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LABOR LAW 1 1st Semester, AY 2008-2009 Prof. E. (Leo) D.

Battad College of Law University of the Philippines SUGGESTED TEXTBOOK: CA Azu ena! "he La#or Code with Co$$ents and Cases (Latest Edition) REFEREN ES: %a$son %. Al antara! and %a$son B. Al antara &r.! Philippine La#or and %o ial Legislation Annotated '()* Philippine Constitution "he La#or Code of the Philippines and its +$ple$enting ,ules ,egulations Pertinent +nternational .u$an ,ights +nstru$ents and +L/ Conventions! ,e o$$endations and La#or0 related laws Assigned ,eadings !" !NTRODU T!ON TO LABOR LAW A" L#$%r #s # %&'e(t

that govern the individual and olle tive intera tions of e$ployers! e$ployees or their representatives. %/C+AL LE1+%LA"+/9 :%. LAB/, LA4% %o ial legislation8 provides parti ular 3inds of prote tion or #enefits to so iety or seg$ents thereof in furtheran e of so ial 5usti e. La#or laws are ne essarily so ial legislation. But to differentiate! la#or laws dire tly affe t e$ploy$ent while so ial legislation governs effe ts of e$ploy$ent. La#or laws are so ial legislation #ut not all so ial legislation are la#or laws. 6. %o ial &usti e! Const.! Art. ++! %e . ';< Art. =+++! %e . '0>

Section 10. The State shall promote social justice in all phases of national development. Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments. Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and selfreliance. A T!C"# $!!! % "A&' Section 3. The State shall afford full protection to labor, local and overseas, organi(ed and unorgani(ed, and promote full employment and equality of employment opportunities for all. !t shall guarantee the rights of all wor)ers to selforgani(ation, collective bargaining and negotiations, and peaceful concerted activities, including the right to stri)e in accordance with law. They shall be entitled to security of tenure, humane conditions of wor), and a living wage. They shall also participate in policy and decision-ma)ing processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between wor)ers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between wor)ers and employers, recogni(ing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to e*pansion and growth.
"he ai$ and the reason and! therefore! 5ustifi ation of la#or laws is so ial 5usti e. the

'. 1eneral %ense La#or physi al toil although it does not ne essarily e2 lude the appli ation of s3ill! thus there is s3illed and uns3illed la#or. %3ill fa$iliar 3nowledge of any art or s ien e$ united with radiness and de2terity in e2e ution or perfor$an e or in the appli ation of the art or s ien e to pra ti al purposes. 4or3 is #roader than la#or as wor3 overs all for$s of physi al or $ental e2ertion! or #oth o$#ined! for the attain$ent of so$e o#5e t other than re reation or a$use$ent per se. 6. "e hni al sense 4or3er #roader than e$ployee as wor3ers $ay refer to self0e$ployed people! and those wor3ing in the servi e and under the ontrol of another! regardless of ran3! title! or nature of wor3. E$ployee salaried person wor3ing for another who ontrols or supervises the $eans! $anner or $ethod of doing the wor3. B" L#$%r L#) '. Definition La#or legislaton la#or standards 7 la#or relations a. #. . d. onsists of statutes! regulations and 5urispruden e governing the relations #etween apital and la#or #y providing for ertain e$ploy$ent standards and a legal fra$ewor3 for negotiating! ad5usting and ad$inistering those standards and other in idents of e$ploy$ent.

L#$%r st#&*#r*s8 whi h sets out the $ini$u$ ter$s! onditions! and #enefits of e$ploy$ent that e$ployers $ust provide or o$ply with and to whi h e$ployees are entitled as a $atter of legal right. L#$%r re+#t,%&s +#): whi h defines the status! rights and duties and the institutional $e hanis$s

S%',#+ -.st,'e: &P Laurel in Calalang neither o$$unis$! nor despotis$! nor ato$is$ not anar hy #ut the hu$anization of laws and the e?ualization of so ial and e ono$i for es #y the %tate so that 5usti e in its rational and o#5e tively se ular on eption $ay at least #e appro2i$ated. "he pro$otion of the welfare of all the people! the adoption #y the 1overn$ent of $easures al ulated

to insure e ono$i sta#ility of all the o$ponent ele$ents of so iety through the $aintenan e of proper e ono$i and so ial e?uili#riu$ in the interrelations of the $e$#ers of the o$$unity! onstitutionality! through the adoption of $easures legally 5ustifia#le! or e2tra0 onstitutionally! through the e2er ise of powers underlying the e2isten e of all govern$ents! on the ti$e0honored prin iple of salus populi est suprema lex. La#or is the pri$ary so ial e ono$i for e! thus the %tate shall prote t the rights of wor3ers and pro$ote their welfare. %&st,t.t,%&#+ R,/0ts #&* 1#&*#tes "he %tate shall afford full prote tion to la#or and this is found in the '(>@! '(*>! and '()* Consti. "he %tate affir$s la#or as a pri$ary so ial e ono$i for e thus! it shall prote t the right of the wor3ers and pro$ote their welfare. Basi rights of wor3ers guaranteed #y the onsti8 '. 6. >. A. @. B. *. ,ight to organize the$selves Condu t olle tive #argaining or negotiation with $anage$ent Engage in pea eful on erted a tivities! in luding to stri3e in a ordan e with law En5oy se urity of tenure 4or3 under hu$ane onditions ,e eive a living wage Parti ipate in poli y and de ision0 $a3ing pro esses affe ting their rights and #enefits as $ay #e provided #y law. (%e . >! =+++). in the Consti8

%tate so that 5usti e in its rational and o#5e tively se ular on eption $ay at least #e appro2i$ated. %o ial 5usti e is the pro$otion of the welfare of all the people! the adoption #y the 1overn$ent of $easures al ulated to insure e ono$i sta#ility of all the o$ponent ele$ents of so iety through the $aintenan e of proper e ono$i and so ial e?uili#riu$ in the interrelations of the $e$#ers of the o$$unity! onstitutionality! through the adoption of $easures legally 5ustifia#le! or e2tra0 onstitutionally! through the e2er ise of powers underlying the e2isten e of all govern$ents! on the ti$e0honored prin iple of salus populi est suprema lex. Danila Ele tri (6;;;) Co. v. %e . of La#or! >>* %C,A (;

4hen will the CBA ta3e effe tE F0o0000000000000000000000000000000+ 200000000000000000000000000 CBA e2piration B $onths %e retary of La#or $ay deter$ine the date of retroa tivity as part of his dis retionary powers. But this dis retionary power shall only #e e2er ised only when 5urisdi tion has #een vested. Assailed ,esolution8 Arti le 6B>(g) gives the %e retary 5urisdi tion. CBA negotiated within si2 $onths after the e2piration of the e2isting CBA retroa ts to the day i$$ediately following su h date and if agreed thereafter! the effe tivity depends on the agree$ent of the parties. But the law is silent as to the retroa tivity of a CBA ar#itral award or that granted not #y virtue of the $utual agree$ent of the parties #ut #y intervention of the govern$ent. Despite the silen e of the law! the Court rules herein that CBA ar#itral awards granted after si2 $onths fro$ the e2piration of the last CBA shall retroa t to su h ti$e agreed upon #y #oth e$ployer and the e$ployees or their union. A#sent su h an agree$ent as to retroa tivity! the award shall retroa t to the first day of the si20$onth period following the e2piration of the last day of the CBA should there #e one. +9 the a#sen e of a CBA! the %e Gs deter$ination of the date of retroa tivity as part of his dis retionary powers over ar#itral awards shall ontrol. .eld8 4here an ar#itral award is granted #eyond si2 $onths after the e2piration of the e2isting CBA! and there is no agree$ent #etween the parties as to the date of effe tivity thereof! the ar#itral award shall retroa t to the first day after the si20$onth period following the e2piration of the last day of the CBA. But instead of De '! '((@ to 9ov >; '((* (CBA had a 60year appli a#ility period)! the Court $odified it to &une '! '((B to Day >'! '((). O& s%',#+ 3.st,'e8 HI"Jhis Court annot ignore the enor$ous ost that petitioner will have to #ear as a onse?uen e of the fill retroa tion of the ar#itral award to the date of the e2piry of the CBA and the inevita#le effe t that it would have on the national e ono$y. /n the other hand! under the poli y of so ial 5usti e! the law #ends over #a 3ward to a o$$odate the interests of the wor3ing lass on the hu$ane 5ustifi ation that those with less privilege in life should have $ore in law. Balan ing these two ontrasting interests! this Court turned to the di tates of fairness and e?uita#le 5usti e and thus arrived at a for$ula that would address the on erns of #oth sides. "hus! Ar#itral award $ust retroa t to the first day AK"E, the si20$onth period following the last day of the CBA. Azu ena8 Du$an C La#or + C Prof. Battad C Page 6

/ther provisions ')

,ight to for$ unions! asso iations! so ieties for purposes not ontrary to law. 6) ,ight to self organization shall not #e denied to govern$ent e$ployees. >) ,egular far$wor3ers shall have the right to own dire tly or olle tively the lands they till. A) "he %tate shall #y law and for o$$on good! underta3e in ooperation with the private se tor a ontinuing progra$ of ur#an land refor$ and housing. @) "he %tate shall prote t wor3ing wo$en #y providing safe and healthful wor3ing onditions ta3ing into a ount their $aternal fun tions. B) La#or is entitled to seats allotted to party0 list representatives *) "he %tate shall pro$ote industrialization and full e$ploy$ent #ased on sound agri ultural develop$ent and agrarian refor$. )) Congress shall reate an agen y to pro$ote the via#ility and growth of ooperatives. () "he 1ovt shall in rease salary s ales of the other offi ials and e$ployees of the 9ational 1overn$ent. ';) Career ivil servi e e$ployees shall #e entitled to appropriate separation pay and to retire$ent and other #enefits under e2isting laws. a. DefinitionCBalan ing of +nterest Calalang v. 4illia$s! *; Phil. *6B ('(A;) S%',#+ -.st,'e: &P Laurel in Calalang neither o$$unis$! nor despotis$! nor ato$is$ not anar hy #ut the hu$anization of laws and the e?ualization of so ial and e ono$i for es #y the

"he Consitution has not overloo3ed the rights of apital. +t provides that! Hthe %tate re ognizes the indispensa#le role of the private se tor! en ourages private enterprise! and provides in entives to needed invest$ents (Art. ++! %e . 6;). 4hile la#or is entitled to a 5ust share in the fruits of produ tion! the enterprise has an e?ually i$portant right not only to reasona#le returns on invest$ent #ut also to e2pansion and growth. %hared ,esponsi#ility #etween wor3ers and e$ployers Preferential use of voluntary $odes of settling disputes. a. Koundation8 Prote tion Poli e Power and %tate

Li$its of Use PLD" v. 9L,C! 'BA %C,A B*' ('())) PLD" e$ployee pro$ised to fa ilitate the approval of the o$plainantsG appli ations for telephone installation and then re eived fro$ the$ an a$ount of $oney in onsideration of her pro$ise. "he rule e$#odied in the La#or Code is that a person dis$issed for ause as defined therein is not entitled to separation pay. "he ases a#ove ited (where different ases were ited proving that so$e o$panies still allowed separation pay despite the degree of the ground upon whi h the e$ployees were #eing dis$issed for) onstitute the e2 eption! #ased upon onsiderations of e?uity. E?uity has #een defined as 5usti e outside law! #eing ethi al rather than 5ural and #elonging to the sphere of $orals than of law. +t is grounded on the pre epts of ons ien e and not on any san tion of positive law. .en e! it annot prevail against the e2pressed provision of the la#or laws allowing dis$issal of e$ployees for ause and without any provision for separation pay. %eparation pay shall #e allowed as a $easure of so ial 5usti e only in those instan es where the e$ployee is alidly dis$issed for auses other than serious $is ondu t or those refle ting on his $oral hara ter. 4here the reason for the valid dis$issal is! for e2a$ple! ha#itual into2i ation or an offense involving $oral turpitude! life theft or illi it se2ual relations with a fellow wor3er! the e$ployer $ay not #e re?uired to give the dis$issed e$ployee separation pay or finan ial assistan e! or whatever other na$e it is alled on the ground of so ial 5usti e. "he poli y of so ial 5usti e is not intended to ountenan e wrongdoing si$ply #e ause it is o$$itted #y the underprivileged. At #est it $ay $itigate the penalty #ut it ertainly will not ondone the offense. Co$passion for the poor is an i$perative of every hu$ane so iety #ut only when the re ipient is not a ras al lai$ing an underserved privilege. %o ial 5usti e annot #e per$itted to #e refuge of s oundrels any $ore than an e?uity #e an i$pedi$ent to the punish$ent of the guilty. "hose who invo3e so ial 5ustive $ay do so only if their hands are lean and their $otives #la$eless and not si$ply #e ause they happen to #e poor.

4hile so ial 5usti e is the raison dGetre of la#or laws! their #asis or foundation is the poli e power of the %tate. a. #. %tate legislatures $ay ena t laws for the prote tion of the safety and health of e$ployees. ,ight of every person to pursue a #usiness! o upation! or profession is su#5e t to the para$ount right of the govern$ent as a part of its poli e power to i$pose su h restri tions and regulations as the prote tion of the pu#li $ay re?uire. light of the

Legal Classifi ation8 (dis ussed in suspension of deploy$ent of wo$en) a. #. . d. #.

su h lassifi ation rest on su#stantial distin tions they are ger$ane to the purpose of the law they are not onfined to e2isting onditions they apply e?ually to all $e$#ers of the sa$e lass

Koundation8 Poli e Power and %tate Prote tion CD% Estate! +n . v. %o ial %e urity %yste$! '>6 %C,A ';) ('()A) "he ase of two #usinesses! one was in real estate and the other was in the logging #usiness. /ne owner was de$anding for a refund fro$ %%% and it refused to su#s ri#e the e$ployees of the 6nd #usiness to %%% #e ause the #usiness has not #een in operation for 6 years (whi h was the re?uire$ent of the law) yet. "he %o ial %e urity Law was ena ted pursuant to the poli y of the govern$ent Hto develop! esta#lish gradually and perfe t a so ial se urity syste$ whi h shall #e suita#le to the needs of the people throughout the Philippines! and shall provide prote tion against the hazards of disa#ility! si 3ness! old age and death. !t ,s t0.s '+e#r t0#t s#,* e&#'tme&t ,m(+eme&ts t0e /e&er#+ )e+4#re m#&*#te %4 t0e %&st,t.t,%& #&* '%&st,t.tes # +e/,t,m#te e2er',se %4 t0e (%+,'e (%)er %4 t0e St#te" +t is the intention of the law to over as $any persons as possi#le so as to pro$ote the onstitutional o#5e tive of so ial 5usti e. Co$pulsory overage of the e$ployer shall ta3e effe t on the first day of his operation! and that of the e$ployee on the date of his e$ploy$ent (,A ''B' as a$ended #y ,A 6B@)). "he two year pres ription of the prior law $ust #e onsidered prevailed over #y the later law and $oreover! the legislative intent $ust #e given effe t.

Aga#on v. 9L,C! AA6 %C,A @*> (6;;A)

E$ployees were lai$ing illegal dis$issal. E$ployer was asserting that there was a#andon$ent. A#andon$ent is the deli#erate and un5ustified refusal of an e$ployee to resu$e his e$ploy$ent. +t is a for$ of negle t of duty! hen e! a 5ust ause for ter$ination of e$ploy$ent #y the e$ployer. Kor a valid finding of a#andon$ent8 (') failure to report for wor3 or a#sen e without valid or 5ustifia#le reason (6) lear intention to server e$ployer0e$ployee relationship with the se ond as the $ore deter$inative fa tor whi h is $anifested #y overt a ts fro$ whi h it $ay #e dedu ed that the e$ployees has no $ore intention to wor3. We&(0,+ %r Be+#te* D.e 5r%'ess R.+e: where the e$ployer had a valid reason to dis$iss an e$ployee #ut did not follow the due pro ess re?uire$ent! the dis$issal $ay #e upheld #ut the e$ployer will #e penalized to pay an inde$nity to the e$ployee. But this was re0e2a$ined in Serr#&% '#se wherein the Court re?uired that the e$ployer pay the full #a 3wages fro$ the ti$e of dis$issal until the ti$e the Court finds the dis$issal was for a 5ust or authorized ause. +t was #e ause of a signifi ant Du$an C La#or + C Prof. Battad C Page >

nu$#er of ases re?uisite noti es.

involving

dis$issals

without #. '()* Constitution! Art. ++! %e s. @! (! ';! '>! 'A! ')< Art. =+++! %e s. '! >! 'A

+n Aga#on! the Court a#andoned %errano and followed 4enphil only that the san tions i$posed on the e$ployer $ust #e stiffer than those in 4enphil. An e$ployee who is learly guilty of ondu t violative of Arti le 6)6 should not #e prote ted #y the %o ial &usti e Clause of the Constitution. %o ial 5usti e! as the ter$s suggests! should #e used only to orre t an in5usti e. &P Laurel! in Calalang8 so ial 5usti e $ust #e founded on the re ognition of the ne essity of interdependen e a$ong diverse units of a so iety and of the prote tion that should #e e?ually and evenly e2tended to all groups as a o$#ined for e in our so ial and e ono$i life! onsistent with the funda$ental and para$ount o#5e tive of the state of pro$oting the health! o$fort and ?uiet of all person! and of #ringing a#out t0e /re#test /%%* t% t0e /re#test &.m$er" %o ial 5usti e is not #ased on rigid for$ulas set in stone. +t has to allow for hanging ti$es and ir u$stan es. @. Legal Basis a. +nternational Conventions +nternational % hool Allian e of Luisu$#ing! >>> %C,A '> (6;;;) Edu ators v.

ART. II Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development. Section 13. The State recogni(es the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. !t shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 14. The State recogni(es the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Section 18. The State affirms labor as a primary social economic force. !t shall protect the rights of wor)ers and promote their welfare. Art. XIII Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. Section 3. The State shall afford full protection to labor, local and overseas, organi(ed and unorgani(ed, and promote full employment and equality of employment opportunities for all. !t shall guarantee the rights of all wor)ers to selforgani(ation, collective bargaining and negotiations, and peaceful concerted activities, including the right to stri)e in accordance with law. They shall be entitled to security of tenure, humane conditions of wor), and a living wage. They shall also participate in policy and decision-ma)ing processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between wor)ers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between wor)ers and employers, recogni(ing the right of labor to its just share in the fruits of production and the right
Du$an C La#or + C Prof. Battad C Page A

Koreigner tea hers were given $ore #enefits than the lo al tea hers. +nternational law! whi h springs fro$ general prin iple of law! li3ewise pros ri#es dis ri$ination. 1eneral prin iples of law in lude prin iples of e?uity i.e the general prin iples of fairness and 5usti e! #ased on the test of what is reasona#le. "he following e$#ody the general prin iple against dis ri$ination! the very antithesis of fairness and 5usti e. Universal De laration of .u$an ,ights "he +nternational Covenant on E ono$i ! %o ial! and Cultural ,ights "he +nternational Convention on the Eli$ination of All Kor$s of ,a ial Dis ri$ination "he Convention against Dis ri$ination in Edu ation "he Convention Con erning Dis ri$ination in ,espe t of E$ploy$ent and / upation

Dentioned in the ase8 B#r/#,&,&/ U&,t: is a group of e$ployees of a given e$ployer! o$prised of all or less than all of the entire #ody of e$ployees! onsistent with e?uity to the e$ployer indi ate to #e the #est suited to serve the re ipro al rights and duties of the parties under the olle tive #argaining provisions of the law. "he fa tors deter$ining the appropriate olle tive #argaining unit are8 (') the will of the e$ployees (6) affinity and unity of the e$ployeesG interest! su h as su#stantial si$ilarity of wor3 and duties! or si$ilarity of o$pensation and wor3ing onditions (>) prior olle tive #argaining history (A) si$ilarity of e$ploy$ent status.

of enterprises to reasonable returns to investments, and to e*pansion and growth. Section 14. The State shall protect wor)ing women by providing safe and healthful wor)ing conditions, ta)ing into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to reali(e their full potential in the service of the nation.
%ee also8 '(>@ Const.! Art. =+:! %e .! B< '(*> Const.! Art. ++! %e . ( 1967 %&st,t.t,%&, Art" X!8, Se'" 9

to the other, to give something or to render some service. ,-./0a1 Art. 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. ,-.//a1
. Colle tive Bargaining Agree$ent D/LE Phils. v. Pawis ng Da3a#ayang /#rero! >(@ %C,A ''6 (6;;>) +nterpretation of the free $eals provision in the CBA. +s it after the e$ployee has wor3ed only after $ore than three hours of wor3 or those who have rendered e2a tly three hours of overti$e wor3E "he disputed provision of the CBA is lear and una$#iguous. "he ter$s of the CBA is not sus epti#le to any other interpretation. .en e the literal $eaning of Hfree $eals after three (>) hours of overti$e wor3N shall prevail! whi h is si$ply that an e$ployee shall #e entitled to a free $eal if he has rendered e2a tly! or no less than! three hours of overti$e wor3! not Hafter $ore thanN or Hin e2 ess ofN three hours overti$e wor3. Kound in the ase8 Danage$ent prerogative8 "he e2er ise of $anage$ent prerogative is not unli$ited. +t is su#5e t to the li$itations found in law! a olle tive #argaining agree$ent or the general prin iples of fair play and 5usti e. "his situation onstitutes one of the li$itations. "he CBA is the nor$ of ondu t #etween the petitioner and private respondent and o$plian e therewith is $andated #y the e2press poli y of the law. d. Past Pra ti es Davao Kruits Corporation v. Asso iated la#or Union! 66@ %C,A @B6 ('((>) +ssue8 4/9 in the o$putation of the '>th $onth pay given #y e$ployers to their e$ployees under PD )@'! pay$ents for si 3! va ation and $aternity leaves! pre$iu$s for wor3 done rest days and spe ial holidays and pay for regular holidays $ay #e e2 luded in the o$putation and pay$ent thereof! regardless of long0standing o$pany pra ti e. A '%m(#&: (r#'t,'e 4#;%r#$+e t% t0e em(+%:ees 0#* ,&*ee* $ee& est#$+,s0e* #&* t0e (#:me&ts m#*e (.rs.#&t t0eret%, r,(e&e* ,&t% $e&e4,ts e&3%:e* $: t0em" A&* #&: $e&e4,t #&* s.((+eme&t $e,&/ e&3%:e* $: t0e em(+%:ees '#&&%t $e re*.'e*, *,m,&,s0e*, *,s'%&t,&.e* %r e+,m,&#te* $: t0e em(+%:er, $: ;,rt.e %4 Se' 10 %4 t0e R.+es #&* Re/.+#t,%&s !m(+eme&t,&/ 5D 871 #&* Art 100 %4 t0e L#$%r %*e )0,'0 (r%0,$,t t0e *,m,&.t,%& %r e+,m,&#t,%& $ t0e em(+%:er %4 t0e em(+%:ees< e2,st,&/ $e&e4,ts" "he onsidera#le length of ti$e the ?uestioned ite$s had #een in luded #y petitioner indi ates a unilateral and voluntary a t on its part! suffi ient in itself to negate any lai$ of $ista3e.

Section 6. The State shall afford protection to labor, especially to wor)ing women, and minors, and shall regulate the relations between the landowner and tenant, and between labor and capital in industry and in agriculture. The State may provide for compulsory arbitration.
'(*> Const. Art. ++! %e . (

Section 9. The State shall afford protection to labor, promote full employment and equality in employment, ensure equal wor) opportunities regardless of se*, race, or creed, and regulate the relation between wor)ers and employers. The State shall assure the rights of wor)ers to self-organi(ation, collective bargaining, security of tenure, and just and humane conditions of wor). The State may provide for compulsory arbitration.
. d. La#or Code (LC) and /$ni#us ,ules +$ple$enting the La#or Code 9ew Civil Code of the Philippines (9CC)! Arts. '(! 6'! '*;;0'*;'

Art. 19. #very person must, in the e*ercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Art. 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, stri)es and loc)outs, closed shop, wages, wor)ing conditions, hours of labor and similar subjects. Art. 1701. +either capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public.
B. %our es of Law a. #. La#or Code and ,elated (+$ple$enting ,ules) %pe ial Legislation

Contra t M Art. '>;@0'>;B! 9ew Civil Code

%a$ahang Danggagawa sa "op Kor$ Danufa turing0 United 4or3ers of the Phil. (%D"KD0U4P v. 9L,C! 6(@ %C,A '*' ('(()) "he ase wherein the e$ployer was harged as having o$$itted an unfair la#or pra ti e #y #argaining in #ad faith and dis ri$inating against in Du$an C La#or + C Prof. Battad C Page @

Art. 1305. A contract is a meeting of minds between two persons whereby one binds himself, with respect

e$ployees #y pro$ising at a olle tive #argaining onferen e to i$ple$ent any govern$ent0$andated wage in reases on an a ross0the0#oard #asis. Past pro$ises whi h were written in the $inutes of the $eeting. "he proposal was never e$#odied in the CBA! thus! the pro$ise re$ained 5ust that! a pro$ise! the i$ple$entation whi h annot #e validly de$anded under the law. "he law provides re$edies to the petitioner union to o$pel priv resp to in orporate this spe ifi e ono$i proposal in the CBA! whi h they did not do. "he CBA is the law #etween the ontra ting partiesO the olle tive #argaining representative and the e$ployer0 o$pany. Co$plian e with a CBA is $andated #y the e2pressed poli y to give prote tion to la#or. +n the sa$e vein! CBA provision should #e H onstrued li#erally rather than narrowly and te hni ally! and the ourts $ust pla e a pra ti al and realisti onstru tion upon it! giving due onsideration to the onte2t in whi h it is negotiated and purpose whi h it is intended to serve. "his is founded on the di tu$ that a CBA is not an ordinary ontra t #ut one i$pressed with pu#li interest. +t goes without saying! however! that only provisions e$#odied in the CBA should #e so interpreted and o$plied with. 9o #enefits or privileges petitioner union and the withdrawn as a result of the resp i$ple$ented the wage previously en5oyed #y other e$ployees were $anner #y whi h private orders.

"he #enefitsCentitle$ents in ?uestion were never su#5e ts of any e2press agree$ent #etween the parties. "hey were never in orporated in the CBA. As o#served #y the :A! the re ords reveal that these #enefitsCentitle$ents have not #een su#5e ts of any e2press agree$ent #etween the union and the o$pany! and have not yet #een in orporated in the CBA. Downtrend was lear in the servi e award a$ount and the partiesG venue were hanged fro$ paid venues to one whi h was free of harge. T% $e '%&s,*ere* # =re/.+#r (r#'t,'e>, t0e /,;,&/ %4 t0e $%&.s s0%.+* 0#;e $ee& *%&e %;er # +%&/ (er,%* %4 t,me, #&* m.st $e s0%)& t% 0#;e $ee& '%&s,ste&t #&* *e+,$er#te" e. Co$pany Poli ies

China Ban3ing Corporation v. Borro$eo! AA; %C,A B6' (6;;A) "he ase of a $anager who was onsistently pro$oted #e ause of a highly satisfa tory perfor$an e whi h landed hi$ at the A:P spot only to find out that he has done irregularities in approving several DAUDCBP in favor of one Daniwan. "he Ban3Gs %/P provides a restitutionCforfeiture of #enefits provision. +t is well re ognized that o$pany poli ies and regulations are! unless shown to #e grossly oppressive or ontrary to law! generally #inding! and valid on the parties and $ust #e o$plied with until finally revised or a$ended unilaterally or prefera#ly through negotiation or #y o$petent authority. Doreover! $anage$ent has the prerogative to dis ipline its e$ployees and to i$pose appropriate penalties on erring wor3ers pursuant to o$pany rules and regulations. 4ith $ore reason should these truis$s apply to the respondent! who! #y reason of his position! was re?uired to a t 5udi iously and to e2er ise his authority in har$ony with o$pany poli ies. Business enterprises have a prerogative to dis ipline its e$ployees and to i$pose appropriate penalties on erring wor3ers pursuant to o$pany rules and regulations whi h $ust #e respe ted. "he law! in prote ting the rights of la#or! authorized neither oppression nor self0destru tion of an e$ployer o$pany whi h itself is possessed of rights that $ust #e entitled to re ognition and respe t. *. Classifi ation a. #. . La#or %tandards La#or ,elations 4elfare Legislation !!" A" B" LABOR ODE OF T?E 5?!L!55!NES

A$eri an 4ire and Ca#le Daily rated E$ployees Union A$eri an 4ire and Ca#le o.! +n .! A@* %C,A B)A (6;;@) "he o$pany suddenly withdrew and denied ertain #enefits and entitle$ents whi h the e$ployees have long en5oyed li3e servi e awards! >@P pre$iu$ pay of an e$ployeeGs #asi pay for wor3 rendered during .oly Donday! "uesday! 4ednesday! De e$#er 6>! 6B! 6*! 6)! and 6(! Christ$as Party and Pro$otional +n reases. +t is riti al that a deter$ination $ust #e first $ade whether the #enefitsCentitle$ents are in the nature of a #onus or not! and assu$ing they are so! whether they are de$anda#le and enfor ea#le o#ligations. B%&.s: is an a$ount granted and paid to an e$ployee for his industry and loyalty whi h ontri#uted to the su ess of the e$ployerGs #usiness and $ade possi#le the realization of profits. +t is an a t of generosity granted #y an enlightened e$ployer to spur the e$ployee to greater efforts for the su ess of the #usiness and realization of #igger profits. "he granting of a #onus is a $anage$ent prerogative! so$ething given in addition to what is ordinarily re eived #y or stri tly due the re ipient. "hus! a #onus is not a de$anda#le and enfor ea#le o#ligation! e2 ept when it is $ade part of the wage! salary or o$pensation of the e$ployee. +ssue8 4/9 these #onuses an #e onsidered part of the wage or salary or o$pensation $a3ing the$ enfor ea#le o#ligations. .eld8 9o. Kor a #onus to #e enfor ea#le! it $ust have #een pro$ised #y the e$ployer and e2pressly agreed upon #y the parties or it $ust have had a fi2ed a$ount and had #een a long and regular pra ti e on the part of the e$ployer.

Br,e4 ?,st%r: Ge&er#+ 5r%;,s,%&s '. '. De ree "itle! Art. '

A T!C"# -. Name of Decree. - This 2ecree shall be )nown as the "Labor Code of the Philippines".
6. Effe tivity! Art. 6

A T. .. Date of effectivity. - This Code shall ta)e effect si* ,31 months after its promulgation.
>. Poli y De laration! Art. > Du$an C La#or + C Prof. Battad C Page B

A T. 4. Declaration of basic policy. - The State shall afford protection to labor, promote full employment, ensure equal wor) opportunities regardless of se*, race or creed and regulate the relations between wor)ers and employers. The State shall assure the rights of wor)ers to selforgani(ation, collective bargaining, security of tenure, and just and humane conditions of wor).
A. Constru tion in Kavor of La#or! Art. A

A T. 0. 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.

%alinas &r. v. 9L,C! >'( %C,A @A ('((()

6.

,ule Da3ing Power! Art. @

A T. /. Rules and regulations. - The 2epartment of "abor 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 ,-/1 days after announcement of their adoption in newspapers of general circulation.

,eyes v. Court of Appeals! A;( %C,A 6B* (6;;>)

Qapisanan ng $ga Danggagawang Pinagya3ap v. 9L,C! '@6 %C,A B ('()*)

>. 1-D Philippines! +n . v. ,o$il Cua$#ot! 1, 9o. 'B6>;)! 9ov. 66! 6;;B

"e hni al ,ules 9ot Binding! Art. 66'

A T. ..-. Technical rules not binding and prior resort to amicable settlement. - !n any proceeding before the Commission or any of the "abor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of this Code that the Commission and its members and the "abor Arbiters shall use every and all reasonable means to ascertain the facts in each case speedily
Du$an C La#or + C Prof. Battad C Page *

and objectively and without regard to technicalities of law or procedure, all in the interest of due process. !n any proceeding before the Commission or any "abor Arbiter, the parties may be represented by legal counsel but it shall be the duty of the Chairman, any 5residing Commissioner or Commissioner or any "abor Arbiter to e*ercise complete control of the proceedings at all stages.

A T. .-6. !urisdiction of the Labor Arbiters and the Commission. - ,a1 #*cept as otherwise provided under this Code, the "abor Arbiters shall have original and e*clusive jurisdiction to hear and decide, within thirty ,471 calendar days after the submission of the case by the parties for decision without e*tension, even in the absence of stenographic notes, the following cases involving all wor)ers, whether agricultural or non-agricultural;

.untington %teel Produ ts! +n . v. 9L,C! AA6 %C,A @@' (6;;A)

.. Termination disputes< 4. !f accompanied with a claim for reinstatement, those cases that wor)ers may file involving wages, rates of pay, hours of wor) and other terms and conditions of employment< 0. Claims for actual, moral, e*emplary and other forms of damages arising from the employer-employee relations< 3. #*cept claims for #mployees Compensation, Social Security, =edicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount e*ceeding five thousand pesos ,5/,777.771 regardless of whether accompanied with a claim for reinstatement. A T. -.>. "isitorial and enforcement po#er. - ,a1 The Secretary of "abor and #mployment or his duly authori(ed representatives, including labor regulation officers, shall have access to employer?s records and premises at any time of the day or night whenever wor) is being underta)en therein, and the right to copy therefrom, to question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this Code and of any labor law, wage order or rules and regulations issued pursuant thereto. ,b1 +otwithstanding the provisions of Articles -.8 and .-6 of this Code to the contrary, and in cases where the relationship of employer-employee still e*ists, the Secretary of "abor and #mployment or his duly authori(ed representatives shall have the power to issue compliance orders to give effect to the labor standards provisions of this Code and other labor legislation based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection. The Secretary or his duly authori(ed representatives shall issue writs of e*ecution to the appropriate authority for the enforcement of their orders, e*cept in cases where the employer contests the findings of the labor employment and enforcement officer and raises issues supported by documentary proofs which were not considered in the course of inspection. ,As amended by epublic Act +o. 6647, @une ., -8801. An order issued by the duly authori(ed representative of the Secretary of "abor and #mployment under this Article may be appealed to the latter. !n case said order involves a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Secretary of "abor
Du$an C La#or + C Prof. Battad C Page )

A.

Appli a#ility! Art. B! 6*B< Constitution! Art. +=0B! %e . 6(')

A T. 3. Applicability. - All rights and benefits granted to wor)ers under this Code shall, e*cept as may otherwise be provided herein, apply ali)e to all wor)ers, whether agricultural or non-agricultural. ,As amended by 5residential 2ecree +o. /67-A, +ovember -, -8601. A T. .63. overnment employees. - The terms and conditions of employment of all government employees, including employees of governmentowned and controlled corporations, shall be governed by the Civil Service "aw, rules and regulations. Their salaries shall be standardi(ed by the +ational Assembly as provided for in the +ew Constitution. 9owever, there shall be no reduction of e*isting wages, benefits and other terms and conditions of employment being enjoyed by them at the time of the adoption of this Code.
%&st,t.t,%&, Art" !X-B, Se'" 2@1A

Section 2. branches, agencies of owned or charters.

(1) The civil service embraces all subdivisions, instrumentalities, and the :overnment, including governmentcontrolled corporations with original

5.

Enfor e$ent and %an tions M Arts. 6'* (a) (6)! (>)! (A)! (B)< '6)0'6(< 6))06(6< Consti.! Art +++! %e s. '' and 'B

and #mployment in the amount equivalent to the monetary award in the order appealed from. ,As amended by epublic Act +o. 6647, @une ., -8801. ,c1 The Secretary of "abor and #mployment may li)ewise order stoppage of wor) or suspension of operations of any unit or department of an establishment when non-compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of wor)ers in the wor)place. Aithin twenty-four hours, a hearing shall be conducted to determine whether an order for the stoppage of wor) or suspension of operations shall be lifted or not. !n case the violation is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages during the period of such stoppage of wor) or suspension of operation. ,d1 !t shall be unlawful for any person or entity to obstruct, impede, delay or otherwise render ineffective the orders of the Secretary of "abor and #mployment or his duly authori(ed representatives issued pursuant to the authority granted under this Article, and no inferior court or entity shall issue temporary or permanent injunction or restraining order or otherwise assume jurisdiction over any case involving the enforcement orders issued in accordance with this Article. ,e1 Any government employee found guilty of violation of, or abuse of authority, under this Article shall, after appropriate administrative investigation, be subject to summary dismissal from the service. ,f1 The Secretary of "abor and #mployment may, by appropriate regulations, require employers to )eep and maintain such employment records as may be necessary in aid of his visitorial and enforcement powers under this Code. A T. -.8. Recovery of #ages$ simple money claims and other benefits. - Bpon complaint of any interested party, the egional 2irector of the 2epartment of "abor and #mployment or any of the duly authori(ed hearing officers of the 2epartment is empowered, through summary proceeding and after due notice, to hear and decide any matter involving the recovery of wages and other monetary claims and benefits, including legal interest, owing to an employee or person employed in domestic or household service or househelper under this Code, arising from employeremployee relations; 5rovided, That such complaint does not include a claim for reinstatement; 5rovided further, That the aggregate money claims of each employee or househelper does not e*ceed Cive thousand pesos ,5/,777.771. The egional 2irector or hearing officer shall decide or resolve the complaint within thirty ,471 calendar days from the date of the filing of the same. Any sum thus recovered on behalf of any employee or househelper pursuant to this Article shall be held in a special deposit account by, and shall be paid on order of, the Secretary of "abor and #mployment or the egional 2irector directly to the employee or househelper concerned. Any such sum not paid to the employee or househelper because he cannot be located after diligent and reasonable effort to locate him within a period of three ,41 years, shall be held as a special fund of the 2epartment of "abor and #mployment to be used

e*clusively for the amelioration and benefit of wor)ers. Any decision or resolution of the egional 2irector or hearing officer pursuant to this provision may be appealed on the same grounds provided in Article ..4 of this Code, within five ,/1 calendar days from receipt of a copy of said decision or resolution, to the +ational "abor elations Commission which shall resolve the appeal within ten ,-71 calendar days from the submission of the last pleading required or allowed under its rules. The Secretary of "abor and #mployment or his duly authori(ed representative may supervise the payment of unpaid wages and other monetary claims and benefits, including legal interest, found owing to any employee or househelper under this Code. ,As amended by Section ., epublic Act +o. 36-/, =arch .-, -8>81. A T. .>>. Penalties. - #*cept as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an e*isting collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than 'ne Thousand 5esos ,5-,777.771 nor more than Ten Thousand 5esos ,5-7,777.771 or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court. !n addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of sentence. Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code, shall be under the concurrent jurisdiction of the =unicipal or City Courts and the Courts of Cirst !nstance. ,As amended by Section 4, &atas 5ambansa &ilang 671. A T. .>8. %ho are liable #hen committed by other than natural person. - !f the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity. Title !! 5 #SC !5T!'+ 'C 'CC#+S#S A+2 C"A!=S A T. .87. &ffenses. - 'ffenses penali(ed under this Code and the rules and regulations issued pursuant thereto shall prescribe in three ,41 years. All unfair labor practice arising from &oo) D shall be filed with the appropriate agency within one ,-1 year from accrual of such unfair labor practice< otherwise, they shall be forever barred. A T. .8-. 'oney claims. - All money claims arising from employer-employee relations accruing during the effectivity of this Code shall be filed within three ,41 years from the time the cause of action accrued< otherwise they shall be forever barred.
Du$an C La#or + C Prof. Battad C Page (

All money claims accruing prior to the effectivity of this Code shall be filed with the appropriate entities established under this Code within one ,-1 year from the date of effectivity, and shall be processed or determined in accordance with the implementing rules and regulations of the Code< otherwise, they shall be forever barred. Aor)men?s compensation claims accruing prior to the effectivity of this Code and during the period from +ovember -, -860 up to 2ecember 4-, -860, shall be filed with the appropriate regional offices of the 2epartment of "abor not later than =arch 4-, -86/< otherwise, they shall forever be barred. The claims shall be processed and adjudicated in accordance with the law and rules at the time their causes of action accrued. A T. .8.. (nstitution of money claims. - =oney claims specified in the immediately preceding Article shall be filed before the appropriate entity independently of the criminal action that may be instituted in the proper courts. 5ending the final determination of the merits of money claims filed with the appropriate entity, no civil action arising from the same cause of action shall be filed with any court. This provision shall not apply to employees compensation case which shall be processed and determined strictly in accordance with the pertinent provisions of this Code.

,c1 ")mployee" includes employed by an employer.

any

individual

Art. -36. 2efinition of Terms.EAs used in this Title, unless the conte*t indicates otherwise; ,f1 F#mployerG means any person, natural or juridical, employing the services of the employee. ,g1 F#mployeeG means any person compulsorily covered by the :S!S under Commonwealth Act +umbered 'ne hundred eighty-si*, as amended, including the members of the Armed Corces of the 5hilippines, and any person employed as casual, emergency, temporary, substitute or contractual, or any person compulsorily covered by the SSS under epublic Act +umbered #leven hundred si*ty-one, as amended. ,h1 F5ersonG means any individual, partnership, firm, association, trust, corporation or legal representative thereof. Art. .-.. ,e1 ")mployer" includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organi(ation or any of its officers or agents e*cept when acting as employer. ,f1 ")mployee" includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so e*plicitly states. !t shall include any individual whose wor) has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment.
#. Ka torsC"ests ,uga v. 9L,C! ')' %C,A A>* ('((;)

ART. III, SEC. 11 AN 16, C!NSTIT"TI!N Section 11. Cree access to the courts and quasijudicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
" W%rB Re+#t,%&s0,( '. E$ployer and E$ployee ,elationship a. Definition of E$ployer and E$ployee! Arts. (* (a) (#) ( )! 'B* (f) (g) (h)! 6'6 (e) (f)

A T. 86. Definitions. - As used in this Title; ,a1 "Person" means an individual, partnership, association, corporation, business trust, legal representatives, or any organi(ed group of persons. ,b1 ")mployer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the government and all its branches, subdivisions and instrumentalities, all government-owned or controlled corporations and institutions, as well as non-profit private institutions, or organi(ations.

Du$an C La#or + C Prof. Battad C Page ';

Perpetual .elp Credit v. Ka#urada et al.! >BB %C,A B(> (6;;')

Angelina Kran is o v. 9L,C! et al.! 1, 9o. '*;;)*! Aug. >'! 6;;B

:i ente %y v. Court of Appeals! >() %C,A >;' (6;;>)

Pier ing the Corporate :eil Pa$plona Plantatin Co.! +n . v. "inghil! A@; %C,A A6' (6;;@)

Chavez v. 9L,C! AA) %C,A A*) (6;;@)

Du$an C La#or + C Prof. Battad C Page ''

shall be responsible to the wor)ers in the same manner and e*tent as if the latter were directly employed by him. A T. -76. (ndirect employer. - The provisions of the immediately preceding article shall li)ewise apply to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any wor), tas), job or project. E#ART$ENT !R ER N!. 18 % 02 (Serie& o' 2002) . . R"(ES I$#(E$ENTIN) ARTIC(ES 106 T! 109 !* T+E (A,!R C! E, AS A$EN E . . ,- .irt/e o' t0e 1o2er .e&te3 in t0e Secret4r- o' (45or 4n3 E617o-6ent /n3er Artic7e& 5 (R/7e% 648in9) 4n3 106 (Contr4ctor or S/5contr4ctor) o' t0e (45or Co3e o' t0e #0i7i11ine&, 4& 46en3e3, t0e 'o77o2in9 re9/74tion& 9o.ernin9 contr4ctin9 4n3 &/5contr4ctin9 4rr4n9e6ent& 4re 0ere5i&&/e3: Section 1. Guiding principles. % Contr4ctin9 4n3 &/5contr4ctin9 4rr4n9e6ent& 4re e;1re&&7477o2e3 5- 742 4n3 4re &/5<ect to re9/74tion 'or t0e 1ro6otion o' e617o-6ent 4n3 t0e o5&er.4nce o' t0e ri90t& o' 2or8er& to </&t 4n3 0/64ne con3ition& o' 2or8, &ec/rit- o' ten/re, &e7'% or94ni=4tion, 4n3 co77ecti.e 54r94inin9. (45or% on7- contr4ctin9 4& 3e'ine3 0erein &0477 5e 1ro0i5ite3. Section 2 . Coverage. % T0e&e R/7e& &0477 4117- to 477 14rtie& o' contr4ctin9 4n3 &/5contr4ctin9 4rr4n9e6ent& 20ere e617o-er%e617o-ee re74tion&0i1 e;i&t&. #74ce6ent 4cti.itie& t0ro/90 1ri.4te recr/it6ent 4n3 174ce6ent 49encie& 4& 9o.erne3 5- Artic7e& 25 to 39 o' t0e (45or Co3e 4re not co.ere3 5- t0e&e R/7e&. Section 3. Trilateral Relationship in Contracting Arrangements. - In 7e9iti64te contr4ctin9, t0ere e;i&t& 4 tri74ter47 re74tion&0i1 /n3er 20ic0 t0ere i& 4 contr4ct 'or 4 &1eci'ic <o5, 2or8 or &er.ice 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor, 4n3 4 contr4ct o' e617o-6ent 5et2een t0e contr4ctor or &/5contr4ctor 4n3 it& 2or8er&. +ence, t0ere 4re t0ree 14rtie& in.o7.e3 in t0e&e 4rr4n9e6ent&, t0e 1rinci147 20ic0 3eci3e& to '4r6 o/t 4 <o5 or &er.ice to 4 contr4ctor or &/5contr4ctor, t0e contr4ctor or &/5contr4ctor 20ic0 04& t0e c414cit- to in3e1en3ent7/n3ert48e t0e 1er'or64nce o' t0e <o5, 2or8 or &er.ice, 4n3 t0e contr4ct/47 2or8er& en949e3 5t0e contr4ctor or &/5contr4ctor to 4cco617i&0 t0e <o5 2or8 or &er.ice. Section 4. Definition of Basic Terms. % T0e 'o77o2in9 ter6& 4& /&e3 in t0e&e R/7e&, &0477 6e4n: (4) "Contracting" or "subcontracting" re'er& to 4n 4rr4n9e6ent 20ere5- 4 1rinci147 49ree& to 1/t o/t or '4r6 o/t 2it0 4 contr4ctor or &/5contr4ctor t0e 1er'or64nce or co617etion o' 4 &1eci'ic <o5, 2or8 or &er.ice 2it0in 4 3e'inite or 1re3eter6ine3
Du$an C La#or + C Prof. Battad C Page '6

2.

+ndependent Contra tor and La#or0only Contra tor! Art. ';B0';*! ';(< D/ 9o. ')0;6! % 6;;6

A T. -73. Contractor or subcontractor. - Ahenever an employer enters into a contract with another person for the performance of the former?s wor), the employees of the contractor and of the latter?s subcontractor, if any, shall be paid in accordance with the provisions of this Code. !n the event that the contractor or subcontractor fails to pay the wages of his employees in accordance with this Code, the employer shall be jointly and severally liable with his contractor or subcontractor to such employees to the e*tent of the wor) performed under the contract, in the same manner and e*tent that he is liable to employees directly employed by him. The Secretary of "abor and #mployment may, by appropriate regulations, restrict or prohibit the contracting-out of labor to protect the rights of wor)ers established under this Code. !n so prohibiting or restricting, he may ma)e appropriate distinctions between labor-only contracting and job contracting as well as differentiations within these types of contracting and determine who among the parties involved shall be considered the employer for purposes of this Code, to prevent any violation or circumvention of any provision of this Code. There is "labor*only" contracting where the person supplying wor)ers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, wor) premises, among others, and the wor)ers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. !n such cases, the person or intermediary shall be considered merely as an agent of the employer who

1erio3, re94r37e&& o' 20et0er &/c0 <o5, 2or8 or &er.ice i& to 5e 1er'or6e3 or co617ete3 2it0in or o/t&i3e t0e 1re6i&e& o' t0e 1rinci147. (5) "Contractor or subcontractor" re'er& to 4n1er&on or entit- en949e3 in 4 7e9iti64te contr4ctin9 or &/5contr4ctin9 4rr4n9e6ent. (c) "Contractual employee" inc7/3e& one e617o-e3 5- 4 contr4ctor or &/5contr4ctor to 1er'or6 or co617ete 4 <o5, 2or8 or &er.ice 1/r&/4nt to 4n 4rr4n9e6ent 5et2een t0e 74tter 4n3 4 1rinci147. (3) " rincipal" re'er& to 4n- e617o-er 20o 1/t& o/t or '4r6& o/t 4 <o5, &er.ice or 2or8 to 4 contr4ctor or &/5contr4ctor. Section 5. rohibition against labor-only contracting. - (45or%on7- contr4ctin9 i& 0ere53ec74re3 1ro0i5ite3. *or t0i& 1/r1o&e, 745or%on7contr4ctin9 &0477 re'er to 4n 4rr4n9e6ent 20ere t0e contr4ctor or &/5contr4ctor 6ere7- recr/it&, &/117ie& or 174ce& 2or8er& to 1er'or6 4 <o5, 2or8 or &er.ice 'or 4 1rinci147, 4n3 4n- o' t0e 'o77o2in9 e7e6ent& 4re 1re&ent: (i) T0e contr4ctor or &/5contr4ctor 3oe& not 04.e &/5&t4nti47 c41it47 or in.e&t6ent 20ic0 re74te& to t0e <o5, 2or8 or &er.ice to 5e 1er'or6e3 4n3 t0e e617o-ee& recr/ite3, &/117ie3 or 174ce3 5- &/c0 contr4ctor or &/5contr4ctor 4re 1er'or6in9 4cti.itie& 20ic0 4re 3irect7- re74te3 to t0e 64in 5/&ine&& o' t0e 1rinci147> or (ii) t0e contr4ctor 3oe& not e;erci&e t0e ri90t to contro7 o.er t0e 1er'or64nce o' t0e 2or8 o' t0e contr4ct/47 e617o-ee. T0e 'ore9oin9 1ro.i&ion& &0477 5e 2it0o/t 1re</3ice to t0e 4117ic4tion o' Artic7e 248 (C ) o' t0e (45or Co3e, 4& 46en3e3. "!ubstantial capital or investment" re'er& to c41it47 &toc8& 4n3 &/5&cri5e3 c41it47i=4tion in t0e c4&e o' cor1or4tion&, too7&, e?/i16ent, i617e6ent&, 64c0inerie& 4n3 2or8 1re6i&e&, 4ct/477- 4n3 3irect7- /&e3 5- t0e contr4ctor or &/5contr4ctor in t0e 1er'or64nce or co617etion o' t0e <o5, 2or8 or &er.ice contr4cte3 o/t. T0e "right to control" &0477 re'er to t0e ri90t re&er.e3 to t0e 1er&on 'or 20o6 t0e &er.ice& o' t0e contr4ct/47 2or8er& 4re 1er'or6e3, to 3eter6ine not on7- t0e en3 to 5e 4c0ie.e3, 5/t 47&o t0e 64nner 4n3 6e4n& to 5e /&e3 in re4c0in9 t04t en3. Section 6. rohibitions. % Not2it0&t4n3in9 Section 5 o' t0e&e R/7e&, t0e 'o77o2in9 4re 0ere53ec74re3 1ro0i5ite3 'or 5ein9 contr4r- to 742 or 1/57ic 1o7ic-: (4) Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice 20en not 3one in 9oo3 '4it0 4n3 not </&ti'ie3 5- t0e e;i9encie& o' t0e 5/&ine&& 4n3 t0e &46e re&/7t& in t0e ter6in4tion o' re9/74r e617o-ee& 4n3 re3/ction o' 2or8 0o/r& or re3/ction or &17ittin9 o' t0e 54r94inin9 /nit>

(5) Contr4ctin9 o/t o' 2or8 2it0 4 "cabo" 4& 3e'ine3 in Section 1 (ii), R/7e I, ,oo8 @ o' t0e&e R/7e&. "Cabo" re'er& to 4 1er&on or 9ro/1 o' 1er&on& or to 4 745or 9ro/1 20ic0, in t0e 9/i&e o' 4 745or or94ni=4tion, &/117ie& 2or8er& to 4n e617o-er, 2it0 or 2it0o/t 4n- 6onet4r- or ot0er con&i3er4tion 20et0er in t0e c414cit- o' 4n 49ent o' t0e e617o-er or 4& 4n o&ten&i57e in3e1en3ent contr4ctor> (c) T48in9 /n3/e 43.4nt49e o' t0e econo6ic &it/4tion or 74c8 o' 54r94inin9 &tren9t0 o' t0e contr4ct/47 e617o-ee, or /n3er6inin9 0i& &ec/rit- o' ten/re or 54&ic ri90t&, or circ/6.entin9 t0e 1ro.i&ion& o' re9/74r e617o-6ent, in 4n- o' t0e 'o77o2in9 in&t4nce&: (i) In 433ition to 0i& 4&&i9ne3 '/nction&, re?/irin9 t0e contr4ct/47 e617o-ee to 1er'or6 '/nction& 20ic0 4re c/rrent7- 5ein9 1er'or6e3 5- t0e re9/74r e617o-ee& o' t0e 1rinci147 or o' t0e contr4ctor or &/5contr4ctor> (ii) Re?/irin9 0i6 to &i9n, 4& 4 1recon3ition to e617o-6ent or contin/e3 e617o-6ent, 4n 4nte34te3 re&i9n4tion 7etter> 4 574n8 14-ro77> 4 24i.er o' 745or &t4n34r3& inc7/3in9 6ini6/6 249e& 4n3 &oci47 or 2e7'4re 5ene'it&> or 4 ?/itc74i6 re7e4&in9 t0e 1rinci147, contr4ctor or &/5contr4ctor 'ro6 4n- 7i45i7it- 4& to 14-6ent o' '/t/re c74i6&> 4n3 (iii) Re?/irin9 0i6 to &i9n 4 contr4ct 'i;in9 t0e 1erio3 o' e617o-6ent to 4 ter6 &0orter t04n t0e ter6 o' t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor, /n7e&& t0e 74tter contr4ct i& 3i.i&i57e into 104&e& 'or 20ic0 &/5&t4nti477- 3i''erent &8i77& 4re re?/ire3 4n3 t0i& i& 643e 8no2n to t0e e617o-ee 4t t0e ti6e o' en949e6ent> (3) Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice t0ro/90 4n in%0o/&e 49enc- 20ic0 re'er& to 4 contr4ctor or &/5contr4ctor en949e3 in t0e &/117- o' 745or 20ic0 i& o2ne3, 64n49e3 or contro77e3 5- t0e 1rinci147 4n3 20ic0 o1er4te& &o7e7- 'or t0e 1rinci147> (e) Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice 3irect7- re74te3 to t0e 5/&ine&& or o1er4tion o' t0e 1rinci147 5- re4&on o' 4 &tri8e or 7oc8o/t 20et0er 4ct/47 or i66inent> (') Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice 5ein9 1er'or6e3 5- /nion 6e65er& 20en &/c0 2i77 inter'ere 2it0, re&tr4in or coerce e617o-ee& in t0e e;erci&e o' t0eir ri90t& to &e7' or94ni=4tion 4& 1ro.i3e3 in Art. 248 (c) o' t0e (45or Co3e, 4& 46en3e3. Section 7. "#istence of an employer-employee relationship. % T0e contr4ctor or &/5contr4ctor &0477 5e con&i3ere3 t0e e617o-er o' t0e contr4ct/47 e617o-ee 'or 1/r1o&e& o' en'orcin9 t0e 1ro.i&ion& o' t0e (45or Co3e 4n3 ot0er &oci47 7e9i&74tion. T0e 1rinci147, 0o2e.er, &0477 5e &o7i34ri7- 7i457e 2it0 t0e contr4ctor in t0e e.ent o' 4n- .io74tion o' 4n- 1ro.i&ion o' t0e (45or Co3e, inc7/3in9 t0e '4i7/re to 14- 249e&.
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T0e 1rinci147 &0477 5e 3ee6e3 t0e e617o-er o' t0e contr4ct/47 e617o-ee in 4n- o' t0e 'o77o2in9 c4&e& 4& 3ec74re3 5- 4 co61etent 4/t0orit-: (4) 20ere t0ere i& 745or%on7- contr4ctin9> or (5) 20ere t0e contr4ctin9 4rr4n9e6ent '477& 2it0in t0e 1ro0i5ition& 1ro.i3e3 in Section 6 (#ro0i5ition&) 0ereo'. Section 8. Rights of Contractual "mployees. % Con&i&tent 2it0 Section 7 o' t0e&e R/7e&, t0e contr4ct/47 e617o-ee &0477 5e entit7e3 to 477 t0e ri90t& 4n3 1ri.i7e9e& 3/e 4 re9/74r e617o-ee 4& 1ro.i3e3 'or in t0e (45or Co3e, 4& 46en3e3, to inc7/3e t0e 'o77o2in9: (4) S4'e 4n3 0e47t0'/7 2or8in9 con3ition&> (5) (45or &t4n34r3& &/c0 4& &er.ice incenti.e 7e4.e, re&t 34-&, o.erti6e 14-, 0o7i34- 14-, 13t0 6ont0 144n3 &e14r4tion 14-> (c) Soci47 &ec/rit- 4n3 2e7'4re 5ene'it&> (3) Se7'%or94ni=4tion, co77ecti.e 54r94inin9 4n3 1e4ce'/7 concerte3 4ction> 4n3 (e) Sec/rit- o' ten/re. Section 9. Contract bet$een contractor or subcontractor and contractual employee. % Not2it0&t4n3in9 or47 or 2ritten &ti1/74tion& to t0e contr4r-, t0e contr4ct 5et2een t0e contr4ctor or &/5contr4ctor 4n3 t0e contr4ct/47 e617o-ee, 20ic0 &0477 5e in 2ritin9, &0477 inc7/3e t0e 'o77o2in9 ter6& 4n3 con3ition&: (4) T0e &1eci'ic 3e&cri1tion o' t0e <o5, 2or8 or &er.ice to 5e 1er'or6e3 5- t0e contr4ct/47 e617o-ee> (5) T0e 174ce o' 2or8 4n3 ter6& 4n3 con3ition& o' e617o-6ent, inc7/3in9 4 &t4te6ent o' t0e 249e r4te 4117ic457e to t0e in3i.i3/47 contr4ct/47 e617o-ee> 4n3 (c) T0e ter6 or 3/r4tion o' e617o-6ent, 20ic0 &0477 5e coe;ten&i.e 2it0 t0e contr4ct o' t0e 1rinci147 4n3 &/5contr4ctor, or 2it0 t0e &1eci'ic 104&e 'or 20ic0 t0e contr4ct/47 e617o-ee i& en949e3, 4& t0e c4&e 64- 5e. T0e contr4ctor or &/5contr4ctor &0477 in'or6 t0e contr4ct/47 e617o-ee o' t0e 'ore9oin9 ter6& 4n3 con3ition& on or 5e'ore t0e 'ir&t 34- o' 0i& e617o-6ent. Section 10. "ffect of Termination of Contractual "mployment. - In c4&e& o' ter6in4tion o' e617o-6ent 1rior to t0e e;1ir4tion o' t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor, t0e ri90t o' t0e contr4ct/47 e617o-ee to &e14r4tion 14- or ot0er re74te3 5ene'it& &0477 5e 9o.erne3 5- t0e 4117ic457e 742& 4n3 </ri&1r/3ence on ter6in4tion o' e617o-6ent. A0ere t0e ter6in4tion re&/7t& 'ro6 t0e e;1ir4tion o' t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor, or 'ro6 t0e co617etion o' t0e 104&e o' t0e <o5, 2or8 or &er.ice 'or 20ic0 t0e contr4ct/47 e617o-ee i& en949e3, t0e 74tter &0477 not 5e entit7e3 to &e14r4tion 14-. +o2e.er, t0i& &0477 5e 2it0o/t 1re</3ice to co617etion 5on/&e& or ot0er e6o7/6ent&, inc7/3in9 retire6ent 14- 4& 64- 5e

1ro.i3e3 5- 742 or in t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor. Section 11. Registration of Contractors or !ubcontractors. % Con&i&tent 2it0 t0e 4/t0orit- o' t0e Secret4r- o' (45or 4n3 E617o-6ent to re&trict or 1ro0i5it t0e contr4ctin9 o/t o' 745or t0ro/90 411ro1ri4te re9/74tion&, 4 re9i&tr4tion &-&te6 to 9o.ern contr4ctin9 4rr4n9e6ent& 4n3 to 5e i617e6ente3 5- t0e Re9ion47 !''ice& i& 0ere5e&t457i&0e3. T0e re9i&tr4tion o' contr4ctor& 4n3 &/5contr4ctor& &0477 5e nece&&4r- 'or 1/r1o&e& o' e&t457i&0in9 4n e''ecti.e 745or 64r8et in'or64tion 4n3 6onitorin9. *4i7/re to re9i&ter &0477 9i.e ri&e to t0e 1re&/61tion t04t t0e contr4ctor i& en949e3 in 745or%on7- contr4ctin9. Section 12. Re%uirements for registration. % A contr4ctor or &/5contr4ctor &0477 5e 7i&te3 in t0e re9i&tr- o' contr4ctor& 4n3 &/5contr4ctor& /1on co617etion o' 4n 4117ic4tion 'or6 to 5e 1ro.i3e3 5- t0e !(E. T0e 4117ic4nt contr4ctor or &/5contr4ctor &0477 1ro.i3e in t0e 4117ic4tion 'or6 t0e 'o77o2in9 in'or64tion: (4) T0e n46e 4n3 5/&ine&& 433re&& o' t0e 4117ic4nt 4n3 t0e 4re4 or 4re4& 20ere it &ee8& to o1er4te> (5) T0e n46e& 4n3 433re&&e& o' o''icer&, i' t0e 4117ic4nt i& 4 cor1or4tion, 14rtner&0i1, coo1er4ti.e or /nion> (c) T0e n4t/re o' t0e 4117ic4ntB& 5/&ine&& 4n3 t0e in3/&tr- or in3/&trie& 20ere t0e 4117ic4nt &ee8& to o1er4te> (3) T0e n/65er o' re9/74r 2or8er&> t0e 7i&t o' c7ient&, i' 4n-> t0e n/65er o' 1er&onne7 4&&i9ne3 to e4c0 c7ient, i' 4n- 4n3 t0e &er.ice& 1ro.i3e3 to t0e c7ient> (e) T0e 3e&cri1tion o' t0e 104&e& o' t0e contr4ct 4n3 t0e n/65er o' e617o-ee& co.ere3 in e4c0 104&e, 20ere 411ro1ri4te> 4n3 (') A co1- o' 4/3ite3 'in4nci47 &t4te6ent& i' t0e 4117ic4nt i& 4 cor1or4tion, 14rtner&0i1, coo1er4ti.e or 4 /nion, or co1- o' t0e 74te&t ITR i' t0e 4117ic4nt i& 4 &o7e 1ro1rietor&0i1. T0e 4117ic4tion &0477 5e &/11orte3 5-: (4) A certi'ie3 co1- o' 4 certi'ic4te o' re9i&tr4tion o' 'ir6 or 5/&ine&& n46e 'ro6 t0e Sec/ritie& 4n3 E;c04n9e Co66i&&ion (SEC), e14rt6ent o' Tr43e 4n3 In3/&tr( TI), Coo1er4ti.e e.e7o16ent A/t0orit- (C A), or 'ro6 t0e !(E i' t0e 4117ic4nt i& 4 /nion> 4n3 (5) A certi'ie3 co1- o' t0e 7icen&e or 5/&ine&& 1er6it i&&/e3 5- t0e 7oc47 9o.ern6ent /nit or /nit& 20ere t0e contr4ctor or &/5contr4ctor o1er4te&.
Du$an C La#or + C Prof. Battad C Page 'A

T0e 4117ic4tion &0477 5e .eri'ie3 4n3 &0477 inc7/3e 4n /n3ert48in9 t04t t0e contr4ctor or &/5contr4ctor &0477 45i3e 5- 477 4117ic457e 745or 742& 4n3 re9/74tion&. Section 13. &iling and processing of applications. % T0e 4117ic4tion 4n3 it& &/11ortin9 3oc/6ent& &0477 5e 'i7e3 in tri17ic4te in t0e Re9ion47 !''ice& 20ere t0e 4117ic4nt 1rinci1477- o1er4te&. No 4117ic4tion 'or re9i&tr4tion &0477 5e 4cce1te3 /n7e&& 477 t0e 'ore9oin9 re?/ire6ent& 4re co617ie3 2it0. T0e contr4ctor or &/5contr4ctor &0477 5e 3ee6e3 re9i&tere3 /1on 14-6ent o' 4 re9i&tr4tion 'ee o' #100.00 to t0e Re9ion47 !''ice. A0ere 477 t0e &/11ortin9 3oc/6ent& 04.e 5een &/56itte3, t0e Re9ion47 !''ice &0477 3en- or 411ro.e t0e 4117ic4tion 2it0in &e.en (7) 2or8in9 34-& 4'ter it& 'i7in9. "1on re9i&tr4tion, t0e Re9ion47 !''ice &0477 ret/rn one &et o' t0e 3/7-%&t461e3 4117ic4tion 3oc/6ent& to t0e 4117ic4nt, ret4in one &et 'or it& 'i7e, 4n3 tr4n&6it t0e re64inin9 &et to t0e ,/re4/ o' (oc47 E617o-6ent. T0e ,/re4/ &0477 3e.i&e t0e nece&&4r- 'or6& 'or t0e e;1e3itio/& 1roce&&in9 o' 477 4117ic4tion& 'or re9i&tr4tion. Section 14. Duty to produce copy of contract bet$een the principal and the contractor or subcontractor. - T0e 1rinci147 or t0e contr4ctor or &/5contr4ctor &0477 5e /n3er 4n o57i94tion to 1ro3/ce 4 co1- o' t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e contr4ctor in t0e or3in4rco/r&e o' in&1ection. T0e contr4ctor &0477 7i8e2i&e 5e /n3er 4n o57i94tion to 1ro3/ce 4 co1o' t0e contr4ct o' e617o-6ent o' t0e contr4ct/47 2or8er 20en 3irecte3 to 3o &o 5- t0e Re9ion47 irector or 0i& 4/t0ori=e3 re1re&ent4ti.e. A co1- o' t0e contr4ct 5et2een t0e contr4ct/47 e617o-ee 4n3 t0e contr4ctor or &/5contr4ctor &0477 5e '/rni&0e3 t0e certi'ie3 54r94inin9 49ent, i' t0ere i& 4n-. Section 15. Annual Reporting of Registered Contractors. % T0e contr4ctor or &/5contr4ctor &0477 &/56it in tri17ic4te it& 4nn/47 re1ort /&in9 4 1re&cri5e3 'or6 to t0e 411ro1ri4te Re9ion47 !''ice not 74ter t04n t0e 15t0 o' C4n/4r- o' t0e 'o77o2in9 -e4r. T0e re1ort &0477 inc7/3e: (4) A 7i&t o' contr4ct& entere3 2it0 t0e 1rinci147 3/rin9 t0e &/5<ect re1ortin9 1erio3> (5) T0e n/65er o' 2or8er& co.ere3 5- e4c0 contr4ct 2it0 t0e 1rinci147> (c) A &2orn /n3ert48in9 t04t t0e 5ene'it& 'ro6 t0e Soci47 Sec/rit- S-&te6 (SSS), t0e +o6e e.e7o16ent $/t/47 */n3 (+ $*), #0i7+e47t0, E617o-ee& Co61en&4tion Co66i&&ion (ECC), 4n3 re6itt4nce& to t0e ,/re4/ o' Intern47 Re.en/e (,IR) 3/e it& contr4ct/47 e617o-ee& 04.e 5een 643e 3/rin9 t0e &/5<ect re1ortin9 1erio3. T0e Re9ion47 !''ice &0477 ret/rn one &et o' t0e 3/7-%&t461e3 re1ort to t0e contr4ctor or

&/5contr4ctor, ret4in one &et 'or it& 'i7e, 4n3 tr4n&6it t0e re64inin9 &et to t0e ,/re4/ o' (oc47 E617o-6ent 2it0in 'i.e (5) 34-& 'ro6 recei1t t0ereo'. Section 16. Delisting of contractors or subcontractors. % S/5<ect to 3/e 1roce&&, t0e Re9ion47 irector &0477 c4nce7 t0e re9i&tr4tion o' contr4ctor& or &/5contr4ctor& 54&e3 on 4n- o' t0e 'o77o2in9 9ro/n3&: (4) Non%&/56i&&ion o' contr4ct& 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor 20en re?/ire3 to 3o &o> (5) Non%&/56i&&ion o' 4nn/47 re1ort> (c) *in3in9& t0ro/90 4r5itr4tion t04t t0e contr4ctor or &/5contr4ctor 04& en949e3 in 745or% on7- contr4ctin9 4n3 t0e 1ro0i5ite3 4cti.itie& 4& 1ro.i3e3 in Section 6 (#ro0i5ition&) 0ereo'> 4n3 (3) Non%co617i4nce 2it0 745or &t4n34r3& 4n3 2or8in9 con3ition&. Section 17. Rene$al of registration of contractors or subcontractors. % A77 re9i&tere3 contr4ctor& or &/5contr4ctor& 64- 4117- 'or rene247 o' re9i&tr4tion e.er- t0ree -e4r&. *or t0i& 1/r1o&e, t0e Tri14rtite In3/&tri47 #e4ce Co/nci7 (TI#C) 4& cre4te3 /n3er E;ec/ti.e !r3er No. 49, &0477 &er.e 4& t0e o.er&i90t co66ittee to .eri'- 4n3 6onitor t0e 'o77o2in9: (4) En949in9 in 477o2457e contr4ctin9 4cti.itie&> 4n3 (5) Co617i4nce 2it0 436ini&tr4ti.e re1ortin9 re?/ire6ent&. Section 18. "nforcement of 'abor !tandards and (or)ing Conditions. % Con&i&tent 2it0 Artic7e 128 (@i&itori47 4n3 En'orce6ent #o2er) o' t0e (45or Co3e, 4& 46en3e3, t0e Re9ion47 irector t0ro/90 0i& 3/7- 4/t0ori=e3 re1re&ent4ti.e&, inc7/3in9 745or re9/74tion o''icer& &0477 04.e t0e 4/t0oritto con3/ct ro/tine in&1ection o' e&t457i&06ent& en949e3 in contr4ctin9 or &/5contr4ctin9 4n3 &0477 04.e 4cce&& to e617o-erB& recor3& 4n3 1re6i&e& 4t 4n- ti6e o' t0e 34- or ni90t 20ene.er 2or8 i& 5ein9 /n3ert48en t0erein, 4n3 t0e ri90t to co1- t0ere'ro6, to ?/e&tion 4n- e617o-ee 4n3 in.e&ti94te 4n- '4ct, con3ition or 64tter 20ic0 64- 5e nece&&4r- to 3eter6ine .io74tion& or 20ic0 64- 4i3 in t0e en'orce6ent o' t0e (45or Co3e 4n3 o' 4n- 745or 742, 249e or3er, or r/7e& 4n3 re9/74tion& i&&/e3 1/r&/4nt t0ereto. T0e 'in3in9& o' t0e 3/7- 4/t0ori=e3 re1re&ent4ti.e &0477 5e re'erre3 to t0e Re9ion47 irector 'or 411ro1ri4te 4ction 4& 1ro.i3e3 'or in Artic7e 128, 4n3 &0477 5e '/rni&0e3 t0e co77ecti.e 54r94inin9 49ent, i' 4n-. ,4&e3 on t0e .i&itori47 4n3 en'orce6ent 1o2er o' t0e Secret4r- o' (45or 4n3 E617o-6ent in Artic7e 128 (4), (5), (c) 4n3 (3), t0e Re9ion47 irector &0477 i&&/e co617i4nce or3er& to 9i.e e''ect to t0e 745or
Du$an C La#or + C Prof. Battad C Page '@

&t4n34r3& 1ro.i&ion& o' t0e (45or Co3e, ot0er 745or 7e9i&74tion 4n3 t0e&e 9/i3e7ine&. Section 19. !olidary liability. % T0e 1rinci147 &0477 5e 3ee6e3 4& t0e 3irect e617o-er o' t0e contr4ct/47 e617o-ee& 4n3 t0ere'ore, &o7i34ri77i457e 2it0 t0e contr4ctor or &/5contr4ctor 'or 204te.er 6onet4r- c74i6& t0e contr4ct/47 e617o-ee& 64- 04.e 494in&t t0e 'or6er in t0e c4&e o' .io74tion& 4& 1ro.i3e3 'or in Section& 5 ((45or%!n7- contr4ctin9), 6 (#ro0i5ition&), 8 (Ri90t& o' Contr4ct/47 E617o-ee&) 4n3 16 ( e7i&tin9) o' t0e&e R/7e&. In 433ition, t0e 1rinci147 &0477 47&o 5e &o7i34ri7- 7i457e in c4&e t0e contr4ct 5et2een t0e 1rinci147 4n3 contr4ctor or &/5contr4ctor i& 1reter6in4te3 'or re4&on& not 4ttri5/t457e to t0e '4/7t o' t0e contr4ctor or &/5contr4ctor. Section 20. !upersession. % A77 r/7e& 4n3 re9/74tion& i&&/e3 5- t0e Secret4r- o' (45or 4n3 E617o-6ent incon&i&tent 2it0 t0e 1ro.i&ion& o' t0i& R/7e 4re 0ere5- &/1er&e3e3. Contr4ctin9 or &/5contr4ctin9 4rr4n9e6ent& in t0e con&tr/ction in3/&tr-, /n3er t0e 7icen&in9 co.er49e o' t0e #CA, 4n3 &0477 not inc7/3e &0i15/i73in9 4n3 &0i1 re14irin9 2or8&, 0o2e.er, &0477 contin/e to 5e 9o.erne3 5- e14rt6ent !r3er No. 19, &erie& o' 1993. Section 21. "ffectivity. % T0i& !r3er &0477 5e e''ecti.e 'i'teen (15) 34-& 4'ter co617etion o' it& 1/57ic4tion in t2o (2) ne2&141er& o' 9ener47 circ/74tion. . $4ni74, #0i7i11ine&, 21 *e5r/4r- 2002.
a. ,e?uire$ents for +ndependent Contra tor %an Diguel Corp v. 9L,C - Dali3si! 1, 9o. 'A*@BB! De . B! 6;;B

L++Q.A0PDPB v. Burlingga$e 'B6)>>! &une '@! 6;;*

orp.!

1,

9o.

#.

Desira#le M Unne essary Co a0Cola Bottlers Phil.! +n . v. 9L,C! >;* %C,A '>' ('((()

La#or Contra tor /nly< ,e?uisites and Prohi#ition Danila 4ater Co.! +n . v. Pena! A>A %C,A @6 (6;;A)

Du$an C La#or + C Prof. Battad C Page 'B

d.

Effe t of Kinding

D"

5re-em(+%:me&t, Re'r.,tme&t #&* 5+#'eme&t %4 W%rBers ,eferen e8 Arts. '60A6< P/EA ,ules< Boo3 '! ,ules +++0 :+++! /$ni#us ,ules< Digrant 4or3ers and /verseas Kilipinos A t of '((@ (,A );A6)< Anti0"raffi 3ing in Persons A t 6;;> (,A (6;)) and ,ules and ,egulations +$ple$enting ,A (6;) '. Pre0e$ploy$ent Poli y M %tate$ent /#5e tives! Art. '6 (a) (f)< Const.! Art. ++! %e . (< ,A );A6! %e . 6! A - @. of

%an Diguel Corporation v. A#ella! AB' %C,A >(6 (6;;@)

A T. -.. +tatement of ob,ectives. - !t is the policy of the State; a1 To promote and maintain a state of full employment through improved manpower training, allocation and utili(ation< f1 To strengthen the networ) of public employment offices and rationali(e the participation of the private sector in the recruitment and placement of wor)ers, locally and overseas, to serve national development objectives< -8>6 Constitution, Art !!, Sec. 8 The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. #5B&"!C ACT +'. >70. S#C. .. 2#C"A AT!'+ 'C 5'"!C!#S-,a1 !n the pursuit of an independent foreign policy and while considering national sovereignty, territorial integrity, national interest and the right to self-determination paramount in its relations with other states, the State shall, at all times, uphold the dignity of its citi(ens whether in country or
Du$an C La#or + C Prof. Battad C Page '*

>. Lia#ility of +ndire t E$ployer

Lanzaderas v. A$ethyst %e urity - 1eneral %ervi es! +n .! supra

overseas, in general, and Cilipino migrant wor)ers, in particular. ,b1 The State shall afford full protection to labor, local and overseas, organi(ed and unorgani(ed, and promote full employment and equality of employment opportunities for all. Towards this end, the State shall provide adequate and timely social, economic and legal services to Cilipino migrant wor)ers. ,c1 Ahile recogni(ing the significant contribution of Cilipino migrant wor)ers to the national economy through their foreign e*change remittances, the State does not promote overseas employment as a means to sustain economic growth and achieve national development. The e*istence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Cilipino citi(ens shall not, at any time, be compromised or violated. The State, therefore, shall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development. ,d1 The State affirms the fundamental equality before the law of women and men and the significant role of women in nationbuilding. ecogni(ing the contribution of overseas migrant women wor)ers and their particular vulnerabilities, the State shall apply gender sensitive criteria in the formulation and implementation of policies and programs affecting migrant wor)ers and the composition of bodies tas)ed for the welfare of migrant wor)ers. ,e1 Cree access to the courts and quasijudicial bodies and adequate legal assistance shall not be denied to any persons by reason of poverty. !n this regard, it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Cilipinos, in general, and Cilipino migrant wor)ers, in particular, documented or undocumented, are adequately protected and safeguarded. ,f1 The right of Cilipino migrant wor)ers and all overseas Cilipinos to participate in the democratic decision-ma)ing processes of the State and to be represented in institutions relevant to overseas employment is recogni(ed and guaranteed. ,g1 The State recogni(es that the ultimate protection to all migrant wor)ers is the possession of s)ills. 5ursuant to this and as soon as practicable, the government shall deploy andHor allow the deployment only to s)illed Cilipino wor)ers. ,h1 +on-governmental organi(ations, duly recogni(ed as legitimate, are partners of the State in the protection of Cilipino migrant wor)ers and in the promotion of their welfare, the State shall cooperate with them in a spirit of trust and mutual respect. ,!1 :overnment fees and other administrative costs of recruitment, introduction, placement and assistance to migrant wor)ers

shall be rendered free without prejudice to the provision of Section 43 hereof. +onetheless, the deployment of Cilipino overseas wor)ers, whether land-based or sea-based by local service contractors and manning agencies employing them shall be encouraged. Appropriate incentives may be e*tended to them. !. 2#5"'I=#+T S#C. 0. 2eployment of =igrant Aor)ers The State shall deploy overseas Cilipino wor)ers only in countries where the rights of Cilipino migrant wor)ers are protected. The government recogni(es any of the following as guarantee on the part of the receiving country for the protection and the rights of overseas Cilipino wor)ers; ,a1 !t has e*isting labor and social laws protecting the rights of migrant wor)ers< ,b1 !t is a signatory to multilateral conventions, declaration or resolutions relating to the protection of migrant wor)ers< ,c1 !t has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Cilipino wor)ers< and ,d1 !t is ta)ing positive, concrete measures to protect the rights of migrant wor)ers. S#C. /. T# =!+AT!'+ ' &A+ '+ 2#5"'I=#+T - +otwithstanding the provisions of Section 0 hereof, the government, in pursuit of the national interest or when public welfare so requires, may, at any time, terminate or impose a ban on the deployment of migrant wor)ers.

6. a. Parties

Private %e tor M Agen ies and Entities

') 4or3er M Art. '> (a)

A T. -4. Definitions. - ,a1 "%or-er" means any member of the labor force, whether employed or unemployed.
6) Private E$ploy$ent Agen y M Arts. '> ( ) (d)! '6 (f)! 'A (a)

A T. -4. ,c1 "Private fee*charging employment agency" means any person or entity engaged in recruitment and placement of wor)ers for a fee which is charged, directly or indirectly, from the wor)ers or employers or both. ,d1 "License" means a document issued by the 2epartment of "abor authori(ing a person or entity to operate a private employment agency. A T. -.. +tatement of ob,ectives. - !t is the policy of the State;
Du$an C La#or + C Prof. Battad C Page ')

f1 To strengthen the networ) of public employment offices and rationali(e the participation of the private sector in the recruitment and placement of wor)ers, locally and overseas, to serve national development objectives< A T. -0. )mployment promotion. - The Secretary of "abor shall have the power and authority; ,a1 To organi(e and establish new employment offices in addition to the e*isting employment offices under the 2epartment of "abor as the need arises<

promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and placement.

6) /verseas E$ploy$ent! %e . B! ,A );A6

>) Private ,e ruit$ent Entity M Arts. '> (e) (f)! '6 (f)! 'A (a)

A T. -4. ,e1 "Private recruitment entity" means any person or association engaged in the recruitment and placement of wor)ers, locally or overseas, without charging, directly or indirectly, any fee from the wor)ers or employers. ,f1 "Authority" means a document issued by the 2epartment of "abor authori(ing a person or association to engage in recruitment and placement activities as a private recruitment entity. A T. -.. +tatement of ob,ectives. - !t is the policy of the State; f1 To strengthen the networ) of public employment offices and rationali(e the participation of the private sector in the recruitment and placement of wor)ers, locally and overseas, to serve national development objectives< A T. -0. )mployment promotion. - The Secretary of "abor shall have the power and authority; ,a1 To organi(e and establish new employment offices in addition to the e*isting employment offices under the 2epartment of "abor as the need arises<
#. ,e ruit$ent and Pla e$ent ') Lo al E$ploy$ent! Art. '> (#)

Sec. 3. 2#C!+!T!'+S. - Cor purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utili(ing, hiring, procuring wor)ers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when underta)en by a non-license or non-holder of authority contemplated under Article -4,f1 of 5residential 2ecree +o. 00., as amended, otherwise )nown as the "abor Code of the 5hilippines. 5rovided, that such non-license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. !t shall li)ewise include the following acts, whether committed by any persons, whether a nonlicensee, non-holder, licensee or holder of authority. ,a1 To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of "abor and #mployment, or to ma)e a wor)er pay any amount greater than that actually received by him as a loan or advance< ,b1 To furnish or publish any false notice or information or document in relation to recruitment or employment< ,c1 To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the "abor Code< ,d1 To induce or attempt to induce a wor)er already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a wor)er from oppressive terms and conditions of employment< ,e1 To influence or attempt to influence any persons or entity not to employ any wor)er who has not applied for employment through his agency< ,f1 To engage in the recruitment of placement of wor)ers in jobs harmful to public health or morality or to dignity of the epublic of the 5hilippines< ,g1 To obstruct or attempt to obstruct inspection by the Secretary of "abor and #mployment or by his duly authori(ed representative< ,h1 To fail to submit reports on the status of employment, placement vacancies, remittances of foreign e*change earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of "abor and #mployment<
Du$an C La#or + C Prof. Battad C Page '(

,b1 "Recruitment and placement" refers to any act of canvassing, enlisting, contracting, transporting, utili(ing, hiring or procuring wor)ers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not; 5rovided, That any person or entity which, in any manner, offers or

,i1 To substitute or alter to the prejudice of the wor)er, employment contracts approved and verified by the 2epartment of "abor and #mployment from the time of actual signing thereof by the parties up to and including the period of the e*piration of the same without the approval of the 2epartment of "abor and #mployment< ,j1 Cor an officer or agent of a recruitment or placement agency to become an officer or member of the &oard of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency< ,)1 To withhold or deny travel documents from applicant wor)ers before departure for monetary or financial considerations other than those authori(ed under the "abor Code and its implementing rules and regulations< ,l1 Cailure to actually deploy without valid reasons as determined by the 2epartment of "abor and #mployment< and ,m1 Cailure to reimburse e*penses incurred by the wor)ers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually ta)e place without the wor)erJs fault. !llegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage. !llegal recruitment is deemed committed by a syndicate carried out by a group of three ,41 or more persons conspiring or confederating with one another. !t is deemed committed in large scale if committed against three ,41 or more persons individually or as a group. The persons criminally liable for the above offenses are the principals, accomplices and accessories. !n case of juridical persons, the officers having control, management or direction of their business shall be liable.
. Allowed and Prote ted Entities ') Allowed Private Agen ies and Entities! Arts. 'B! ')! 6@! '6 (f)

in the development and implementation of a comprehensive employment program, the private employment sector shall participate in the recruitment and placement of wor)ers, locally and overseas, under such guidelines, rules and regulations as may be issued by the Secretary of "abor. A T. -.. +tatement of ob,ectives. - !t is the policy of the State; f1 To strengthen the networ) of public employment offices and rationali(e the participation of the private sector in the recruitment and placement of wor)ers, locally and overseas, to serve national development objectives<
6) Prohi#ited Business Agen ies and Entities! Arts. 'B! ')! 6@! 6B

A T. -3. Private recruitment. - #*cept as provided in Chapter !! of this Title, no person or entity other than the public employment offices, shall engage in the recruitment and placement of wor)ers. A T. ->. .an on direct*hiring. - +o employer may hire a Cilipino wor)er for overseas employment e*cept through the &oards and entities authori(ed by the Secretary of "abor. 2irect-hiring by members of the diplomatic corps, international organi(ations and such other employers as may be allowed by the Secretary of "abor is e*empted from this provision. A T. ./. Private sector participation in the recruitment and placement of #or-ers. - 5ursuant to national development objectives and in order to harness and ma*imi(e the use of private sector resources and initiative in the development and implementation of a comprehensive employment program, the private employment sector shall participate in the recruitment and placement of wor)ers, locally and overseas, under such guidelines, rules and regulations as may be issued by the Secretary of "abor. A T. .3. Travel agencies prohibited to recruit. - Travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment and placement of wor)ers for overseas employment whether for profit or not.
d. 1overn$ent "e hni?ues of ,egulation M Private ,e ruit$ent Li ensing! Arts. 6*! 6)! 6(! >;! >'! P/EA rules and ,egulations! Boo3 ++! %e . ' and Boo3 ++! ,ule ++

A T. -3. Private recruitment. - #*cept as provided in Chapter !! of this Title, no person or entity other than the public employment offices, shall engage in the recruitment and placement of wor)ers. A T. ->. .an on direct*hiring. - +o employer may hire a Cilipino wor)er for overseas employment e*cept through the &oards and entities authori(ed by the Secretary of "abor. 2irect-hiring by members of the diplomatic corps, international organi(ations and such other employers as may be allowed by the Secretary of "abor is e*empted from this provision. A T. ./. Private sector participation in the recruitment and placement of #or-ers. 5ursuant to national development objectives and in order to harness and ma*imi(e the use of private sector resources and initiative

1)

A T. .6. Citi/enship re0uirement. - 'nly Cilipino citi(ens or corporations, partnerships or entities at least seventy-five percent ,6/K1 of the authori(ed and voting capital stoc) of which is owned and controlled by Cilipino citi(ens shall be permitted to participate in the recruitment and placement of wor)ers, locally or overseas. A T. .>. Capitali/ation. - All applicants for authority to hire or renewal of license to recruit are required to have such substantial
Du$an C La#or + C Prof. Battad C Page 6;

capitali(ation as determined by the Secretary of "abor. A T. .8. Non*transferability of license or authority. - +o 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 be transferred, conveyed or assigned to any other person or entity. Any transfer of business address, appointment or designation of any agent or representative including the establishment of additional offices anywhere shall be subject to the prior approval of the 2epartment of "abor. A T. 47. Registration fees. - The Secretary of "abor shall promulgate a schedule of fees for the registration of all applicants for license or authority. A T. 4-. .onds. - All applicants for license or authority shall post such cash and surety bonds as determined by the Secretary of "abor to guarantee compliance with prescribed recruitment procedures, rules and regulations, and terms and conditions of employment as may be appropriate. #!EA R/7e&, ,oo8 II, (ICENSIN) AN RE)"(ATI!N R"(E I #ARTICI#ATI!N !* T+E #RI@ATE SECT!R IN T+E !@ERSEAS E$#(!D$ENT #R!)RA$ Section -. Lualifications. 'nly those who possess the following qualifications may be permitted to engage in the business of recruitment and placement of Cilipino wor)ers; a. Cilipino citi(ens, partnerships or corporations at least seventy five percent ,6/K1 of the authori(ed capital stoc) of which is owned and controlled by Cilipino citi(ens< b. A minimum capitali(ation of Two =illion 5esos ,5.,777,777.771 in case of a single proprietorship or partnership and a minimum paid-up capital of Two =illion 5esos ,5.,777,777.771 in case of a corporation< Provided that those with e*isting licenses shall, within four years from effectivity hereof, increase their capitali(ation or paid up capital, as the case may be, to Two =illion 5esos ,5.,777,777.771 at the rate of Two 9undred Cifty Thousand 5esos ,5./7,777.771 every year. c. Those not otherwise disqualified by law or other government regulations to engage in the recruitment and placement of wor)ers for overseas employment. B"# !! !SSBA+C# 'C "!C#+S#

Section -. Re0uirements for (ssuance of License. - #very applicant for license to operate a private employment agency or manning agency shall submit a written application together with the following requirements; a. A certified copy of the Articles of !ncorporation or of 5artnership duly registered with the Securities and #*change Commission ,S#C1, in the case of corporation or partnership or Certificate of egistration of firm or business name with the &ureau of 2omestic Trade ,&2T1 in the case of a single proprietorship< b. 5roof of financial capacity; !n the case of a single proprietorship or partnership, verified income ta* returns for the past two ,.1 years and a ban) certificate of a cash deposit of 5./7,777.77, provided that the applicant should submit an authority to e*amine such ban) deposit. !n the case of a newly organi(ed corporation, submission of a ban) certificate of a cash deposit of at least 5./7,777.77 with authority to e*amine the same. Cor an e*isting corporation, submission of a verified financial statement, corporate ta* returns for the past two ,.1 years and ban) certification of a cash deposit of at least 5./7,777.77 with the corresponding authority to e*amine such deposit. c. #scrow agreement in the amount of 5.77,777.77 with an accredited reputable ban)ing corporation to primarily answer for valid and legal claims of recruited wor)ers as a result of recruitment violations or money claims< d. Clearance of all members of the &oard of 2irectors, partner, or proprietor of the applicant agency from the +ational &ureau of !nvestigation ,+&!1 and other government agencies as the need may require, Ciscal?s clearance in case of persons with criminal cases< provided that where the member or partner concerned is a foreigner, clearance from his country of origin shall be acceptable< e. 5roof of mar)eting capability<

Cor land-based applicants;

An applicant with an actual principalHforeign employer to be serviced, shall at the time of application submit the following documents for evaluation;

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,-1 A duly e*ecuted Special 5ower of Attorney authenticated by the 5hilippine #mbassyHConsulate or "abor Attache in the place where the principalHemployers hold their office< or ,.1 A concluded serviceHrecruitment agreement authenticated by the 5hilippine #mbassyHConsulate, or "abor Attache in the place where the projectHjob site is located< ,41 An authenticated manpower mobili(ation request or visa approval of not less than fifty ,/71 wor)ers for deployment within a period not e*ceeding si* ,31 months from issuance of approved license<

disability compensation and repatriation< ,01 Shall guarantee compliance with the e*isting labor and social legislations of the 5hilippines and of the country of employment of recruited wor)ers< and ,/1 Shall assume full and complete responsibility for all acts of its officials, employees and representatives done in connection with recruitment and placement< g. "ist of all officials and personnel involved in the recruitment and placement, together with their appointment, bio-data and two ,.1 copies of their passport-si(e pictures. h. Copy of contract of lease or proof of building ownership together with office address. Section .. Action on the Application. * Aithin thirty ,471 calendar days from receipt of application or requirements including proof of payment of a non-refundable filing fee of 5/,777.77, the Administration shall evaluate pertinent documents of the applicant, inspect the offices and equipment and recommend to the Secretary the approval or denial of the application. Section 4. (ssuance of License. - The Administration shall recommend to the Secretary issuance of the corresponding license upon due evaluation and compliance with licensing requirements and operational standards. Section 0. Payment of 1ees and Posting of .onds. - Bpon approval of the application, the applicant shall pay a license fee of 547,777.77. !t shall also post a cash bond of 5-77,777.77 and a surety bond of 5/7,777.77 from a bonding company acceptable to the Administration and duly accredited by the !nsurance Commission. The bonds shall answer for all valid and legal claims arising from violations of the conditions for the grant and use of the license, andHor accreditation and contracts of employment. The bonds shall li)ewise guarantee compliance with the provisions of the Code and its implementing rules and regulations relating to recruitment and placement, the ules of the Administration and relevant issuances of the 2epartment and all liabilities which the Administration may impose. The surety bonds shall include the condition Fthat notice to the principal is notice to the surety and that any judgment against the principal in connection with matters falling under 5'#A?s jurisdiction shall be binding and conclusive on the surety. The surety bonds shall be coterminus with the validity period of the license. Section /. "alidity of License. * #very license shall be valid for at least two ,.1 years from the date of issuance unless
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An applicant who, at the time of application is unable to present a foreign principalHemployer shall, upon compliance with all other licensing requirements as herein provided, be issued a provisional license, subject to submission of a verified underta)ing to deploy at least fifty ,/71 wor)ers, e*clusive of direct hired, within a period not e*ceeding si* ,31 months from date of issuance of provisional license. !t is understood that failure to comply with this underta)ing shall result in the automatic revocation of the provisional license.

Cor manning applicants; ,-1 A duly e*ecuted Special 5ower of Attorney authenticated by the 5hilippine #mbassyHConsulate or "abor Attache in place where the vessel ownersHoperatorsHmanager hold their principal office< or ,.1 A duly concluded manning agreement authenticated by the 5hilippine #mbassy, Consulate, or "abor Attache in the place where the vesselHownersHoperatorsH manager hold their principal office< ,41 A manpower mobili(ation request of not less than fifty ,/71 seafarers for deployment within a period not e*ceeding si* ,31 months from issuance of approved license. f. A verified underta)ing stating that the applicant; ,-1 Shall select only medically and technically qualified recruits< ,.1 Shall assume full and complete responsibility for all claims and liabilities which may arise in connection with the use of license< ,41 Shall assume joint and solidary liability with the employer for all claims and liabilities which may arise in connection with the implementation of the contract, including but not limited to payment of wages, death and

sooner cancelled or revo)ed by the Secretary or suspended by the Administration for violation of the Code and its rules and relevant decrees, orders and issuances and other rules and regulations of the 2epartment. Such license shall be valid only at the placeHs stated therein and when used by the licensed person, partnership or corporation. Section 3. Non*Transferability of License. * +o license shall be transferred, conveyed or assigned to any person, partnership or corporation. !t shall not be used directly or indirectly by any person, partnership or corporation other than the one in whose favor it was issued. Diolation shall cause automatic revocation of license. !n case of death of the sole proprietor, and in order to prevent disruption of operation and so as not to prejudice the interest of legitimate heirs, the licensed single proprietorship may be allowed to continue only for the purpose of winding up its business operation. Section 6. Change of &#nership2Relationship of +ingle Proprietorship or Partnership. * Transfer or change of ownership of a single proprietorship licensed to engage in overseas employment shall cause the automatic revocation of the license. The new owner shall be required to apply for a license in accordance with these ules. A change in the relationship of the partners in a partnership duly licensed to engage in overseas employment which materially interrupts the course of the business or results in the actual dissolution of the partnership shall li)ewise cause the automatic revocation of the license. Section >. 3pgrading of +ingle Proprietorship or Partnerships. * "icense holders which are single proprietorships or partnerships may, subject to the guidelines of the Administration, convert into corporation for purposes of upgrading or raising their capabilities to respond adequately to developmentsHchanges in the international labor mar)et and to enable them to better comply with their responsibilities arising from the recruitment and deployment of wor)ers overseas. The approval of merger, consolidation or upgrading shall automatically revo)e or cancel the licenses of the single proprietorships, partnerships or corporations so merged, consolidated or upgraded. Section 8. Change of Directors of Corporation. * #very change in the composition of the &oard of 2irectors of a corporation licensed to participate in overseas employment shall be registered

with the Administration within thirty ,471 calendar days from the date the change was decided or approved. The corporation shall be required to submit to the Administration the =inutes of 5roceedings duly certified by the S#C, the bio-data and clearances of the new members of the &oard from the government agencies identified in Section ,e1 of this ule. Section -7. Change of &ther &fficers and Personnel. * #very change or termination of appointment of officers, representatives and personnel shall be registered with the Administration within thirty ,471 calendar days from the date of such change. The Administration reserves the right to deny the appointment of officers and employees who were directly involved in recruitment irregularities. Section --. Appointment of Representatives. - #very appointment of representatives or agents of licensed agency shall be subject to prior approval or authority of the Administration. The approval may be issued upon submission of or compliance with the following requirements; a. 5roposed appointment or special power of attorney< b. Clearances of the proposed representative or agent from +&!< c. A sworn or verified statement by the designating or appointing person or company assuming full responsibility for all acts of the agent or representative done in connection with the recruitment and placement of wor)ers< Section -.. Publication of Change of Directors2&ther &fficers and Personnel2 Revocation or Amendment of Appointment of Representatives. * !n addition to the requirement of registration with and submission to the Administration, every change in the membership of the &oard of 2irectors, resignationHtermination of other officers and personnel, revocation or amendment of appointment of representatives shall be published at least once in a newspaper of general circulation, in order to bind third parties. 5roof of such publication shall be submitted to the Administration Section -4. Transfer of .usiness Address and +tudio. * Any transfer of business address shall be effected only with prior authority or approval of the Administration. The approval shall be issued only upon formal notice of the intention to transfer with the following attachments;
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a. Copy of the company?s notice to the &2T or the S#C on the transfer of business address< b. !n the case of a corporation, a &oard esolution duly registered with the S#C authori(ing the transfer of business address< c. !n the case of a single proprietorship, a copy of the &2T?s ac)nowledgment of the notice to transfer< and d. Copy of the contract of lease or proof of building ownership. The new office shall be subject to the normal ocular inspection procedures by duly authori(ed representatives of the Administration. A notice to the public of the new address shall be published in a newspaper of general circulation. Section -0. )stablishment of )4ecutive &ffice. - The establishment of an e*ecutive office outside of the registered address shall be effected only with prior approval or authority of the Administration. The approval may be issued upon submission of an affidavit of underta)ing to the effect that no recruitment activity whatsoever shall be conducted thereat and that the agency has a valid contract of lease or building ownership. Section -/. )stablishment of .ranch and )4tension &ffices. * &ranch and e*tension offices may be established in areas approved by the Secretary, subject to implementing guidelines. Section -3. Conduct of Recruitment &utside of Registered &ffice$ .ranch or )4tension &ffice. * +o licensed agency shall conduct any provincial recruitment, job fairs or recruitment activities of any form outside of the address stated in the license, ac)nowledged &ranch or #*tension 'ffice or without first securing prior authority from the Administration of the Center. Section -6. Rene#al of License. * An agency shall submit an application for the renewal thereof to the Administration. Such application shall be supported by the following documents; a. 5roof of foreign e*change earnings issued by the Central &an)< b. Surety bond duly renewed or revalidated< c. #scrow agreement in the amount of 5.77,777.77 with an accredited reputable ban)ing corporation to primarily answer for valid and legal claims of recruited wor)ers as a result of recruitment violations or money claims<

d. eplenishment of the cash bond in case such or any part thereof is garnished< e. 5roof of financial capacity such as but not limited to verified financial statements for the past two ,.1 years, verified corporate or individual ta* returns with confirmation receipts, and compliance with capitali(ation requirements and infusion thereof as the case may be, as certified by the Securities and #*change Commission< f. Summary of deployment reports during the validity of the license sought to be renewed< g. Summary of payroll reports in case of contractors and manning agencies during the validity of the license sought to be renewed< and h. 'ther requirements as may be imposed by the Administration. Section ->. Non*e4piration of License. * Ahere the license holder has made timely and sufficient application for renewal, the e*isting license shall not e*pire until the application shall have been finally determined by the Administration. Section -8. Action on Rene#al of License. Aithin thirty ,471 calendar days from receipt of the application for renewal the Administration shall underta)e evaluation and inspection and thereafter recommend to the Secretary the grant or denial of the application. Section .7. 1ailure to Rene#. * Any agency which fails to obtain a renewal of its license within thirty ,471 calendar days from e*piration thereof, shall be immediately deemed delisted and disallowed from conducting recruitment and placement. Section .-. Denial of Rene#al of Licenses. - "icenses of agencies which fail to conclude a recruitment or manning agreement andHor underta)e minimum levels of wor)er deployment and foreign e*change generation or those which fail to meet the minimum operational standards and requirements set by the Administration, shall not be renewed. Section ... %hen to Consider Cash .ond2Deposit in )scro# arnished. - As soon as an 'rder of :arnishment is served upon the AdministrationH&an), and the same is correspondingly earmar)ed, the cash bondHdeposit in escrow of an agency shall no longer be considered sufficient. The Administration shall forthwith serve upon the agency a notice to replenish. Section .4. Replenishment of Cash or +urety .onds2Deposit in )scro#. * Aithin fifteen ,-/1 calendar days from date of receipt of notice from the Administration that
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the bondsHdeposit in escrow, or any part thereof had been garnished, the agency shall replenish the same. Cailure to replenish such bondsHdeposit in escrow within the said period shall cause the suspension of the license. Section .0. Refund of Cash .ond2Release of Deposit in )scro#. - A licensed agency which voluntarily surrenders its license shall be entitled to the refund of its deposited cash bond and release of the deposit in escrow, only after posting a surety bond of similar amount valid for four ,01 years from e*piration of license. Section ./. )valuation of Performance of Agencies. * The Administration shall underta)e the annual evaluation and rating of the performance of licensed agencies to determine the merits of their continued participation in the overseas employment program ta)ing into consideration compliance with laws and regulations and such other criteria as it may deem proper. Section .3. Classification and Ran-ing. * The Administration may underta)e the classification and ran)ing of agencies. !n recognition of e*emplary performance, it may underta)e schemes for incentives and rewards.

A T. 40. Prohibited practices. - !t shall be unlawful for any individual, entity, licensee, or holder of authority; ,a1 To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of "abor, or to ma)e a wor)er pay any amount greater than that actually received by him as a loan or advance< ,b1 To furnish or publish any false notice or information or document in relation to recruitment or employment< ,c1 To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code. ,d1 To induce or attempt to induce a wor)er already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the wor)er from oppressive terms and conditions of employment< ,e1 To influence or to attempt to influence any person or entity not to employ any wor)er who has not applied for employment through his agency< ,f1 To engage in the recruitment or placement of wor)ers in jobs harmful to public health or morality or to the dignity of the epublic of the 5hilippines< ,g1 To obstruct or attempt to obstruct inspection by the Secretary of "abor or by his duly authori(ed representatives< ,h1 To fail to file reports on the status of employment, placement vacancies, remittance of foreign e*change earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of "abor. ,i1 To substitute or alter employment contracts approved and verified by the 2epartment of "abor from the time of actual signing thereof by the parties up to and including the periods of e*piration of the same without the approval of the Secretary of "abor< ,j1 To become an officer or member of the &oard of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency< and ,)1 To withhold or deny travel documents from applicant wor)ers before departure for monetary or financial considerations other than those authori(ed under this Code and its implementing rules and regulations.
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6)

4or3ersG Kees! Art. >6

A T. 4.. 1ees to be paid by #or-ers. - Any person applying with a private fee-charging employment agency for employment assistance shall not be charged any fee until he has obtained employment through its efforts or has actually commenced employment. Such fee shall be always covered with the appropriate receipt clearly showing the amount paid. The Secretary of "abor shall promulgate a schedule of allowable fees.
>) ,eportsCE$ploy$ent +nfor$ation! Arts. >>! 'A (d)

A T. 44. Reports on employment status. Ahenever the public interest requires, the Secretary of "abor may direct all persons or entities within the coverage of this Title to submit a report on the status of employment, including job vacancies, details of job requisitions, separation from jobs, wages, other terms and conditions and other employment data. A T. -0. )mployment promotion. - The Secretary of "abor shall have the power and authority; ,d1 To require any person, establishment, organi(ation or institution to submit such employment information as may be prescribed by the Secretary of "abor.
A) Prohi#ited Pra ti es! Art. >A

@) +llegal ,e ruit$ent! Art. >)< %e . B! ,A );A6

A T. 4>. (llegal recruitment. - ,a1 Any recruitment activities, including the prohibited practices enumerated under Article 40 of this Code, to be underta)en by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article 48 of this Code. The 2epartment of "abor and #mployment or any law enforcement officer may initiate complaints under this Article. ,b1 !llegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penali(ed in accordance with Article 48 hereof. !llegal recruitment is deemed committed by a syndicate if carried out by a group of three ,41 or more persons conspiring andHor confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. !llegal recruitment is deemed committed in large scale if committed against three ,41 or more persons individually or as a group. ,c1 The Secretary of "abor and #mployment or his duly authori(ed representatives shall have the power to cause the arrest and detention of such non-licensee or non-holder of authority if after investigation it is determined that his activities constitute a danger to national security and public order or will lead to further e*ploitation of jobsee)ers. The Secretary shall order the search of the office or premises and sei(ure of documents, paraphernalia, properties and other implements used in illegal recruitment activities and the closure of companies, establishments and entities found to be engaged in the recruitment of wor)ers for overseas employment, without having been licensed or authori(ed to do so.
B) Enfor e$ent a) ,egulatory Power! Art. >B

may, at any time, inspect the premises, boo)s of accounts and records of any person or entity covered by this Title, require it to submit reports regularly on prescribed forms, and act on violation of any provisions of this Title.
*) &oint and %everal Lia#ility of Agent and Prin ipal! P/EA ,ules! Boo3 ++! ,ule ++! %e . ' (f)

Section -. Re0uirements for (ssuance of License. - #very applicant for license to operate a private employment agency or manning agency shall submit a written application together with the following requirements; f. A verified underta)ing stating that the applicant; ,-1 Shall select only medically and technically qualified recruits< ,.1 Shall assume full and complete responsibility for all claims and liabilities which may arise in connection with the use of license< ,41 Shall assume joint and solidary liability with the employer for all claims and liabilities which may arise in connection with the implementation of the contract, including but not limited to payment of wages, death and disability compensation and repatriation< ,01 Shall guarantee compliance with the e*isting labor and social legislations of the 5hilippines and of the country of employment of recruited wor)ers< and ,/1 Shall assume full and complete responsibility for all acts of its officials, employees and representatives done in connection with recruitment and placement<
e. ') &urisdi tion ,"C over Cri$inal A tion arising ,e ruit$ent! ,A 9o. );A6! %e . ( fro$ +llegal

A T. 43. Regulatory po#er. - The Secretary of "abor shall have the power to restrict and regulate the recruitment and placement activities of all agencies within the coverage of this Title and is hereby authori(ed to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions of this Title.
#) ) ,ule0Da3ing Power! Art. >B :isitorial Power! Art. >*

S#C. 8. D#+B#. - A criminal action arising from illegal recruitment as defined herein shall be filed with the egional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the same time of the commission of the offense; 5rovided, That the court where the criminal action is first filed shall acquire jurisdiction to the e*clusion of other courts. 5rovided, however, That the aforestated provisions shall also apply to those criminal actions that have already been filed in court at the time of the effectivity of this Act.
6) LA over Doney Clai$s! ,A );A6! %e . ';

A T. 46. "isitorial Po#er. - The Secretary of "abor or his duly authori(ed representatives

S#C. -7. ='+#I C"A!=S. &otwithstanding any provision of law to the contrary, the "abor Arbiters of the +ational "abor elations Commission ,+" C1 shall have the priginal and e*clusive jurisdiction to hear and decide, within ninety ,871 calendar days after filing of the complaint, the claims
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arising out of an employer-employee relationship or by virtue of any law or contract involving Cilipino wor)ers for overseas deployment including claims for actual, moral, e*emplary and other forms of damages. The liability of the principalHemployer and the recruitmentHplacement agency for any and all claims under this section shall be joint and several. This provisions shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to be filed by the recruitmentHplacement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the wor)ers. !f the recruitmentHplacement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution, amendment or modification made locally or in a foreign country of the said contract. Any compromiseHamicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within four ,01 months from the approval of the settlement by the appropriate authority. !n case of termination of overseas employment without just, valid or authori(ed cause as defined by law or contract, the wor)ers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent ,-.K1 per annum, plus his salaries for the une*pired portion of his employment contract or for three ,41 months for every year of the une*pired term, whichever is less. +on-compliance with the mandatory periods for resolutions of cases provided under this section shall subject the responsible officials to any or all of the following penalties; ,a1 The salary of any such official who fails to render his decision or resolutions within the prescribed period shall be, or caused to be, withheld until the said official complies therewith< ,b1 Suspension for not more than ninety ,871 days< or ,c1 2ismissal from the service with disqualifications to hold any appointive public office for five ,/1 years. 5rovided, however, that the penalties herein provided shall be without prejudice to any liability which any such official may have incurred under other

e*isting laws or rules and regulations as a consequence of violating the provisions of this paragraph.
>) P/EA over Ad$inistrative Cases a) Pre0e$ploy$ent Cases! /$ni#us rules +$pl. ,A 9o. );A6! %e . 6) (a)

Sec. 28. C/ri&3iction o' t0e #!EA. % T0e #!EA &0477 e;erci&e ori9in47 4n3 e;c7/&i.e </ri&3iction to 0e4r 4n3 3eci3e: (4) 477 c4&e&, 20ic0 4re 436ini&tr4ti.e in c04r4cter, in.o7.in9 or 4ri&in9 o/t o' .io74tion& o' r/7e& 4n3 re9/74tion& re74tin9 to 7icen&in9 4n3 re9i&tr4tion o' recr/it6ent 4n3 e617o-6ent 49encie& or entitie&> 4n3
#) Dis iplinary Cases! %e . 6) (#)

(5) 3i&ci17in4r- 4ction c4&e& 4n3 ot0er &1eci47 c4&e&, 20ic0 4re 436ini&tr4ti.e in c04r4cter, in.o7.in9 e617o-er&, 1rinci147&, contr4ctin9 14rtner& 4n3 *i7i1ino 6i9r4nt 2or8er&.
>. Pu#li %e tor Agen ies M E$ploy$ent /ffi es! Art. '6 (f)< 'A (a)< %e . >! ,eorganizing P/EA (E/ 9o. 6A*)< P/EA ,ules

A T. -.. +tatement of ob,ectives. - !t is the policy of the State; f1 To strengthen the networ) of public employment offices and rationali(e the participation of the private sector in the recruitment and placement of wor)ers, locally and overseas, to serve national development objectives< A T. -0. )mployment promotion. - The Secretary of "abor shall have the power and authority; ,a1 To organi(e and establish new employment offices in addition to the e*isting employment offices under the 2epartment of "abor as the need arises< #' +o. .06, Sec. 4. Po#ers and 1unctions. * !n the pursuit of its mandate, the Administration shall have the following powers and functions; ,a1 egulate private sector participation in the recruitment and overseas placement of wor)ers by setting up a licensing and registration system< ,b1 Cormulate and implement, in coordination with appropriate entities concerned, when necessary, a system for promoting and monitoring the overseas employment of Cilipino wor)ers ta)ing into consideration their welfare and the domestic manpower requirements< ,c1 5rotect the rights of Cilipino wor)ers for overseas employment to fair and equitable recruitment and employment practices and ensure their welfare< ,d1 #*ercise original and e*clusive
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jurisdiction to hear and decide all claims arising out of an employer-employee relationship or by virtue of any law or contract involving Cilipino wor)ers for overseas employment including the disciplinary cases< and all preemployment cases which are administrative in character involving or arising out of violation or requirement laws, rules and regulations including money claims arising therefrom, or violation of the conditions for issuance of license or authority to recruit wor)ers. All prohibited recruitment activities and practices which are penal in character as enumerated and defined under and by virtue of e*isting laws, shall be prosecuted in the regular courts in close coordination with the appropriate 2epartments and agencies concerned< ,e1 =aintain a registry of s)ills for overseas placement< ,f1 ecruit and place wor)ers to service the requirements for trained and competent Cilipino wor)ers by foreign governments and their instrumentalities and such other employers as public interest may require< ,g1 5romote the development of s)ills and careful selection of Cilipino wor)ers< ,h1 Bnderta)e overseas mar)et development activities for placement of Cilipino wor)ers< ,i1 Secure the best terms and conditions of employment of Cilipino contract wor)ers and ensure compliance therewith< ,j1 5romote and protect the well-being of Cilipino wor)ers overseas< ,)1 2evelop and implement programs for the effective monitoring of returning contract wor)ers, promoting their retraining and re-employment or their smooth re-integration into the mainstream of national economy in coordination with other government agencies< ,l1 !nstitute a system for ensuring fair and speedy disposition of cases involving violation or recruitment rules and regulations as well as violation of terms and conditions of overseas employment< ,m1 #stablish a system for speedy and efficient enforcement of decisions laid down through the e*ercise of its adjudicatory function< ,n1 #stablish and maintain close relationship and enter into joint projects

with the 2epartment of Coreign Affairs, 5hilippine Tourism Authority, =anila !nternational Airport Authority, 2epartment of @ustice, 2epartment of &udget and =anagement and other relevant government entities, in the pursuit of its objectives. The Administration shall also establish and maintain joint projects with private organi(ations, domestic or foreign, in the furtherance of its objectives.
A. %an tions! Arts. >@! >( (a) (#) ( ) (d) (e)< ,A );A6! %e s. B ! *! ';

A T. 4/. +uspension and2or cancellation of license or authority. - The =inister of "abor shall have the power to suspend or cancel any license or authority to recruit employees for overseas employment for violation of rules and regulations issued by the =inistry of "abor, the 'verseas #mployment 2evelopment &oard, or for violation of the provisions of this and other applicable laws, :eneral 'rders and "etters of !nstructions.

A T. 48. Penalties. - ,a1 The penalty of life imprisonment and a fine of 'ne 9undred Thousand 5esos ,5-777,777.771 shall be imposed if illegal recruitment constitutes economic sabotage as defined herein< ,b1 Any licensee or holder of authority found violating or causing another to violate any provision of this Title or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than two years nor more than five years or a fine of not less than 5-7,777 nor more than 5/7,777, or both such imprisonment and fine, at the discretion of the court< ,c1 Any person who is neither a licensee nor a holder of authority under this Title found violating any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine of not less than 5.7,777 nor more than 5-77,777 or both such imprisonment and fine, at the discretion of the court< ,d1 !f the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation< and if such officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings< ,e1 !n every case, conviction shall cause and carry the automatic revocation of the license or authority and all the permits and privileges granted to such person or entity under this Title, and the forfeiture of the cash and
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surety bonds in favor of the 'verseas #mployment 2evelopment &oard or the +ational Seamen &oard, as the case may be, both of which are authori(ed to use the same e*clusively to promote their objectives.
a. Lo al E$ploy$ent! Art. >( (%EE AB/:E)

of actual signing thereof by the parties up to and including the period of the e*piration of the same without the approval of the 2epartment of "abor and #mployment< ,j1 Cor an officer or agent of a recruitment or placement agency to become an officer or member of the &oard of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency< ,)1 To withhold or deny travel documents from applicant wor)ers before departure for monetary or financial considerations other than those authori(ed under the "abor Code and its implementing rules and regulations< ,l1 Cailure to actually deploy without valid reasons as determined by the 2epartment of "abor and #mployment< and ,m1 Cailure to reimburse e*penses incurred by the wor)ers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually ta)e place without the wor)erJs fault. !llegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage. !llegal recruitment is deemed committed by a syndicate carried out by a group of three ,41 or more persons conspiring or confederating with one another. !t is deemed committed in large scale if committed against three ,41 or more persons individually or as a group. The persons criminally liable for the above offenses are the principals, accomplices and accessories. !n case of juridical persons, the officers having control, management or direction of their business shall be liable. S#C. 6. 5#+A"T!#S ,a1 Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than si* ,31 years and one ,-1 day but not more than twelve ,-.1 years and a fine not less than two hundred thousand pesos ,5.77,777.771 nor more than five hundred thousand pesos ,5/77,777.771. ,b1 The penalty of life imprisonment and a fine of not less than five hundred thousand pesos ,5/77,777.771 nor more than one million pesos ,5-,777,777.771 shall be imposed if illegal recruitment constitutes economic sabotage as defined herein. 5rovided, however, that the ma*imum penalty shall be imposed if the person illegally recruited is less than eighteen ,->1 years of age or committed by a nonlicensee or non-holder of authority. S#C. -7. ='+#I C"A!=S. - +otwithstanding any provision of law to the contrary, the "abor Arbiters of the +ational "abor elations Commission ,+" C1 shall have the priginal and e*clusive jurisdiction to hear and decide, within ninety ,871 calendar days after filing of the complaint, the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Cilipino wor)ers for overseas deployment including claims for actual, moral, e*emplary and other forms of damages. The liability of the principalHemployer and the recruitmentHplacement agency for any and all claims under this section shall be joint and several. This provisions shall be incorporated in the contract
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b.

/verseas E$ploy$ent! Art. >@< ,A );A6! %e . * (%EE AB/:E K/, A,". >@)

Sec. 3. 2#C!+!T!'+S. - Cor purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utili(ing, hiring, procuring wor)ers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when underta)en by a non-license or non-holder of authority contemplated under Article -4,f1 of 5residential 2ecree +o. 00., as amended, otherwise )nown as the "abor Code of the 5hilippines. 5rovided, that such non-license or nonholder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. !t shall li)ewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority. ,a1 To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of "abor and #mployment, or to ma)e a wor)er pay any amount greater than that actually received by him as a loan or advance< ,b1 To furnish or publish any false notice or information or document in relation to recruitment or employment< ,c1 To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the "abor Code< ,d1 To induce or attempt to induce a wor)er already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a wor)er from oppressive terms and conditions of employment< ,e1 To influence or attempt to influence any persons or entity not to employ any wor)er who has not applied for employment through his agency< ,f1 To engage in the recruitment of placement of wor)ers in jobs harmful to public health or morality or to dignity of the epublic of the 5hilippines< ,g1 To obstruct or attempt to obstruct inspection by the Secretary of "abor and #mployment or by his duly authori(ed representative< ,h1 To fail to submit reports on the status of employment, placement vacancies, remittances of foreign e*change earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of "abor and #mployment< ,i1 To substitute or alter to the prejudice of the wor)er, employment contracts approved and verified by the 2epartment of "abor and #mployment from the time

for overseas employment and shall be a condition precedent for its approval. The performance bond to be filed by the recruitmentHplacement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the wor)ers. !f the recruitmentHplacement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution, amendment or modification made locally or in a foreign country of the said contract. Any compromiseHamicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within four ,01 months from the approval of the settlement by the appropriate authority. !n case of termination of overseas employment without just, valid or authori(ed cause as defined by law or contract, the wor)ers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent ,-.K1 per annum, plus his salaries for the une*pired portion of his employment contract or for three ,41 months for every year of the une*pired term, whichever is less. +on-compliance with the mandatory periods for resolutions of cases provided under this section shall subject the responsible officials to any or all of the following penalties; ,a1 The salary of any such official who fails to render his decision or resolutions within the prescribed period shall be, or caused to be, withheld until the said official complies therewith< ,b1 Suspension for not more than ninety ,871 days< or ,c1 2ismissal from the service with disqualifications to hold any appointive public office for five ,/1 years. 5rovided, however, that the penalties herein provided shall be without prejudice to any liability which any such official may have incurred under other e*isting laws or rules and regulations as a consequence of violating the provisions of this paragraph.
@. +ssues E$ploy$ent and Luestions on /verseas

B.

"raffi 3ing in Persons! ,A (6;) and ,ules and ,egulations +$ple$enting ,A (6;)

Re1/57ic o' t0e #0i7i11ine& Con9re&& o' t0e #0i7i11ine& =etro =anila T2e7't0 Con9re&& Secon3 Re9/74r Se&&ion

&egun held in =etro =anila on =onday, the twenty-second day of @uly, two thousand two Re1/57ic Act No. 9208 $4- 26, 2003

AN ACT T! INSTIT"TE #!(ICIES T! E(I$INATE TRA**ICEIN) IN #ERS!NS ES#ECIA((D A!$EN AN C+I( REN, ESTA,(IS+IN) T+E NECESSARD INSTIT"TI!NA( $EC+ANIS$S *!R T+E #R!TECTI!N AN S"##!RT !* TRA**ICEE #ERS!NS, #R!@I IN) #ENA(TIES *!R ITS @I!(ATI!NS, AN *!R !T+ER .e it enacted by the +enate and the 5ouse of Representatives of the Philippines in Congress assembled; Section 1. Title. This Act shall be )nown as the FAnti%Tr4''ic8in9 in #er&on& Act o' 2003F. Section 2. Declaration of Policy. !t is hereby declared that the State values the dignity of every human person and guarantees the respect of individual rights. !n pursuit of this policy, the State shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and e*ploitation, eliminate traffic)ing in persons, and mitigate pressures for involuntary migration and
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,eadings8

%oriano! Da. "eresa D.! Implications of International Migration, A Focus on the Philippine Experience! PL,! :ol 6;. 9o. 6 ('((B) Qing! A$elia D.! Social and Economic Benefits and Costs! PL,! :ol. (! 9o. ' ('()@). Li uanan! Patri ia B. Katas ng Saudi, a closer loo3. PL, :ol. (! 9o. ' ('()@).

servitude of persons, not only to support traffic)ed persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society. !t shall be a State policy to recogni(e the equal rights and inherent human dignity of women and men as enshrined in the Bnited +ations Bniversal 2eclaration on 9uman ights, Bnited +ations Convention on the ights of the Child, Bnited +ations Convention on the 5rotection of =igrant Aor)ers and their Camilies. Bnited +ations Convention Against Transnational 'rgani(ed Crime !ncluding its 5rotocol to 5revent, Suppress and 5unish Traffic)ing in 5ersons, #specially Aomen and Children and all other relevant and universally accepted human rights instruments and other international conventions to which the 5hilippines is a signatory. Section 3. Definition of Terms. - As used in this Act; ,a1 Traffic-ing in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victimJs consent or )nowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, ta)ing advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of e*ploitation which includes at a minimum, the e*ploitation or the prostitution of others or other forms of se*ual e*ploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of e*ploitation shall also be considered as Mtraffic)ing in personsM even if it does not involve any of the means set forth in the preceding paragraph. ,b1 Child - refers to a person below eighteen ,->1 years of age or one who is over eighteen ,->1 but is unable to fully ta)e care of or protect himselfHherself from abuse, neglect, cruelty, e*ploitation, or discrimination because of a physical or mental disability or condition.

,c1 Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another, for se*ual intercourse or lascivious conduct in e*change for money, profit or any other consideration. ,d1 1orced Labor and +lavery - refer to the e*traction of wor) or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception. ,e1 +e4 Tourism - refers to a program organi(ed by travel and tourism-related establishments and individuals which consists of tourism pac)ages or activities, utili(ing and offering escort and se*ual services as enticement for tourists. This includes se*ual services and practices offered during rest and recreation periods for members of the military. ,f1 +e4ual )4ploitation - refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victimJs vulnerability. ,g1 Debt .ondage - refers to the pledging by the debtor of hisHher personal services or labor or those of a person under hisHher control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt. ,h1 Pornography - refers to any representation, through publication, e*hibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated e*plicit se*ual activities or any representation of the se*ual parts of a person for primarily se*ual purposes. ,i1 Council - shall mean the !nter-Agency Council Against Traffic)ing created under Section .7 of this Act.

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Section 4. Acts of Traffic-ing in Persons. - !t shall be unlawful for any person, natural or juridical, to commit any of the following acts; ,a1 To recruit, transport, transfer< harbor, provide, or receive a person by any means, including those done under the prete*t of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,b1 To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under epublic Act +o. 38//, any Cilipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading himHher to engage in prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,c1 To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, se*ual e*ploitation, forced labor or slavery, involuntary servitude or debt bondage< ,d1 To underta)e or organi(e tours and travel plans consisting of tourism pac)ages or activities for the purpose of utili(ing and offering persons for prostitution, pornography or se*ual e*ploitation< ,e1 To maintain or hire a person to engage in prostitution or pornography< ,f1 To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,g1 To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person< and ,h1 To recruit, transport or adopt a child to engage in armed activities in the 5hilippines or abroad.

Section 5. Acts that Promote Traffic-ing in Persons. - The following acts which promote or facilitate traffic)ing in persons, shall be unlawful; ,a1 To )nowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting traffic)ing in persons< ,b1 To produce, print and issue or distribute unissued, tampered or fa)e counseling certificates, registration stic)ers and certificates of any government agency which issues these certificates and stic)ers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting traffic)ing in persons< ,c1 To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes traffic)ing in persons< ,d1 To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary e*it documents from government agencies that are mandated to provide predeparture registration and services for departing persons for the purpose of promoting traffic)ing in persons< ,e1 To facilitate, assist or help in the e*it and entry of persons fromHto the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting traffic)ing in persons< ,f1 To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of traffic)ed persons in furtherance of traffic)ing or to prevent them from leaving the country or see)ing redress from the government or appropriate agencies< and ,g1 To )nowingly benefit from, financial or otherwise, or ma)e use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.
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Section 6. 6ualified Traffic-ing in Persons. The following are considered as qualified traffic)ing; ,a1 Ahen the traffic)ed person is a child< ,b1 Ahen the adoption is effected through epublic Act +o. >704, otherwise )nown as the M!nter-Country Adoption Act of -88/M and said adoption is for the purpose of prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,c1 Ahen the crime is committed by a syndicate, or in large scale. Traffic)ing is deemed committed by a syndicate if carried out by a group of three ,41 or more persons conspiring or confederating with one another. !t is deemed committed in large scale if committed against three ,41 or more persons, individually or as a group< ,d1 Ahen the offender is an ascendant, parent, sibling, guardian or a person who e*ercises authority over the traffic)ed person or when the offense is committed by a public officer or employee< ,e1 Ahen the traffic)ed person is recruited to engage in prostitution with any member of the military or law enforcement agencies< ,f1 Ahen the offender is a member of the military or law enforcement agencies< and ,g1 Ahen by reason or on occasion of the act of traffic)ing in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with 9uman !mmunodeficiency Dirus ,9!D1 or the Acquired !mmune 2eficiency Syndrome ,A!2S1. Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recogni(e the right to privacy of the traffic)ed person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of

the traffic)ed person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public. !n cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utili(ing tri-media facilities or information technology to cause publicity of any case of traffic)ing in persons. Section 8. Prosecution of Cases. - Any person who has personal )nowledge of the commission of any offense under this Act, the traffic)ed person, the parents, spouse, siblings, children or legal guardian may file a complaint for traffic)ing. Section 9. "enue. - A criminal action arising from violation of this Act shall be filed where the offense was committed, or where any of its elements occurred, or where the traffic)ed person actually resides at the time of the commission of the offense; Provided, That the court where the criminal action is first filed shall acquire jurisdiction to the e*clusion of other courts. Section 10. Penalties and +anctions. - The following penalties and sanctions are hereby established for the offenses enumerated in this Act; ,a1 Any person found guilty of committing any of the acts enumerated in Section 0 shall suffer the penalty of imprisonment of twenty ,.71 years and a fine of not less than 'ne million pesos ,5-,777,777.771 but not more than Two million pesos ,5.,777,777.771< ,b1 Any person found guilty of committing any of the acts enumerated in Section / shall suffer the penalty of imprisonment of fifteen ,-/1 years and a fine of not less than Cive hundred thousand pesos ,5/77,777.771 but not more than 'ne million pesos ,5-,777,777.771< ,c1 Any person found guilty of qualified traffic)ing under Section 3 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos ,5.,777,777.771 but not more than Cive million pesos ,5/,777,777.771< ,d1 Any person who violates Section 6 hereof shall suffer the penalty of
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imprisonment of si* ,31 years and a fine of not less than Cive hundred thousand pesos ,5/77,777.771 but not more than 'ne million pesos ,5-,777,777.771< ,e1 !f the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, andHor any responsible officer who participated in the commission of the crime or who shall have )nowingly permitted or failed to prevent its commission< ,f1 The registration with the Securities and #*change Commission ,S#C1 and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revo)ed permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name< ,g1 !f the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country< ,h1 Any employee or official of government agencies who shall issue or approve the issuance of travel e*it clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. 9isHher retirement and other benefits shall li)ewise be forfeited< and ,i1 Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption. Section 11. 3se of Traffic-ed Persons. - Any person who buys or engages the services of

traffic)ed persons for prostitution shall be penali(ed as follows; ,a1 Cirst offense - si* ,31 months of community service as may be determined by the court and a fine of Cifty thousand pesos ,5/7,777.771< and ,b1 Second and subsequent offenses imprisonment of one ,-1 year and a fine of 'ne hundred thousand pesos ,5-77,777.771. Section 12. Prescriptive Period. - Traffic)ing cases under this Act shall prescribe in ten ,-71 years; Provided$ ho#ever$ That traffic)ing cases committed by a syndicate or in a large scale as defined under Section 3 shall prescribe in twenty ,.71 years. The prescriptive period shall commence to run from the day on which the traffic)ed person is delivered or released from the conditions of bondage and shall be interrupted by the filing of the complaint or information and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused. Section 13. )4emption from 1iling 1ees. - Ahen the traffic)ed person institutes a separate civil action for the recovery of civil damages, heHshe shall be e*empt from the payment of filing fees. Section 14. Confiscation and 1orfeiture of the Proceeds and (nstruments Derived from Traffic-ing in Persons. - !n addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the commission of the crime, unless they are the property of a third person not liable for the unlawful act< Provided$ ho#ever$ That all awards for damages shall be ta)en from the personal and separate properties of the offender< Provided$ further$ That if such properties are insufficient, the balance shall be ta)en from the confiscated and forfeited properties. Ahen the proceeds, properties and instruments of the offense have been destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, property or instruments of the offense.

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Section 15. Trust 1und. - All fines imposed under this Act and the proceeds and properties forfeited and confiscated pursuant to Section -0 hereof shall accrue to a Trust Cund to be administered and managed by the Council to be used e*clusively for programs that will prevent acts of traffic)ing and protect, rehabilitate, reintegrate traffic)ed persons into the mainstream of society. Such programs shall include, but not limited to, the following; ,a1 5rovision for mandatory services set forth in Section .4 of this Act< ,b1 Sponsorship of a national research program on traffic)ing and establishment of a data collection system for monitoring and evaluation purposes< ,c1 5rovision of necessary technical and material support services to appropriate government agencies and nongovernment organi(ations ,+:'s1< ,d1 Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the academe, government, +:'s and international organi(ations< and ,e1 5romotion of information and education campaign on traffic)ing. Section 16. Programs that Address Traffic-ing in Persons. - The government shall establish and implement preventive, protective and rehabilitative programs for traffic)ed persons. Cor this purpose, the following agencies are hereby mandated to implement the following programs< ,a1 2epartment of Coreign Affairs ,2CA1 - shall ma)e available its resources and facilities overseas for traffic)ed persons regardless of their manner of entry to the receiving country, and e*plore means to further enhance its assistance in eliminating traffic)ing activities through closer networ)ing with government agencies in the country and overseas, particularly in the formulation of policies and implementation of relevant programs. The 2CA shall ta)e necessary measures for the efficient implementation of the =achine eadable 5assports to protect the integrity of 5hilippine passports, visas and other travel documents to reduce the incidence of traffic)ing through the use of fraudulent identification documents.

!t shall establish and implement a premarriage, on-site and pre-departure counseling program on intermarriages. ,b1 2epartment of Social Aelfare and 2evelopment ,2SA21 - shall implement rehabilitative and protective programs for traffic)ed persons. !t shall provide counseling and temporary shelter to traffic)ed persons and develop a system for accreditation among +:'s for purposes of establishing centers and programs for intervention in various levels of the community. ,c1 2epartment of "abor and #mployment ,2'"#1 - shall ensure the strict implementation and compliance with the rules and guidelines relative to the employment of persons locally and overseas. !t shall li)ewise monitor, document and report cases of traffic)ing in persons involving employers and labor recruiters. ,d1 2epartment of @ustice ,2'@1 - shall ensure the prosecution of persons accused of traffic)ing and designate and train special prosecutors who shall handle and prosecute cases of traffic)ing. !t shall also establish a mechanism for free legal assistance for traffic)ed persons, in coordination with the 2SA2, !ntegrated &ar of the 5hilippines ,!&51 and other +:'s and volunteer groups. ,e1 +ational Commission on the ole of Cilipino Aomen ,+C CA1 - shall actively participate and coordinate in the formulation and monitoring of policies addressing the issue of traffic)ing in persons in coordination with relevant government agencies. !t shall li)ewise advocate for the inclusion of the issue of traffic)ing in persons in both its local and international advocacy for womenJs issues. ,f1 &ureau of !mmigration ,&!1 - shall strictly administer and enforce immigration and alien administration laws. !t shall adopt measures for the apprehension of suspected traffic)ers both at the place of arrival and departure and shall ensure compliance by the Cilipino fiancNsHfiancNes and spouses of foreign nationals with the guidance and counseling requirement as provided for in this Act. ,g1 5hilippine +ational 5olice ,5+51 shall be the primary law enforcement
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agency to underta)e surveillance, investigation and arrest of individuals or persons suspected to be engaged in traffic)ing. !t shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffic)ers. !t shall also establish a system to receive complaints and calls to assist traffic)ed persons and conduct rescue operations. ,h1 5hilippine 'verseas #mployment Administration ,5'#A1 - shall implement an effective pre-employment orientation seminars and pre-departure counseling programs to applicants for overseas employment. !t shall li)ewise formulate a system of providing free legal assistance to traffic)ed persons. ,i1 2epartment of the !nterior and "ocal :overnment ,2!":1 - shall institute a systematic information and prevention campaign and li)ewise maintain a databan) for the effective monitoring, documentation and prosecution of cases on traffic)ing in persons. ,j1 "ocal government units ,":Bs1 - shall monitor and document cases of traffic)ing in persons in their areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of this Act and ensure effective prosecution of such cases. They shall also underta)e an information campaign against traffic)ing in persons through the establishment of the =igrants Advisory and !nformation +etwor) ,=A!+1 des)s in municipalities or provinces in coordination with 2!":, 5hilippine !nformation Agency ,5!A1, Commission on Cilipinos 'verseas ,CC'1, +:'s and other concerned agencies. They shall encourage and support community based initiatives which address the traffic)ing in persons. !n implementing this Act, the agencies concerned may see) and enlist the assistance of +:'s, peopleJs organi(ations ,5os1, civic organi(ations and other volunteer groups. Section 17. Legal Protection to Traffic-ed Persons. - Traffic)ed persons shall be recogni(ed as victims of the act or acts of traffic)ing and as such shall not be penali(ed for crimes directly related to the acts of traffic)ing enumerated in this Act or in obedience to the order made by the traffic)er in relation thereto. !n this regard, the consent of a traffic)ed person

to the intended e*ploitation set forth in this Act shall be irrelevant. Section 18. Preferential )ntitlement 3nder the %itness Protection Program. - Any provision of epublic Act +o. 38>- to the contrary notwithstanding, any traffic)ed person shall be entitled to the witness protection program provided therein. Section 19. Traffic-ed Persons %ho are 1oreign Nationals. - Subject to the guidelines issued by the Council, traffic)ed persons in the 5hilippines who are nationals of a foreign country shall also be entitled to appropriate protection, assistance and services available to traffic)ed persons under this Act; Provided, That they shall be permitted continued presence in the 5hilippines for a length of time prescribed by the Council as necessary to effect the prosecution of offenders. Section 20. (nter*Agency Council Against Traffic-ing. - There is hereby established an !nter-Agency Council Against Traffic)ing, to be composed of the Secretary of the 2epartment of @ustice as Chairperson and the Secretary of the 2epartment of Social Aelfare and 2evelopment as Co-Chairperson and shall have the following as members; ,a1 Secretary, 2epartment of Coreign Affairs< ,b1 Secretary, 2epartment of "abor and #mployment< ,c1 Administrator, 5hilippine 'verseas #mployment Administration< ,d1 Commissioner, &ureau of !mmigration< ,e1 2irector-:eneral, 5hilippine +ational 5olice< ,f1 Chairperson, +ational Commission on the ole of Cilipino Aomen< and ,g1 Three ,41 representatives from +:'s, who shall be composed of one ,-1 representative each from among the sectors representing women, overseas Cilipino wor)ers ,'CAs1 and children, with a proven record of involvement in the prevention and suppression of traffic)ing in persons. These representatives shall be nominated by the government agency representatives of the Council, for appointment by the 5resident for a term of three ,41 years.
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The members of the Council may designate their permanent representatives who shall have a ran) not lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be determined by the Council in accordance with e*isting budget and accounting, rules and regulations. Section 21. 1unctions of the Council. - The Council shall have the following powers and functions; ,a1 Cormulate a comprehensive and integrated program to prevent and suppress the traffic)ing in persons< ,b1 5romulgate rules and regulations as may be necessary for the effective implementation of this Act< ,c1 =onitor and oversee the strict implementation of this Act< ,d1 Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to traffic)ing in persons< ,e1 Coordinate the conduct of massive information dissemination and campaign on the e*istence of the law and the various issues and problems attendant to traffic)ing through the ":Bs, concerned agencies, and +:'s< ,f1 2irect other agencies to immediately respond to the problems brought to their attention and report to the Council on action ta)en< ,g1 Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of this Act< ,h1 Cormulate a program for the reintegration of traffic)ed persons in cooperation with 2'"#, 2SA2, Technical #ducation and S)ills 2evelopment Authority ,T#S2A1, Commission on 9igher #ducation ,C9#21, ":Bs and +:'s< ,i1 Secure from any department, bureau, office, agency, or instrumentality of the government or from +:'s and other civic organi(ations such assistance as may be needed to effectively implement this Act<

,j1 Complement the shared government information system for migration established under epublic Act +o. >70., otherwise )nown as the M=igrant Aor)ers and 'verseas Cilipinos Act of -88/M with data on cases of traffic)ing in persons, and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme of traffic)ing in persons which shall form the basis for policy formulation and program direction< ,)1 2evelop the mechanism to ensure the timely, coordinated, and effective response to cases of traffic)ing in persons< ,l1 ecommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral andHor multilateral arrangements to prevent and suppress international traffic)ing in persons< ,m1 Coordinate with the 2epartment of Transportation and Communications ,2'TC1, 2epartment of Trade and !ndustry ,2T!1, and other +:'s in monitoring the promotion of advertisement of traffic)ing in the internet< ,n1 Adopt measures and policies to protect the rights and needs of traffic)ed persons who are foreign nationals in the 5hilippines< ,o1 !nitiate training programs in identifying and providing the necessary intervention or assistance to traffic)ed persons< and ,p1 #*ercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act. Section 22. +ecretariat to the Council. - The 2epartment of @ustice shall establish the necessary Secretariat for the Council. Section 23. 'andatory +ervices to Traffic-ed Persons. - To ensure recovery, rehabilitation and reintegration into the mainstream of society, concerned government agencies shall ma)e available the following services to traffic)ed persons; ,a1 #mergency shelter or appropriate housing< ,b1 Counseling<
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,c1 Cree legal services which shall include information about the victimsJ rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the traffic)ed person< ,d1 =edical or psychological services< ,e1 "ivelihood and s)ills training< and ,f1 #ducational assistance to a traffic)ed child. Sustained supervision and follow through mechanism that will trac) the progress of recovery, rehabilitation and reintegration of the traffic)ed persons shall be adopted and carried out. Section 24. &ther +ervices for Traffic-ed Persons. ,a1 Legal Assistance. - Traffic)ed persons shall be considered under the category M'verseas Cilipino in 2istressM and may avail of the legal assistance created by epublic Act +o. >70., subject to the guidelines as provided by law. ,b1 &verseas 1ilipino Resource Centers. - The services available to overseas Cilipinos as provided for by epublic Act +o. >70. shall also be e*tended to traffic)ed persons regardless of their immigration status in the host country. ,c1 The Country Team Approach. - The country team approach under #*ecutive 'rder +o. 60 of -884, shall be the operational scheme under which 5hilippine embassies abroad shall provide protection to traffic)ed persons insofar as the promotion of their welfare, dignity and fundamental rights are concerned. Section 25. Repatriation of Traffic-ed Persons. * The 2CA, in coordination with 2'"# and other appropriate agencies, shall have the primary responsibility for the repatriation of traffic)ed persons, regardless of whether they are documented or undocumented. !f, however, the repatriation of the traffic)ed persons shall e*pose the victims to greater ris)s, the 2CA shall ma)e representation with the host government for the e*tension of appropriate residency permits and protection, as may be legally permissible in the host country.

Section 26. )4tradition. * The 2'@, in consultation with 2CA, shall endeavor to include offenses of traffic)ing in persons among e*traditable offenses. Section 27. Reporting Re0uirements. * The Council shall submit to the 5resident of the 5hilippines and to Congress an annual report of the policies, programs and activities relative to the implementation of this Act. Section 28. 1unding. * The heads of the departments and agencies concerned shall immediately include in their programs and issue such rules and regulations to implement the provisions of this Act, the funding of which shall be included in the annual :eneral Appropriations Act. Section 29. (mplementing Rules and Regulations. * The Council shall promulgate the necessary implementing rules and regulations within si*ty ,371 days from the effectivity of this Act. Section 30. Non*restriction of 1reedom of +peech and of Association$ Religion and the Right to Travel. * +othing in this Act shall be interpreted as a restriction of the freedom of speech and of association, religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution. Section 31. +eparability Clause. * !f, for any reason, any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby. Section 32. Repealing clause. * All laws, presidential decrees, e*ecutive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly; Provided, That this Act shall not in any way amend or repeal the provision of epublic Act +o. 63-7, otherwise )nown as the MSpecial 5rotection of Children Against Child Abuse, #*ploitation and 2iscrimination ActM. Section 33. )ffectivity. * This Act shall ta)e effect fifteen ,-/1 days from the date of its complete publication in at least two ,.1 newspapers of general circulation.

R"(ES AN RE)"(ATI!NS I$#(E$ENTIN) RE#",(IC ACT N!. 9208, !T+ERAISE EN!AN AS T+E GANTI%TRA**ICEIN) IN #ERS!NS ACT !* 2003H
5ursuant to the authority of the !nter-Agency Council Against Traffic)ing ,!ACAT1 under
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Section .8 of epublic Act +o. 8.7> otherwise )nown as the FAnti-Traffic)ing in 5ersons Act of .774G, the following rules and regulations are hereby promulgated to implement the provisions of said Act; Artic7e I )ENERA( #R!@ISI!NS Sec. -. Title. These rules and regulations shall be )nown and cited as FThe ules and egulations !mplementing the Anti-Traffic)ing in 5ersons Act of .774G. Sec. .. urpose. These rules and regulations are hereby promulgated to institute policies, establish the institutional mechanism for the support and protection of traffic)ed persons and prescribe the procedures and guidelines for the implementation of epublic Act +o. 8.7> in order to facilitate compliance therewith and achieve the objectives thereof. Sec. 4. Declaration of !tate olicy. The State values the dignity of every human person and guarantees the respect for individual rights. Towards this end, the State shall give the highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and e*ploitation, eliminate traffic)ing in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support traffic)ed persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society. The State also recogni(es the equal rights and inherent human dignity of women and men, as well as the rights of children, as enshrined and guaranteed in the following international instruments; ,i1 Bniversal 2eclaration on 9uman ights< ,ii1 Convention for the Suppression of the Traffic in 5ersons and #*ploitation of the 5rostitution of 'thers< ,iii1 Convention on the #limination of All Corms of 2iscrimination Against Aomen< ,iv1 Convention on the ights of the Child and its'ptional 5rotocols< ,v1 Convention on the 5rotection of =igrant Aor)ers and =embers of their Camilies< ,vi1 Convention Against Transnational 'rgani(edCrimes including its 5rotocol to 5revent,Suppress and 5unish Traffic)ing in 5ersons, #specially Aomen and Children< ,vii1 !"' Convention +o. ->. ,Convention Concerning the 5rohibition and !mmediate Action for

,viii1

the #limination of the Aorst Corms of Child "abor1< and All other relevant and universally accepted human rights instruments and other international conventions to which the 5hilippines is a State 5arty. !n all actions concerning children, their best interests shall be the paramount consideration.

Sec. 0. Construction. These rules and regulations shall be liberally construed in favor of the traffic)ed persons to promote their human dignity< ensure their recovery, rehabilitation and reintegration into the mainstream of society< eliminate traffic)ing in persons< and achieve the objectives of the Act. Artic7e II E*INITI!N !* TER$S Sec. /. Definition of Terms. As used in these rules and regulations, unless the conte*t otherwise requires, the following terms shall be understood to mean; ,a1 Act E refers to epublic Act +o. 8.7>, otherwise )nown as the FAnti-Traffic)ing in 5ersons Act of .774G< ,b1 Council E refers to the !nter-Agency Council Against Traffic)ing ,!ACAT1 created under Section .7 of the Act< ,c1 Traffic-ing in Persons E refers to the recruitment, transportation, transfer or harboring, or receipt of persons, with or without the victim?s consent or )nowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, ta)ing advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of e*ploitation which includes at a minimum, the e*ploitation or the prostitution of others or other forms of se*ual e*ploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of e*ploitation shall also be considered as Ftraffic)ing in personsG even if it does not involve any of the means set forth in the preceding paragraph. ,d1 Child E refers to a person below eighteen ,->1 years of age or one who is over eighteen ,->1 but is unable to fully ta)e care of or protect himselfHherself from abuse, neglect, cruelty,
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e*ploitation, or discrimination because of a physical or mental disability or condition< ,e1 Prostitution E refers to any act, transaction, scheme or design involving the use of a person by another, for se*ual intercourse or lascivious conduct in e*change for money, profit or any other consideration< ,f1 1orced Labor and +lavery E refer to the e*traction of wor) or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception< ,g1 +e4 Tourism E refers to a program organi(ed by travel and tourism-related establishments and individuals which consists of tourism pac)ages or activities, utili(ing and offering escort and se*ual services as enticement for tourists. This includes se*ual services and practices offered during rest and recreation periods for members of the military< ,h1 +e4ual )4ploitation E refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim?s vulnerability< ,i1 Debt .ondage E refers to the pledging by the debtor of hisHher personal services or labor or those of a person under hisHher control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt< ,j1 Pornography E refers to any representation, through publication, e*hibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated e*plicit se*ual activities or any representation of the se*ual parts of a person primarily for se*ual purposes< and ,)1 (nvoluntary +ervitude E refers to a condition of enforced, compulsory service induced by means of any scheme, plan or pattern, intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or other forms of abuse or physical restraint, or the abuse or threatened abuse of the legal process. Artic7e III T+E INTER%A)ENCD C!"NCI( A)AINST TRA**ICEIN) (IACAT)

Sec. 3. Creation. The !nter-Agency Council Against Traffic)ing ,!ACAT1 shall be established which shall be primarily tas)ed to coordinate, monitor and oversee the implementation of the Act. Sec. 6. Composition. The Council shall be composed of the following; ,a1 Secretary, 2epartment of @ustice ,2'@1 as Chairperson< ,b1 Secretary, 2epartment of Social Aelfare and 2evelopment ,2SA21 as Co-Chairperson< ,c1 Secretary, 2epartment of Coreign Affairs ,2CA1 as =ember< ,d1 Secretary, 2epartment of "abor and #mployment ,2'"#1 as =ember< ,e1 Administrator, 5hilippine 'verseas #mployment Administration ,5'#A1 as =ember< ,f1 Commissioner, &ureau of !mmigration ,&!1 as =ember< ,g1 2irector-:eneral, 5hilippine +ational 5olice ,5+51 as =ember< ,h1 Chairperson, +ational Commission on the ole of Cilipino Aomen ,+C CA1 as =ember< ,i1 'ne ,-1 representative from an +:' representingthe women sector as =ember< ,j1 'ne ,-1 representative from an +:' representing he 'verseas Cilipino Aor)ers ,'CAs1 sector as =ember< and ,)1 'ne ,-1 representative from an +:' representing he children sector as =ember. The members of the Council may designate their permanent representatives who shall have a ran) not lower than an Assistant Secretary or its equivalent to attend the meetings of the Council. Sec. >. *ualifications+ !election and Appointment of ,G- and its Representatives. The +:'s, with national and international networ)s, and its representatives to the Council must have a proven trac) record of involvement in the prevention and suppression of traffic)ing in persons. They shall be nominated by any of the government agency representatives of the Council and shall be selected by majority vote thereof and endorsed to the 5resident. They shall be appointed by the 5resident for a term of three ,41 years. Sec. 8. &unctions of the Council. The Council shall have the following powers and functions; ,a1 Cormulate a comprehensive and integrated program to prevent and suppress the traffic)ing in persons< ,b1 5romulgate rules and regulations as may be necessary for the effective implementation of the Act<
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,c1 =onitor and oversee the strict implementation of the Act< ,d1 Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to traffic)ing in persons< ,e1 Coordinate the conduct of massive information dissemination and campaign on the e*istence of the law and the various issues and problems attendant to traffic)ing through the local government units ,":Bs1, concerned agencies, and +:'s< ,f1 2irect other agencies to immediately respond to the problems brought to their attention and report to the Council on action ta)en< ,g1 Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of the Act< ,h1 Cormulate a program for the reintegration of traffic)ed persons in cooperation with 2'"#, 2SA2, Technical #ducation and S)ills 2evelopment Authority ,T#S2A1, Commission on 9igher #ducation ,C9#21, ":Bs and +:'s< ,i1 Secure from any department, bureau, office, agency, or instrumentality of the government or from +:'s and other civic organi(ations such assistance as may be needed to effectively implement the Act< ,j1 Complement the shared government information system for migration established under epublic Act +o. >70., otherwise )nown as the F=igrant Aor)ers and 'verseas Cilipinos Act of -88/G with data on cases of traffic)ing in persons, and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme of traffic)ing in persons which shall form the basis for policy formulation and program direction< ,)1 2evelop the mechanism to ensure the timely coordinated and effective response to cases of traffic)ing in persons< ,l1 ecommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral andHor multilateral arrangements to prevent and suppress international traffic)ing in persons< ,m1 Coordinate with the 2epartment of Transportation and Communications ,2'TC1, 2epartment of Trade and !ndustry ,2T!1, and other +:'s in monitoring the promotion of advertisement of traffic)ing in the !nternet< ,n1 Adopt measures and policies to protect the rights and needs of traffic)ed persons who are foreign nationals in the 5hilippines< ,o1 !nitiate training programs in identifying and roviding the necessary intervention or assistance to traffic)ed persons< and ,p1 #*ercise all the powers and perform such other functions necessary to attain the purposes and objectives of the Act.

Sec. -7. Reportorial &unction. Aithin si*ty ,371 days after the closing of each calendar year, the Council shall submit to the 'ffice of the 5resident a comprehensive report on the actions and programs ta)en by the Council relative to and concerning the implementation of the Act. Sec. --. .eetings of the Council. The Council shall meet regularly at least once a month. Special meetings may be called by the Chair as the need arises. =ajority of the members of the Council shall constitute a quorum to transact business. Sec. -.. /onoraria or "moluments. The =embers of the Council or their designated permanent representatives shall receive honoraria or emoluments as may be determined by the Council in accordance with e*isting budget and accounting rules and regulations. Sec. -4. 0mplementation of the 'a$ at !ub,ational and 'ocal 'evels. The Council shall, as far as practicable, develop mechanisms to ensure the implementation of the law and these rules and regulations at the sub-national and local levels Artic7e I@ SECRETARIAT S#C. -0. -rgani1ation. The 2epartment of @ustice shall establish a Secretariat to assist the Council in the performance of its functions. The Secretary of @ustice shall determine the organi(ational structure and staffing pattern of the Secretariat. Sec. -/. &unctions. The Secretariat shall have the following functions; ,a1 Coordinate and monitor, under the direction of the Council, the implementation of the policies and guidelines promulgated by the Council< ,b1 #stablish, maintain and manage a central database on traffic)ing in persons< ,c1 5rovide secretariat, records )eeping and other services to the Council< and ,d1 5erform such other functions as may be directed by the Council. Artic7e @ R!(ES AN RES#!NSI,I(ITIES

Sec. -3. Common Roles and Responsibilities of Council .ember Agencies. All member government agencies of the Council shall have the following common roles and responsibilities; ,a1 2evelop policies and programs supportive of and consistent with the objectives of the Act< ,b1 #nhance the capability of its officers and personnel involved in traffic)ing issues and
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concerns through appropriate training and staff support programs< ,c1 Bnderta)e information, education and advocacy campaigns against traffic)ing in persons< ,d1 =aintain a databan) on traffic)ing in persons to be shared among relevant agencies and complement the central databan) to be established by the Council< and ,e1 2ocument good practices as bases for policy formulation and program development. Sec. -6. !pecific Roles and Responsibilities of ,ational Government Agencies $hich are .embers of the Council. The following national government agencies, which are member agencies of the Council, shall have, but not limited to, the following roles and responsibilities in the prevention and suppression of traffic)ing in persons; ,a1 2epartment of @ustice ,2'@1 ,i1 #nsure the prosecution of persons for violations of the Act< ,ii1 2esignate and train special prosecutors who shall investigate and prosecute cases of traffic)ing< ,iii1 #stablish a mechanism for free legal assistance for traffic)ed persons, in coordination with the 2SA2, Commission on 9uman ights ,C9 1, !ntegrated &ar of the 5hilippines ,!&51 and other +:'s and volunteer groups< ,iv1 5rovide, witness protection to traffic)ed victims and their witnesses< ,v1 Conduct training and continuing education program on investigation and prosecution for traffic)ing in persons and other related offenses for prosecutors and law enforcement officers< ,vi1 eceive, evaluate, process and investigate claims for compensation by traffic)ed victims, when applicable, pursuant to epublic Act +o. 6478 ,Dictims Compensation Act1< ,vii1 eview and recommend policies and measures to enhance protection against traffic)ing in persons< ,viii1 ecommend the negotiation of mutual legal assistance and e*tradition treaties with other countries in coordination with the 2CA< and ,i*1 Coordinate with andHor provide assistance to the Anti-=oney "aundering Council ,A="C1 on cases of traffic)ing in persons with possible money laundering underpinnings. ,b1 2epartment of Social Aelfare and 2evelopment ,2SA21 ,i1 5rovide psycho-social counseling, temporary shelter and other support services to victimsHsurvivors of

traffic)ing and their families< ,ii1 =a)e available s)ills training and livelihood services to victimsHsurvivors of traffic)ing< ,iii1 2evelop program and other support interventions to facilitate the recovery and reintegration of traffic)ed victims into their families and communities< ,iv1 5rovide social welfare services to Cilipino victims of traffic)ing in other countries through the 2SA2 Social Aelfare AttachN and social wor)ers posted in foreign countries, which may include but not limited to stress management, repatriation and other appropriate psychosocial interventions for their protection and welfare< ,v1 Conduct technical assistance and capability building activities for social welfare officersHsocial wor)ers of ":Bs and +:'s< ,vi1 Accredit +:'s that provide programs and services to ensure that they meet the standards set by the 2epartment< and ,vii1 5rovide temporary shelter and psychosocial services to foreign nationals who are victims of traffic)ing in persons as confirmed by the &ureau of !mmigration. ,c1 2epartment of Coreign Affairs ,2CA1 ,i1 =a)e available its resources and facilities overseas and to provide services for traffic)ed persons regardless of the manner of their entry to the receiving country< ,ii1 #*plore means to further enhance its assistance in eliminating traffic)ing activities through closer networ)ing with government agencies in the country and overseas, particularly in the formulation of policies and implementation of relevant programs< ,iii1 Actively participate in bilateral, regional and international initiatives and cooperative arrangements aimed at suppressing traffic)ing in persons and protecting and assisting victims of traffic)ing to include monitoring of inter-country adoption cases. ,iv1 Ta)e necessary measures for the efficient implementation of the =achine eadable 5assports and Disas to protect the integrity of 5hilippine passports, visas, and other travel documents to reduce the incidence of traffic)ing in persons through the use of fraudulent identification documents< ,v1 #stablish and implement pre-marriage, onsite and pre-departure counseling program on inter-marriages.

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Cor this purpose, the 2CA shall promulgate the necessary guidelines to implement the said program< and ,vi1 !ntegrate into the pre-departure orientation seminars for foreign service personnel a training module on traffic)ing in persons. ,d1 2epartment of "abor and #mployment ,2'"#1 ,i1 #nsure the strict implementation of and compliance with rules and guidelines relative to the employment of persons locally and overseas< and ,ii1 =onitor, document and report cases of traffic)ing in persons involving employers and labor recruiters< ,iii1 =a)e available e*isting resources such as employment and livelihood programs as part of the government?s measure to suppress traffic)ing in persons< and ,iv1 Conduct public awareness programs and activities to prevent victimi(ation. ,e1 5hilippine 'verseas #mployment Administration ,5'#A1 ,i1 !mplement an effective pre-employment orientation seminar and pre-departure counseling program to applicants for overseas employment< ,ii1 Cormulate a system providing free legal assistance to traffic)ed persons which shall include the following; ,a1 5rovision of legal assistance to victims of traffic)ing in persons by means of, or in the guise of, recruitment for overseas employment, as defined in Section 3 of .A. +o. >70., such as free legal advice, assistance in the preparation and filing of administrative and criminal actions for traffic)ing as defined in the Act, without prejudice to the filing of administrative andHor criminal actions for illegal recruitment, as defined in .A.+o. >70., when proper< ,b1 Assistance in the prosecution of persons who engage in, promote and facilitate traffic)ing in persons by means of, or in the guise of, recruitment for overseas employment, as defined in Section 3 of .A. >70.< !n this connection, the 5'#A shall li)ewise adopt a policy of confidentiality in all cases referred to it involving possible violations of the Act.

,iii1 Adopt policies and procedures, prepare and implement programs geared towards the eradication of traffic)ing in persons as well as acts that promote traffic)ing in persons such as, but not limited to, the following; ,a1 Comprehensive and !ntegrated #ducation 5rogram on overseas employment which shall be underta)en in partnership with other relevant organi(ations and government entities. Such education program shall cover all stages of recruitment and employment and shall provide information useful for overseas wor)ers including a module on anti-traffic)ing program and measures< ,b1 +ationwide multi-media and sustainable grassroots information campaign to create publicawareness on the realities of overseas employment and dangers of becoming victims of illegal traffic)ing activities< ,c1 Conduct special operations, complementary to the power of the 5+5, on persons and entities engaged in recruitment for overseas employment reported to be violating the provisions of the Act for the purpose of effecting closure of said establishments pursuant to the provisions of .A. +o. >70.< and ,d1 2atabase of cases involving, and personalities involved in, traffic)ing persons separate and distinct from its illegal ecruitment cases for monitoring purposes< ,iv1 !n cases of repatriation involving wor)ers recruited and deployed by licensed agencies, the 5'#A shall notify the agency concerned to provide a plane tic)et or 5repaid Travel Advice ,5TA1 and shall impose sanctions on said agencies for failure to cooperate in providing welfare assistance to 'CAs they have deployed< and ,v1 Continue to regulate private sector participation in the recruitment and overseas placement of wor)ers through its licensing and registration system pursuant to its rules and regulation on overseas employment. !t shall formulate and implement, in coordination with appropriate entities concerned, when necessary, a system of promoting and monitoring the overseas employment of Cilipino wor)ers, ta)ing into consideration their welfare and protection from the dangers and ris)s inherent in overseas employment, including illegal traffic)ing. ,f1 &ureau of !mmigration ,&!1 ,i1 Strictly administer and enforce immigration and alien registration laws<
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,ii1 Adopt measures for the apprehension of suspected traffic)ers both at the place of arrival and departure< ,iii1 #nsure compliance by the Cilipino fiancNsH fiancNes and spouses of foreign nationals with the predeparture and counseling program requirement of the Act< ,iv1 Strictly implement the requirement for a parental travel authority duly processed by the 2SA2 for minors traveling abroad unaccompanied by one parent, and the travel clearance for minors traveling abroad unaccompanied by both parents< ,v1 #nsure compliance by 'verseas Cilipino Aor)ers of the departure requirements of the 5'#A< ,vi1 Conduct periodic training and seminar on fraudulent document detection and passenger assessment to enhance the level of s)ill and competence of all its immigration officers and agents in document fraud detection< ,vii1 Conduct periodic study of the trends, routes and modus operandi employed by the traffic)ers including its recruitment base, transit countries and country of destination< ,viii1 #stablish a networ) with other law enforcement agencies and immigration counterparts of source, transit and destination countries to facilitate e*change and sharing of information on the activities of traffic)ing syndicates< ,i*1 #stablish networ) with ":Bs for the effective apprehension of suspected traffic)ers and their cohorts< ,*1 2evelop a program for the procurement and installation of !nternational Civil Aviation 'rgani(ation ,!CA'1 E compliant machine readers and fraud detection equipment at all international airports and seaports in the country to deter traffic)ing in persons< and ,*i1 2evelop and distribute materials containing advisory and other pertinent information to enhance awareness against traffic)ing in persons. ,g1 5hilippine +ational 5olice ,5+51 ,i1 Bnderta)e surveillance, investigation and arrest of individuals or persons suspected to be engaged in traffic)ing< ,ii1 Coordinate closely with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffic)ers. Cor this purpose, it shall also;

,a1 5ursue the detection and investigation of suspected or alleged traffic)ing activities at airports through its Aviation Security :roup, at seaports andHor harbors through its =aritime :roup, and at land transportation terminals through its police station and when proper, file the appropriate charges against traffic)ers in the proper court< ,b1 Coordinate with the 5hilippine 5orts Authority ,55A1 which may have initially processed complaints at their 7.alay +ilungan sa Daungan8< and ,c1 Coordinate with local and barangay officials with respect to the apprehension andHor arrest of traffic)ers. ,iii1 #stablish a system to receive complaints and calls to assist traffic)ed persons, and the conduct of rescue operations< ,iv1 2irect and supervise the enforcement of its andate under the Act and its rules and regulations< ,v1 Supervise the conduct of investigations relating to apprehension occurring at land transportation terminals, domestic seaports and airports and monitor the filing of appropriate cases against traffic)ers< ,vi1 Cormulate plans and programs for the prevention andHor reduction of traffic)ing in persons< ,vii1 !ntegrate in the program of instruction comprehensive, gender sensitive and childfriendly investigation and handling of cases of traffic)ing in persons in the 5hilippine +ational 5olice Academy ,5+5A1, 5hilippine 5ublic Safety College ,55SC1 and other training schools operated and managed by the 5+5< and ,viii1 #stablish anti-traffic)ing section under the Aomen and Children Complaint 2es) ,ACC21 in all city and municipal police stations. ,h1 +ational Commission on the ole of Cilipino Aomen ,+C CA1 ,i1 Actively advocate and participate in international and regional discussion and initiatives in traffic)ing in women and include the same in all of its international commitments and policy pronouncements. Ahere possible and appropriate, wor) with the 2epartment of Coreign Affairs in forging bilateral and multilateral collaborative projects on traffic)ing< ,ii1 Assist the Council in the formulation and monitoring of policies addressing the issue of traffic)ing in persons in coordination with relevant government agencies<
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,iii1 Assist the Council in the conduct of information dissemination and training to frontline government agencies, +:'s and the general public< ,iv1 Assist in the development of gender responsive documentation system in coordination with other agencies and the +ational Statistical Coordination &oard ,+SC&1 through its monitoring of the situation of women particularly on violence against women< ,v1 Assist the Council in the formulation of prevention and reintegration programs for victims of traffic)ing including the demand side< and ,vi1 Conduct studies on the root causes, magnitude and forms of traffic)ing in women and document best practices in prevention programs. Sec. ->. Roles and Responsibilities of -ther Relevant ,ational Government Agencies. E Consistent with their mandates under e*isting laws, the following agencies shall integrate human traffic)ing issues in their strategy and program formulation and implement programs and services for the prevention and suppression of traffic)ing and for the protection of traffic)ed victims. They shall li)ewise have the following roles and responsibilities; ,a1 2epartment of the !nterior and "ocal :overnment ,2!":1 ,i1 Conduct a systematic information disseminationHadvocacy and prevention campaign against traffic)ing in persons< ,ii1 =aintain a databan) for the effective monitoring, documentation and prosecution of cases on traffic)ing in persons< ,iii1 !ssue directives to the ":Bs and barangays to institutionali(e recruiter-monitoring mechanisms and increase public awareness regarding traffic)ing in persons< ,iv1 5romote family and community empowerment to prevent traffic)ing in persons< and ,v1 Strengthen, activate and mobili(e e*isting committees, councils, similar organi(ations and special bodies at the local level to prevent and suppress traffic)ing in persons. ,b1 2epartment of Tourism ,2'T1 ,i1 Cormulate and implement preventive measures to stop se* tourism pac)ages and other activities of tourism establishments which might contribute to the traffic)ing in persons in coordination with local governmentunits< and ,ii1 5rovide training to tourist security officers on surveillance, investigation and rescue operation strategies.

,c1 2epartment of #ducation ,2ep#d1 ,i1 !ntegrate in the appropriate subject areas core messages on migration and traffic)ing in the elementary and secondary levels by providing lesson with emphasis on their implications and social costs to persons and country< ,ii1 5rovide opportunities for traffic)ed persons in the educational mainstream through the basic education and non-formal education curricula< and ,iii1 5rovide education and raise consciousness of boysHmen in schools and communities in order to discourage the Fdemand sideG or the useHbuying of traffic)ed women and children. ,d1 2epartment of 9ealth ,2'91 ,i1 =a)e available its resources and facilities in providing health care to victims of traffic)ing which shall, at all times, be held confidential. ,e1 2epartment of Transportation and Communication ,2'TC1 ,i1 5rovide guidelines for the land, sea and air transport providers to train their personnel in traffic)ing in persons< ,ii1 Standardi(e guidelines for monitoring traffic)ing in persons in every port< and ,iii1 =onitor the promotion of advertisement of traffic)ing in the !nternet. ,f1 Commission on 9uman ights ,C9 1 ,i1 Conduct advocacy and training programs relating to anti-traffic)ing< ,ii1 !nvestigate and recommend for prosecution violations of the Act< ,iii1 5rovide legal and financial assistance to victims of traffic)ing< and ,iv1 !ntegrate anti-traffic)ing efforts in the &arangay 9uman ights Action Center ,&9 AC1< and ,v1 =onitor government compliance to international human rights treaty obligations related to the suppressionHelimination of traffic)ing, particularly the Convention for the Suppression of Traffic in 5ersons and #*ploitation of the 5rostitution of 'thers, the Convention on the #limination of All Corms of 2iscrimination Against Aomen, the Convention on the ights of the Child, the Convention on the 5rotection of =igrant Aor)ers and =embers of Their Camilies, and the B+ Convention Against Transnational 'rgani(ed Crimes including its 5rotocol to 5revent, Suppress and 5unish Traffic)ing in 5ersons, #specially Aomen and Children.
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,g1 +ational &ureau of !nvestigation ,+&!1 ,i1 Conduct surveillance, monitor and investigate recruiters, travel agencies, hotels and other establishments suspected to be engaged in traffic)ing in persons< ,ii1 Coordinate closely with all the Council member agencies for effective detection and investigation of suspected traffic)ers< ,iii1 Cormulate plans and programs for the detection and prevention of traffic)ing, and the arrest and prosecution of suspected traffic)ers< ,iv1 Share intelligence information on suspected traffic)ers to all Council member agencies when necessary< and ,v1 Coster cooperation and coordination with the law enforcement agencies of other countries and the !+T# 5'" in the investigation and apprehension of suspected traffic)ers. ,h1 5hilippine Center on Transnational Crime ,5CTC1 ,i1 Continue to function in accordance with its mandate pursuant to #*ecutive 'rder +o. 3., s. -888, on matters concerning traffic)ing in persons with transnational dimension< ,ii1 Bnderta)e strategic researches on the structure and dynamics of traffic)ing in persons with transnational crime dimension, predict trends and analy(e given factors for the formulation of individual and collective strategies for the prevention and detection of traffic)ing in persons and the apprehension of criminal elements involved< ,iii1 Conduct case operations in coordination with other law enforcement agencies< and ,iv1 Serve as the focal point in international law enforcement coordination on traffic)ing in persons particularly with the !+T# 5'". ,i1 'verseas Aor)ers Aelfare Administration ,'AAA1 ,i1 Assist in the information and advocacy campaign among 'CAs to prevent traffic)ing in persons< ,ii1 Assist in the documentation of cases of traffic)ing and ensure the provision of its programs and services to 'CAs and their families< and ,iii1 !nclude a module on anti-traffic)ing to its predeparture seminar. ,j1 Council for the Aelfare of Children ,CAC1

,i1 !ntegrate in its development and strategic framewor)s issues and concerns affecting traffic)ing in children and ensure the adoption of such framewor)s by the ":Bs and other sta)eholders< ,ii1 Digorously advocate against traffic)ing of children< ,iii1 !mprove data on traffic)ing in children through integration of critical and relevant indicators into the monitoring system for children< ,iv1 Adopt policies and measures that will protect and promote the rights and welfare of children victims of traffic)ing and coordinate and monitor their implementation< and ,v1 Address issues on traffic)ing of children through policy and program interventions. ,)1 5hilippine !nformation Agency ,5!A1 ,i1 #nhance public awareness on traffic)ing in persons, pertinent laws and possible actions to prevent victimi(ation and re-victimi(ation by developing public advocacy program as well as printing and distributing appropriate information materials. ,l1 Technical #ducation and S)ills 2evelopment Authority ,T#S2A1 ,i1 5rovide s)ills and entrepreneurial training to traffic)ed victims< and ,ii1 Cormulate a special program to ensure the provision of appropriate s)ills training for traffic)ed victims. Sec. -8. Roles and Responsibilities of 'ocal Government 2nits 3'G2s4. The ":Bs shall have the following roles and responsibilities; ,a1 =onitor and document cases of traffic)ed persons in their areas of jurisdiction< ,b1 #ffect the cancellation of licenses of establishments which violate the provisions of the Act and ensure its effective prosecution< ,c1 Bnderta)e an information campaign against traffic)ing in persons through the establishment of the =igrants Advisory and !nformation +etwor) ,=A!+1 des)s in municipalities and provinces in coordination with the 2!":, 5!A, Commission on Cilipino 'verseas ,CC'1, +:'s and other concerned agencies< ,d1 #ncourage and support community based initiatives which address traffic)ing in persons< ,e1 5rovide basic social services for the prevention, rescue, recovery, rehabilitation and reintegrationHafter care support services to victims of traffic)ing in persons and their families<
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,f1 #nact ordinances or issuances aimed at providing protection and support to traffic)ed persons and adopt measures to prevent and suppress traffic)ing in persons< and ,g1 Strengthen, activate and mobili(e e*isting committees, councils, similar organi(ations and special bodies at the provincial, city, municipal and barangay levels to prevent and suppress traffic)ing in persons. Sec. .7. Roles and Responsibilities of ,onGovernment -rgani1ations $hich are .embers of the Council. The +:' members of the Council shall have the following roles and responsibilities; ,a1 Assist government agencies in formulating and implementing policies, programs and !#C campaign against traffic)ing< ,b1 Assist in capability-building activities of government personnel and share their e*periences and e*pertise in handling traffic)ing cases< ,c1 Coordinate with concerned government agencies, ":Bs and other +:'s in reporting alleged perpetrators, rescuing victims of traffic)ing, and conducting investigationH surveillance, if indicated< ,d1 Bnderta)e programs and activities for the prevention, rescue, recovery and reintegration of the victims of traffic)ing and other support services for their families< ,e1 2ocument andHor assist in the documentation of cases of traffic)ing< ,f1 2isseminate guidelines to all its networ) members, local and international, on policies and programs addressing issues on traffic)ing in persons< ,g1 Cormulate educational module to address thedemand side of traffic)ing< and ,h1 5erform such other tas)s as may be agreed upon by the Council. Sec. .-. Assistance of -ther Agencies and 0nstitutions. !n implementing the Act and these rules and regulations, the agencies concerned may see) and enlist the assistance of +:'s, people?s organi(ations ,5's1, civic organi(ations and other volunteer groups, which will all li)ewise be encouraged to assume the same roles and responsibilities enumerated in the preceding Section. Artic7e @I RE#!RTIN) !* S"S#ECTE I A((E)E TRA**ICEIN) INCI ENT Sec. ... (ho .ay and To (hom to Report. Any person who has any )nowledge or learns of facts or circumstances that give rise to a reasonable belief that a person will be, or may

be, or has been traffic)ed shall immediately report the same, either orally, in writing or through other means, to any member of the Council, the barangay authorities, the nearest police or other law enforcement agency, the local social welfare and development office or the local Council for the 5rotection of Children. !n the case of traffic)ing cases abroad, the report shall be made to the 5hilippine #mbassyHConsulate which has jurisdiction over the place where the traffic)ing occurred or where the traffic)ed person is found. Sec. .4. Action on the Report. The agency, entity or person to whom the report is made shall immediately act as soon as the report is received in coordination with other relevant government agency for appropriate intervention. Cor this purpose, the Council shall develop a mechanism to ensure the timely, coordinated and effective response to cases of traffic)ing in persons. Artic7e @II INTERCE#TI!N, ARREST AN IN@ESTI)ATI!N !* TRA**ICEERS Sec. .0. rocedure in the 0nterception+ Arrest and 0nvestigation of Traffic)ers in ersons at 0nternational Airport or !eaport. Ahen an offense punishable under the Act or any other offense in relation thereto or in furtherance thereof has been committed, or is actually being committed in the presence of an immigration officer assigned at the international airport or seaport, heHshe shall immediately cause the interception andHor arrest of the persons involved for investigation. The 2'@ Tas) Corce Against Traffic)ing shall cause the filing of appropriate case in court when evidence warrants. !f the person arrested is a foreigner, the concerned &.!. investigating unit shall ta)e full custody over the arrested person, conduct the investigation proper motu proprio and endorse the complaint and supporting documents to the prosecutor for inquest or =TC @udge for appropriate proceedings. Sec. ./. rocedure in the 0nterception+ Arrest and 0nvestigation of Traffic)ers in ersons at 'ocal Airport+ !eaport and 'and Transportation Terminals. !n cases where the violation is committed at local seaport, airport or in land transportation terminals, the members of the law enforcement agency shall immediately cause the interception andHor arrest of the suspected traffic)ers. Thereafter, the investigation shall be conducted by the law enforcement agency on the personHs interceptedHarrested, and
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referred to the 5rosecutor?s 'ffice of the place where the offense was committed or to the 2'@ Tas) Corce Against Traffic)ing in 5ersons or Tas) Corce on 5assport !rregularities or =unicipal Trial Court of the place where the crime was committed in case of municipalities and non-chartered cities for purposes of inquest or preliminary investigation as the case may be. Sec. .3. Creation of a 5oint Tas) &orce Against Traffic)ing in ersons. Cor the purpose of the above provisions, there shall be created a @oint Tas) Corce Against Traffic)ing in 5ersons to be assigned at airports composed of 5rosecution, &!, 5+5, and +&! personnel and another Tas) Corce at land transportation terminals and local seaports and airports to be composed of 5rosecution, 5+5, &!, 55A, and 5C: personnel. The 2'@ +ational Tas) Corce Against Traffic)ing in 5ersons shall issue the necessary operational guidelines for the effective coordination, apprehension, investigation and prosecution of violations of the Act. The 2'@ Tas) Corce assigned at local seaports, airports and land transportation terminals shall cooperate or coordinate with the local authorities, local social welfare and development officers or active +:'s concerned with traffic)ing in persons in the locality. Sec. .6. Rights of the erson Arrested+ 0nvestigated or Detained. !n all cases, the rights of the person arrested, investigated or detained as provided by the 5hilippine Constitution and under epublic Act +o. 604> ,An Act 2efining Certain ights of 5ersons Arrested, 2etained or Bnder Custodial !nvestigation As Aell As The 2uties of the Arresting, 2etaining and !nvestigating 'fficers, and 5roviding 5enalties Cor Diolations Thereof1 shall, at all times, be respected. Artic7e @III RESC"EIREC!@ERD AN !* @ICTI$S RE#ATRIATI!N

Sec. .8. Rescue at the Country of Destination. E ,a1 Procedure. Ahen the victim is a Cilipino national and at the time of rescue is residing abroad, the embassy or consulate which has jurisdiction over the place where the victim is residing shall verify the veracity of the report of incidence of traffic)ing and inquire about the condition of the victim. Consistent with the country team approach, the 5ost concerned shall send a team composed of a consular officer and personnel from the 5hilippine 'verseas "abor 'ffice ,5'"'1 or the Cilipino Aor)ers esource Center ,CA C1, the 'ffice of the Social Aelfare AttachN as the case may be, to conduct a visit to the jail, establishment, wor) site or residence of the victim. !n the case of 5osts without attached services, the team will be composed of a consular officer and personnel from the Assistance-to-+ationals section. The 5ost shall ma)e representations with the police authorities or other relevant law enforcement agencies with respect to the conduct of rescue operations. escue operation shall also be made in cooperation and close coordination with some +:'?s, local contacts or private individuals when necessary. !n countries and areas where the services of the CA C is not accessible, a mobile type of services shall be e*tended by the country team members to traffic)ed persons regardless of their status in the host country. Thereafter, the victim will be encouraged to e*ecute a sworn statement, recounting among others, the peopleHestablishment involved in the recruitmentHtransfer and deployment, the modus operandi employed to recruit, transport and deploy the victim, and other pertinent information which could provide a lead in the investigation and eventual prosecution of the perpetrators. ,b1 Assistance to Traffic-ed Persons. The traffic)ed person shall be provided with temporary shelter and other forms of assistance. !n countries where there is an Cilipino Aor)ers esource Center, the services available to overseas Cilipinos as provided for in epublic Act +o. >70. shall also be e*tended to traffic)ed persons regardless of their status in the host country. ,c1 Legal Assistance 1und. Traffic)ed persons shall be considered under the category F'verseas Cilipinos in 2istressG and may avail of the "egal Assistance Cund created by epublic Act +o. >70., subject
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Sec. .>. The Country Team Approach. The country team approach under #*ecutive 'rder +o. 60, series of -884 and further enunciated in epublic Act +o. >70. shall be the operational scheme under which 5hilippine embassies abroad shall provide protection to traffic)ed persons regardless of their immigration status. Bnder the Country Team Approach, all officers, representatives and personnel of the 5hilippine government posted abroad regardless of their mother agencies shall, on a per country basis, act as one-country team with mission under the leadership of the Ambassador or the head of mission.

to the guidelines as provided by law, including rules and regulations issued by the 2CA as to its utili(ation and disbursement. Sec. 47. Repatriation of Traffic)ed ersons. The 2CA, in coordination with 2'"# and other appropriate agencies, shall have the primary responsibility for the repatriation of traffic)ed persons, regardless of whether they are documented or undocumented. !f, however, the repatriation of traffic)ed persons shall e*pose the victims to greater ris)s, the 2CA shall ma)e representation with the host government for the e*tension of appropriate residency permits and protection, as may be legally permissible in the host country. Sec. 4-. rocedure for Repatriation. !n accordance with e*isting rules and regulations on the use and disbursement of Assistance-to+ationals Cund of the 2CA for the repatriation of distressed 'CAs, the 5ost shall immediately request the 2CA, through the 'ffice of the Bndersecretary for =igrant Aor)ers? Affairs ,'B=AA1, allocation of funds for the repatriation of the victim. !n appropriate cases and to avoid re-victimi(ation, the 5ost may withdraw the passport of the victim and forward it to the 2CA and in its place issue a Travel 2ocument ,CA Corm 68,&11 valid for direct travel to the 5hilippines. The 5ost concerned shall report to the 2CA, through the 'B=AA, copy furnished the 'ffice of Consular Affairs, the actual date of repatriation and other pertinent information and submit a copy of the sworn statement and other relevant documents. !n appropriate cases, especially when the victim is suffering from mental illness, has suffered physical or se*ual abuse or has received serious threats to his or her life and safety, the victim will be met upon arrival in the 5hilippines by 2SA2 personnel, in coordination with the @oint Tas) Corce Against Traffic)ing in 5ersons and other government agencies such as 'AAA, &! and 2'9. !n the case of mentally ill patients, minors, and other persons requiring special care, the 5ost shall designate a duly authori(ed individual to escort said victims to the 5hilippines. The victim will be encouraged, if he or she has not done so before, to e*ecute a sworn statement with the view of filing the appropriate charges against the suspected traffic)er in the 5hilippines. Should the victim request the assistance of 2CA, 'B=AA shall interview the victim and ma)e recommendations for investigation with law enforcement agencies such as the 5+5 and the +&!. !n cases where recruitment agencies are involved, the case

shall also be referred to the 5'#A for appropriate action. The report shall also be forwarded to the &! for case build up. The victim may be referred to the 2SA2H"ocal Social Aelfare And 2evelopment 'ffice or to the +&! 'ne-Stop Shop for psychosocial interventions, psychological and medical e*amination and follow-through therapy sessions. 5rotective custody and emergency shelter shall also be provided to the victim, in appropriate cases. Sec. 4.. Rescue (ithin the Country. escue operations within the country shall be primarily underta)en by the law enforcement agencies in coordination with ":Bs, 2'"#, 2SA2 and 2'9. Bpon receipt of a report of a suspected or alleged traffic)ing ncident or activity, the law enforcement agency to which the report is made shall conduct rescue operations of traffic)ed persons. At the minimum, rescue operations shall be guided by the following; ,a1 Conduct of rescue operation of traffic)ed persons shall be properly coordinated with the concerned agencies particularly 2SA2Hlocal social welfare and development officer< ,b1 The rescue team shall ensure full protection of the rights of the traffic)ed person as well as the traffic)ers while under its custody and control< ,c1 After the rescue operation, the investigation of the case shall be referred to the Aomen and Children Complaint 2es) ,ACC21 des) of 5+5, the Diolence Against Aomen and Children 2ivision ,DAAC21 of the +&! or other similar units or des)s< ,d1 After the completion of the necessary documents for the filing of cases, the rescue team shall effect the appropriate and immediate turn-over of the traffic)ed person to 2SA2Hlocal social welfare and development officer< and ,e1 !n the course of investigation of the traffic)ed person, the investigator handling the case shall ensure that the victim shall be accorded with proper treatment and investigated in a child-friendly and gender-sensitive environment. !n the conduct of investigative interviews on children, the law enforcers shall li)ewise be guided by the ule on the #*amination of a Child Aitness promulgated by Supreme Court, as may be applicable. Cor this purpose, the investigators shall be properly trained in the handling of cases of traffic)ed persons. Artic7e IX RE+A,I(ITATI!N AN REINTE)RATI!N !* @ICTI$S Sec. 44. Comprehensive rogram. The 2SA2, ":Bs and other concerned agencies shall provide a comprehensive, gendersensitive
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and child friendly program for the recovery, rehabilitation and reintegration of victimsHsurvivors of traffic)ing, such as but not limited to the following; ,a1 !mplementation of residential care, child placement, educational assistance, livelihood and s)ills training and other community-based services must be responsive to the specific needs and problems of the victimsHsurvivors and their families< ,b1 Active involvement and participation of the victimsHsurvivors in the rehabilitation and reintegration process shall be encouraged. !n order to empower them and to prevent their revictimi(ation, capability building programs must be provided< and "aw, ules and "ocal !nstruments / 4 ,c1 Active cooperation and coordination with +:'s and other members of the civil society including the business community, tourismrelated industries as well as the media in the rehabilitation and reintegration of victimsHsurvivors shall be underta)en. Sec. 40 rocedure. The following procedure shall be underta)en in implementing a comprehensive program for the recovery, rehabilitation and reintegration of victimsHsurvivors of traffic)ing; ,a1 The victimHsurvivor of traffic)ing may go to the nearest 2SA2H":B Social Aelfare and 2evelopment 'ffice for assistance< ,b1 Bpon referralHinterview the 2SA2H"ocal :overnment Social Aor)er shall conduct an inta)e assessment to determine appropriate intervention with the victimHsurvivor< ,c1 The social wor)er shall prepare a social case study reportHcase summary for the victimHsurvivor?s admission to a residential facility for temporary shelter or communitybased services< ,d1 5rovide servicesHinterventions based on the rehabilitation plan in coordination with appropriate agencies, e.g. counseling, legal, medical and educational assistance< livelihood andHor s)ills training< as well as appropriate services to the family of the traffic)ed victimHsurvivor< and ,e1 =onitor implementation and periodically evaluateHupdate the rehabilitation plan until the victimH survivor has been reintegrated with hisHher family and community. Sec. 4/. Capability Building of !ervice roviders. The frontline agencies and the service providers must undergo training and other capability building activities to enhance their )nowledge and s)ills in handling cases of traffic)ing to prevent e*acerbation of traumatic

stress and facilitate more effective crisis interventions, healing and reintegration services. Sec. 43. Documentation. 2ata ban)ing, research and documentation of best practices in rehabilitation and reintegration programs shall be conducted to identify efficient and effective measures and services for the victims of traffic)ing and their families.

Artic7e X #R!SEC"TI!N, CI@I( *!R*EIT"RE AN REC!@ERD !* CI@I( A$A)ES Sec. 46. (ho .ay &ile a Complaint. Complaints for violations of the Act may be filed by the following; ,a1 Any person who has personal )nowledge of the commission of the offense< ,b1 The traffic)ed person or the offended party< ,c1 5arents or legal guardians< ,d1 Spouse< ,e1 Siblings< or ,f1 Children. The foregoing persons may also see) the assistance of the Council in the filing of complaint. Sec. 4>. 0nstitution of Criminal Action6 "ffect. The institution of the criminal action before the 'ffice of the 5rosecutor or the court, as the case may be, for purposes of preliminary investigation shall interrupt the running of the period for prescription of the offense charged. The prescriptive period shall commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused. Sec. 48. 0nstitution of Criminal and Civil Actions. 5ursuant to the evised ules on Criminal 5rocedure, when a criminal action is instituted, the civil action arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action. Sec. 07. "#emption from &iling &ees. Ahen the traffic)ed person institutes a separate civil action for the recovery of civil damages, heHshe shall be e*empt from the payment of filing fees. Sec. 0-. 7enue. The offenses punishable under the Act shall be considered as a continuing offense and may be filed in the place where the
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offense was committed or where any of its elements occurred or where the traffic)ed person actually resides at the time of the commission of the offense. 5rovided, that the court where the criminal action is first filed shall acquire jurisdiction to the e*clusion of other courts. Sec. 0.. &orfeiture of the roceeds and 0nstruments Derived from Traffic)ing in ersons. E ,a1 After conviction, all proceeds and instruments, including any real or personal property used in the commission of the offense, shall be ordered confiscated and forfeited in favor of the State unless the owner thereof can prove the lac) of )nowledge of the use of such property in the said illegal activity. Any award for damages arising from the commission of the offense may be satisfied and charged against the personal and separate properties of the offender and if the same is insufficient to satisfy the claim, the balance shall be ta)en from the forfeited properties as may be ordered by the court. ,b1 2uring the pendency of the criminal action, no property or income used or derived therefrom which are subject to confiscation and forfeiture, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same. ,c1 The trial prosecutor shall avail of the provisional remedies in criminal cases to ensure the confiscation, preservation and forfeiture of the said properties. ,d1 !f the offender is a public officer or employee, the forfeiture of hisHher property found to be unlawfully acquired shall be governed by epublic Act +o. -468 otherwise )nown as FAn Act 2eclaring Corfeiture in Cavor of the State Any 5roperty Cound to 9ave &een Bnlawfully Acquired by Any 5ublic 'fficer or #mployee and 5roviding for the 5roceedings Therefore.G Artic7e XI (E)A( #R!TECTI!N AN SER@ICES !T+ER

Sec. 0/. 0mmunity from Criminal rosecution. Any person who has personal )nowledge in the commission of any of the offenses penali(ed under the Act and who voluntarily gives material information relative thereto and willingly testifies against the offender shall be e*empt from prosecution for the offense with reference to which his information and testimony were given, subject to the following conditions; ,a1 The information and testimony are necessary for the conviction of the accused< and ,b1 Such information and testimony are not yet in the possession of the state. Sec. 03. .andatory !ervices. To ensure recovery, rehabilitation and reintegration into the mainstream of society, concerned government agencies shall ma)e available the following services to traffic)ed persons; ,a1 #mergency shelter or appropriate housing< ,b1 Counseling< ,c1 Cree legal services which shall include information about the victims? rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the traffic)ed person< ,d1 =edical or psychological services< ,e1 "ivelihood and s)ills training< and ,f1 #ducational assistance to a traffic)ed child. Sustained supervision and follow through mechanism that will trac) the progress of recovery, rehabilitation and reintegration of the traffic)ed persons shall be adopted and carried out. Sec. 06. 'egal rotection of Traffic)ed ersons (ho are &oreign ,ationals. Traffic)ed persons in the 5hilippines who are nationals of a foreign country shall be entitled to appropriate protection, assistance and services available to the traffic)ed persons and shall be allowed to continued presence in the 5hilippines for a period of fifty-nine ,/81 days to enable them to effect the prosecution of the offenders. Such period may be renewed upon showing of proof by the trial prosecutor that their further testimony is essential to the prosecution of the case. The trial prosecutor shall course his request for e*tension to the Council which shall accordingly act upon the same. !f such request is granted, the registration and immigration fees of such foreign nationals shall be waived. The Council, for this purpose, shall develop additional guidelines to implement this provision. Artic7e XII TR"ST *"N
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Sec. 04. 'egal rotection. Traffic)ed persons shall be recogni(ed as victims of the act or acts of traffic)ing. As such, they shall not be penali(ed for crimes directly related to the acts of traffic)ing enumerated under the Act or in obedience to the order made by the traffic)er in relation thereto. !n this regard, the consent of the traffic)ed person to the intended e*ploitation set forth in the Act shall be irrelevant. Sec. 00. referential "ntitlement under the (itness rotection rogram. Any provision of epublic Act +o. 38>- to the contrary notwithstanding, any traffic)ed person shall be entitled to the witness protection program provided therein.

Sec. 0>. Trust &und6 !ources. All fines imposed under the Act and the proceeds and properties forfeited and confiscated pursuant to Section -0 of the Act and Article !$, Section / of these rules and regulations shall accrue to a Trust Cund to be administered and managed by the Council. Sec. 08. 2tili1ation. The Trust Cund shall be used e*clusively for programs that will prevent acts of traffic)ing and protect, rehabilitate, reintegrate traffic)ed persons into the mainstream of society. Such programs shall include, but not limited to the following; ,a1 5rovision for mandatory services set forth in Section .4 of the Act< and Section 06 of these ules and egulations. ,b1 Sponsorship of a national research program on traffic)ing and establishment of a data collection system for monitoring and evaluation purposes< ,c1 5rovision of necessary technical and material support services to appropriate government agencies and nongovernment organi(ations ,+:'s1< ,d1 Sponsorship of conferences and seminars to provide venue for consensus building among the public, the academe, government, +:'s and international organi(ations< and ,e1 5romotion of information and education campaign on traffic)ing. The Trust Cund may also be used to support the operations of the Secretariat. Sec. /7. 2se and Disbursement of Trust &und. The use and disbursement of the trust fund shall be subject to the approval of at least two-thirds ,.H41 of the members of the Council and shall be governed by e*isting government accounting and auditing rules and regulations. Artic7e XIII INTERNATI!NA( C!!#ERATI!N Sec. /-. 0nternational Cooperation. The Council, in close coordination with the 2CA and other concerned agencies, shall promote cooperation, technical assistance and partnership among governments and regional and international organi(ations on the following aspects; ,a1 5revention, protection, prosecution, repatriation and reintegration aspects of traffic)ing in persons, especially women and children< ,b1 Systematic e*change of information and good practices among law enforcement and immigration authorities<

,c1 5revention, detection, investigation and prosecution of traffic)ing in persons, including the protection of victims through e*changes and joint training at the bilateral, regional and international levels, between and among relevant officials including police, judges, prosecutors, immigration officers, other law enforcement agents as well as consular authorities< and ,d1 epatriation of victims of traffic)ing with due regard to their safety and in consideration of humanitarian and compassionate factors.

Artic7e XI@ C!N*I ENTIA(ITD Sec. /.. Confidentiality. At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recogni(e the right to privacy of the traffic)ed person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the traffic)ed person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public. !n case when the prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor, publisher, reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utili(ing tri-media or information technology to cause publicity of and case of traffic)ing in persons. Artic7e X@ !**ENSES AN #ENA(TIES

Sec. /4. Acts of Traffic)ing in ersons. Any person, natural or juridical, who commits any of the following acts shall suffer the penalty of imprisonment of twenty ,.71 years and a fine of not less than 'ne million pesos ,5-,777,777.771 but not more than Two million pesos ,5.,777,777.771; ,a1 To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the prete*t of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution,
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pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,b1 To introduce or match for money, profit or material, economic or other consideration, any person or, as provided for under epublic Act +o. 38//, any Cilipino woman with a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading himHher to engage in prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,c1 To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, se*ual e*ploitation, forced labor or slavery, involuntary servitude or debt bondage< ,d1 To underta)e or organi(e tours and travel plans consisting tourism pac)ages or activities for the purpose of utili(ing and offering persons for prostitution, pornography or se*ual e*ploitation< ,e1 To maintain or hire a person to engage in prostitution or pornography< ,f1 To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, se*ual e*ploitation,forced labor, slavery, involuntary servitude or debt bondage< ,g1 To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person< and ,h1 To recruit, transport or adopt a child to engage in armed activities in the 5hilippines or abroad. Sec. /0. Acts that romote Traffic)ing in ersons. Any person, natural or juridical, who shall commit the following acts which promote or facilitate traffic)ing in persons, shall be penali(ed with the penalty of imprisonment of fifteen ,-/1 years and a fine of not less than Cive hundred thousand pesos ,5/77,777.771 but not more than 'ne million pesos ,5-,777,777.771; ,a1 To )nowingly lease or sublease, use or allow to used any house, building or establishment for the purpose of promoting traffic)ing in persons< ,b1 To produce, print and issue or distribute unissued, tampered or fa)e counseling certificates, registration stic)ers and certificates of any government agency which issues these certificates and stic)ers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting traffic)ing in persons< ,c1 To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet of any brochure, flyer, or any

propaganda material that promotes traffic)ing in persons< ,d1 To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary e*it documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting traffic)ing in persons< ,e1 To facilitate, assist or help in the e*it and entry of persons fromHto the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent and travel documents for the purpose of promoting traffic)ing in persons< ,f1 To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of traffic)ed persons in furtherance of traffic)ing or to prevent them from leaving the country or see)ing redress from the government or appropriate agencies< and ,g1 To )nowingly benefit from, financial or otherwise or ma)e use of, the labor or services of a person held to a condition of involuntary servitude, forced labor , or slavery. Sec. //. *ualified Traffic)ing in ersons. The following are considered as qualified traffic)ing and shall be penali(ed with the penalty of life imprisonment and a fine of not less than Two million pesos ,.,777,777.771 but not more than Cive million pesos ,/,777,777.771< ,a1 Ahen the traffic)ed person is a child< ,b1 Ahen the adoption is effected through epublic Act +o. >704, otherwise )nown as the F!nter-Country Adoption Act of -88/G and said adoption is for the purpose of prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,c1 Ahen the crime is committed by a syndicate , or in large scale. Traffic)ing is deemed committed by a syndicate if carried out by a group of three ,41 or more persons conspiring or confederating with one another. !t is deemed committed in large scale if committed against three ,41 or more persons , individually or as a group< ,d1 Ahen the offender is an ascendant, parent, sibling, guardian or a person who e*ercises authority over the traffic)ed person or when the offense is committed by a public officer or employee< ,e1 Ahen the traffic)ed person is recruited to engage in prostitution with any member of the military or law enforcement agencies< ,f1 Ahen the offender is a member of the military orlaw enforcement agencies< and ,g1 Ahen by reason or on occasion of the act of traffic)ing in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted
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with 9uman !mmunodeficiency Dirus 9!D or the Acquired !mmune 2eficiency Syndrome ,A!2S1. Sec. /3. 7iolation of Confidentiality rovisions. Any person who violates Section 6 of the Act and Section /., Article $!D hereof shall suffer the penalty of imprisonment of si* ,31 years and a fine not less than Cive hundred thousand pesos ,5/77,777.771 but not more than 'ne million pesos ,5-,777,777.771. Sec. /6. Application of enalties and -ther !anctions. The following shall be applied in the imposition of penalties; ,a1 !f the offender is a corporation, partnership, association, club, establishment or any judicial person, the penalty shall be imposed upon the owner, president, partner, manager, andHor any responsible officer who participated in the commission of the crime or who shall have )nowingly permitted or failed to prevent its commission< ,b1 The registration with the Securities and e*change Commission ,S#C1 and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place or entertainment shall be cancelled and revo)ed permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishment in a different name< ,c1 !f the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country< ,d1 Any employee or official of government agencies who shall issue or approve the issuance of travel e*it clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether judicial or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under the Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. 9isHher retirement and other benefits shall li)ewise be forfeited< and ,e1 Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption. Sec. />. 2se of Traffic)ed ersons. Any person who buys or engages the services of traffic)ed persons for prostitution shall be penali(ed as follows;

,a1 Cirst offense E si* ,31 months of community service as may be determined by the court and a fine of Cifty thousand pesos ,5/7,777.771< and ,b1 Second and subsequent offenses E imprisonment of one year ,-1 year and a fine of 'ne hundred thousand pesos ,5-77,777.771. The Council shall coordinate with the Supreme Court through the 'ffice of the Court Administrator for the issuance of appropriate guidelines and measures for the judiciary to implement this provision particularly on the aspect of implementing the penalty of community service. Artic7e X@ *"N IN) Sec. /8. 0nclusion in Agency Appropriations. The heads of departments and agencies concerned shall immediately include in their annual appropriations the funding necessary to implement programs and services required by the Act and these regulations. !n the interim, the funding necessary to carry out their mandate under the law may be charged against their :ender and 2evelopment ,:A21 budget. Artic7e X@II *INA( #R!@ISI!NS Sec. 37. ,on-Restriction of &reedom of !peech and of Association+ Religion and the Right to Travel. +othing in these rules and regulations shall be interpreted as a restriction of the freedom and of association, religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution. Sec. 3-. !aving Clause. The provisions of epublic Act +o. 63-7, otherwise )nown as the FSpecial 5rotection of Children Against Child Abuse, #*ploitation and 2iscrimination ActG shall remain applicable and shall not in any way be amended or repealed by the provisions of the Act and these rules and regulations. Sec. 3.. !eparability Clause. The declaration of invalidity of any provision of these rules and regulations or part thereof shall not affect the validity of the remaining provisions. Sec. 34. Repealing Clause. 5ertinent provisions of all laws, presidential decrees, e*ecutive orders and rules and regulations, or parts thereof, contrary to or inconsistent with the provisions of the Act and these rules and regulations are hereby repealed or modified accordingly.

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Sec. 30. "ffectivity. These rules and regulations shall ta)e effect fifteen ,-/1 days after its complete publication in at least two ,.1 newspapers of general circulation.
*. Alien E$ploy$ent ,egulation

which the A#5 was issued< -.0 Cailure to renew A#5 within one ,-1 year after its e*piration. .. 5etitions for cancellation or revocation of permits issued shall be resolved within thirty ,471 calendars from receipt thereof. 4. Any aggrieved party may file a =otion for econsideration andHor Appeal and the same shall be resolved based on 5aragraph 0 of this ule.

,eferen e8 Arts. '6 (e)! A;0A6< /$ni#us ,ules! Boo3 +! ,ule =+:! D/ '6! 'B 9ov. 6;;'< /$ni#us 1uidelines for +ssuan e of E$ploy$ent Per$its to Koreign 9ationals)< Const.! Art. =++! %e . '6

a.

Coverage Al$odiel v. 9L,C! 66> %C,A >A' ('((>)

1eneral Dilling Corp. v. "orres! '(B %C,A 6'@ ('((')

b.

Conditions for grant of Per$it! /$ni#us 1uidelines! ,ule +++. '! 6! >

:alidity of AEP! /$ni#us ,ules! ,ule ++.*

R"(E III. Re.oc4tionIC4nce774tion o' E617o-6ent #er6it& I&&/e3 -. The permits issued may, motu proprio or upon a petition, be cancelled or revo)ed based on any of the following grounds; -.- =isrepresentation of facts or falsification of the documents submitted< -.. The foreign national has been declared as an undesirable alien by competent authorities< -.4 +on-compliance with the conditions for

8. 7alidity of ermits - The validity of permits shall be as follows; 6.- As a general rule, the validity of permits shall be for a period of one ,-1 year, unless the employment contract, consultancy services, or other modes of engagement or term of office for elective officers, provides for a longer period. 6.. The effectivity of the renewal shall be on the day after the e*piration of the previous permit, regardless of whether or not the renewal is granted before or after the e*piration of the previous permit. 6.4 As a general rule, the permits shall be
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valid only for the position and the employer for which it was issued, e*cept in case of foreign nationals who are holders of multiple positions in one corporation, where one A#5 shall be valid for such multiple positions. 6.0 The permits of resident foreign nationals shall be valid for multiple employers, regardless of the nature and duration of their employment, provided that they shall report changes in their employment status and the identity of their employers to the 2'"# egional 'ffice which has issued the permit.

Cocus technical education and s)ills development on meeting the changing demands for quality middle-level manpower< #ncourage critical and creative thin)ing by disseminating the scientific and technical )nowledge base of middle-level manpower development programs< ecogni(e and encourage the complementary roles of public and private institutions in technical education and s)ills development and training systems< and !nculcate desirable values through the development of moral character with emphasis on wor) ethic, self-discipline, self-reliance and nationalism.

d.

,evo ationCCan ellationC1rounds! 1uidelines! ,ule +++.'

/$ni#us

6.

Apprenti e Definition! ,A **(B! %e . A (5)

a.

R"(E III. Re.oc4tionIC4nce774tion o' E617o-6ent #er6it& I&&/e3 -. The permits issued may, motu proprio or upon a petition, be cancelled or revo)ed based on any of the following grounds; -.- =isrepresentation of facts or falsification of the documents submitted< -.. The foreign national has been declared as an undesirable alien by competent authorities< -.4 +on-compliance with the conditions for which the A#5 was issued< -.0 Cailure to renew A#5 within one ,-1 year after its e*piration.
E" ?.m#& Res%.r'es De;e+%(me&t ,eferen e8 Arts. @*0)'< "e hni al Edu ation and %3ills Develop$ent Authority A t of '((A ("E%DA) (,A **(B)< Dual "raining %yste$s A t of '((A (,A *B)B)< Dagna Carta for Disa#led Persons (,A *6**)

MApprenticeM is a person undergoing training for an approved apprenticeable occupation during an apprenticeship agreement<

b.

Apprenti ea#le /

upation! ,A **(B! %e . A ($)

,m1 MApprenticeable 'ccupationM is an occupation officially endorsed by a tripartite body and approved for apprenticeship by the authority<

c.

Lualifi ation! ,A *B';! as a$ended #y ,A *B@)! %e . '6

RE#",(IC ACT N!. 7658 A+ ACT 5 '9!&!T!+: T9# #=5"'I=#+T 'C C9!"2 #+ &#"'A -/ I#A S 'C A:# !+ 5B&"!C A+2 5 !DAT# B+2# TAO!+:S, A=#+2!+: C' T9!S 5B 5'S# S#CT!'+ -., A T!C"# D!!! 'C R. A. 7610. Section 1. Section 12, Artic7e @III o' R. A. No. 7610 ot0er2i&e 8no2n 4& t0e FS1eci47 #rotection o' C0i73ren A94in&t C0i73 A5/&e, E;17oit4tion 4n3 i&cri6in4tion ActF i& 0ere5- 46en3e3 to re43 4& 'o77o2&: FSec. 12. E617o-6ent o' C0i73ren. J C0i73ren 5e7o2 'i'teen (15) -e4r& o' 49e &0477 not 5e e617o-e3 e;ce1t: (1) A0en 4 c0i73 2or8& 3irect7- /n3er t0e &o7e re&1on&i5i7it- o' 0i& 14rent& or 7e947 9/4r3i4n 4n3 20ere on7- 6e65er& o' t0e e617o-erB& '46i7- 4re e617o-e3: rovided+ ho$ever+ T04t 0i& e617o-6ent neit0er en34n9er& 0i& 7i'e, &4'et-, 0e47t0 4n3 6or47&, nor i614ir& 0i& nor647 3e.e7o16ent> rovided+ further+ T04t t0e 14rent or 7e947 9/4r3i4n &0477 1ro.i3e t0e &4i3 6inor c0i73 2it0 t0e 1re&cri5e3 1ri64r- 4n3Ior &econ34re3/c4tion> or (2) A0ere 4 c0i73B& e617o-6ent or 14rtici14tion in 1/57ic entert4in6ent or in'or64tion t0ro/90 cine64, t0e4ter, r43io or te7e.i&ion i& e&&enti47: rovided+ T0e e617o-6ent contr4ct i& conc7/3e3 5- t0e c0i73B& 14rent& or 7e947 9/4r3i4n, 2it0 t0e e;1re&& 49ree6ent o' t0e c0i73 concerne3, i' 1o&&i57e, 4n3 t0e 411ro.47 o' t0e e14rt6ent o' (45or 4n3 E617o-6ent: 4n3 rovided, T04t t0e
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1.

Poli y /#5e tives! ,A **(B! %e s. 60>

S#C. .. Declaration of Policy. - ! t is hereby declared the policy of the State to provide relevant, accessible, high quality and efficient technical education and s)ills development in support of the development of high quality Cilipino middle-level manpower responsive to and in accordance with 5hilippine development goals and priorities. The State shall encourage active participation of various concerned sectors, particularly private enterprises, being direct participants in and immediate beneficiaries of a trained and s)illed wor)force, in providing technical education and s)ills development opportunities. S#C. 4. +tatement of oals and &b,ectives. - !t is the goal and objective of this Act to; 5romote and strengthen the quality of technical education and s)ills development programs to attain international competitiveness<

'o77o2in9 re?/ire6ent& in 477 in&t4nce& 4re &trict7co617ie3 2it0: (4) T0e e617o-er &0477 en&/re t0e 1rotection, 0e47t0, &4'et-, 6or47& 4n3 nor647 3e.e7o16ent o' t0e c0i73> (5) T0e e617o-er &0477 in&tit/te 6e4&/re& to 1re.ent t0e c0i73B& e;17oit4tion or 3i&cri6in4tion t48in9 into 4cco/nt t0e &-&te6 4n3 7e.e7 o' re6/ner4tion, 4n3 t0e 3/r4tion 4n3 4rr4n9e6ent o' 2or8in9 ti6e> 4n3 (c) T0e e617o-er &0477 'or6/74te 4n3 i617e6ent, &/5<ect to t0e 411ro.47 4n3 &/1er.i&ion o' co61etent 4/t0oritie&, 4 contin/in9 1ro9r46 'or tr4inin9 4n3 &8i77& 4c?/i&ition o' t0e c0i73. In t0e 45o.e e;ce1tion47 c4&e& 20ere 4n- &/c0 c0i73 64- 5e e617o-e3, t0e e617o-er &0477 'ir&t &ec/re, 5e'ore en949in9 &/c0 c0i73, 4 2or8 1er6it 'ro6 t0e e14rt6ent o' (45or 4n3 E617o-6ent 20ic0 &0477 en&/re o5&er.4nce o' t0e 45o.e re?/ire6ent&. T0e e14rt6ent o' (45or 4n3 E617o-6ent &0477 1ro6/794te r/7e& 4n3 re9/74tion& nece&&4r- 'or t0e e''ecti.e i617e6ent4tion o' t0i& Section.F Sec. 2. A77 742&, 3ecree&, e;ec/ti.e or3er&, r/7e& 4n3 re9/74tion& or 14rt& t0ereo' contr4r- to, or incon&i&tent 2it0 t0i& Act 4re 0ere5- 6o3i'ie3 or re1e47e3 4ccor3in97-. Sec. 3. T0i& Act &0477 t48e e''ect 'i'teen (15) 34-& 4'ter it& co617ete 1/57ic4tion in t0e !''ici47 )4=ette or in 4t 7e4&t t2o (2) n4tion47 ne2&141er& or 9ener47 circ/74tion 20ic0e.er co6e& e4r7ier. Approved9 No.e65er 9, 1993
d. Allowed E$ploy$ent< ,e?uire$ent Progra$ Approval 9itto Enterprises v. 9L,C! 6@) %C,A B@A ('((@)

e.

"er$s and Conditions of E$ploy$ent! Art. B'! *6

A T. 3-. Contents of apprenticeship agreements. Apprenticeship agreements, including the wage rates of apprentices, shall conform to the rules issued by the Secretary of "abor and #mployment. The period of apprenticeship shall not e*ceed si* months. Apprenticeship agreements providing for wage rates below the legal minimum wage, which in no case shall start below 6/ percent of the applicable minimum wage, may be entered into only in accordance with apprenticeship programs duly approved by the Secretary of "abor and #mployment. The 2epartment shall develop standard model programs of apprenticeship. ,As amended by Section -, #*ecutive 'rder +o. ---, 2ecember .0, -8>31. A T. 6.. Apprentices #ithout compensation. - The Secretary of "abor and #mployment may authori(e the hiring of apprentices without compensation whose training on the job is required by the school or training program curriculum or as requisite for graduation or board e*amination.
>. Costs! Art. *'

A T. 6-. Deductibility of training costs. - An additional deduction from ta*able income of one-half ,-H.1 of the value of labor training e*penses incurred for developing the productivity and efficiency of apprentices shall be granted to the person or enterprise organi(ing an apprenticeship program; 5rovided, That such program is duly recogni(ed by the 2epartment of "abor and #mployment; 5rovided, further, That such deduction shall not e*ceed ten ,-7K1 percent of direct labor wage; and 5rovided, finally, That the person or enterprise who wishes to avail himself or itself of this incentive should pay his apprentices the minimum wage.
A. Enfor e$ent! Arts. B@! BB! B*

A T. 3/. (nvestigation of violation of apprenticeship agreement. - Bpon complaint of any interested person or upon its own initiative, the appropriate agency of the 2epartment of "abor and #mployment or its authori(ed representative shall investigate any violation of an apprenticeship agreement pursuant to such rules and regulations as may be prescribed by the Secretary of "abor and #mployment. A T. 33. Appeal to the +ecretary of Labor and )mployment. - The decision of the authori(ed agency of the 2epartment of "abor and #mployment may be appealed by any aggrieved person to the Secretary of "abor and #mployment within five ,/1 days from receipt of the decision. The decision of the Secretary of "abor and #mployment shall be final and e*ecutory. A T. 36. )4haustion of administrative remedies. - +o person shall institute any action for the enforcement of any apprenticeship agreement or damages for breach of any such agreement, unless he has e*hausted all available administrative remedies.
@. a. Learners Definition! ,A **(B! %e . A

,n1 F"earnersM refer to persons hired as trainees in semis)ills and other industrial occupations which are nonDu$an C La#or + C Prof. Battad C Page @*

apprenticeable. "earnersship programs must be approved by the Authority<


#. Allowed E$ploy$ent! Art. *A (#)

A T. 60. %hen learners may be hired. - "earners may be employed when no e*perienced wor)ers are available, the employment of learners is necessary to prevent curtailment of employment opportunities, and the employment does not create unfair competition in terms of labor costs or impair or lower wor)ing standards.
. "er$s and Conditions of E$ploy$ent! Arts. *@! *B

(3) +4n3ic41 re'er& to 4 3i&43.4nt49e 'or 4 9i.en in3i.i3/47, re&/7tin9 'ro6 4n i614ir6ent or 4 3i&45i7it-, t04t 7i6it& or 1re.ent& t0e '/nction or 4cti.it-, t04t i& con&i3ere3 nor647 9i.en t0e 49e 4n3 &e; o' t0e in3i.i3/47>

#.

Poli y De laration! ,A *6**! %e . 6

A T. 6/. Learnership agreement. - Any employer desiring to employ learners shall enter into a learnership agreement with them, which agreement shall include; ,a1 The names and addresses of the learners< ,b1 The duration of the learnership period, which shall not e*ceed three ,41 months< ,c1 The wages or salary rates of the learners which shall begin at not less than seventy-five percent ,6/K1 of the applicable minimum wage< and ,d1 A commitment to employ the learners if they so desire, as regular employees upon completion of the learnership. All learners who have been allowed or suffered to wor) during the first two ,.1 months shall be deemed regular employees if training is terminated by the employer before the end of the stipulated period through no fault of the learners. The learnership agreement shall be subject to inspection by the Secretary of "abor and #mployment or his duly authori(ed representative. A T. 63. Learners in piece#or-. - "earners employed in piece or incentive-rate jobs during the training period shall be paid in full for the wor) done.
B. a. Differently0A#led 4or3er (.andi apped)! ,A *6** Definition! ,A *6**! %e . A (a) (#) ( ) (d)

Sec. 2. ec74r4tion o' #o7ic- J T0e 9r4nt o' t0e ri90t& 4n3 1ri.i7e9e& 'or 3i&457e3 1er&on& &0477 5e 9/i3e3 5- t0e 'o77o2in9 1rinci17e&: (4) i&457e3 1er&on& 4re 14rt o' #0i7i11ine &ociet-, t0/& t0e St4te &0477 9i.e '/77 &/11ort to t0e i61ro.e6ent o' t0e tot47 2e77%5ein9 o' 3i&457e3 1er&on& 4n3 t0eir inte9r4tion into t0e 64in&tre46 o' &ociet-. To24r3 t0i& en3, t0e St4te &0477 43o1t 1o7icie& en&/rin9 t0e re045i7it4tion, &e7'%3e.e7o16ent 4n3 &e7'%re7i4nce o' 3i&457e3 1er&on&. It &0477 3e.e7o1 t0eir &8i77& 4n3 1otenti47& to en457e t0e6 to co61ete '4.or457- 'or 4.4i7457e o11ort/nitie&. (5) i&457e3 1er&on& 04.e t0e &46e ri90t& 4& ot0er 1eo17e to t48e t0eir 1ro1er 174ce in &ociet-. T0e- &0o/73 5e 457e to 7i.e 'ree7- 4n3 4& in3e1en3ent7- 4& 1o&&i57e. T0i& 6/&t 5e t0e concern o' e.er-one J t0e '46i7-, co66/nit- 4n3 477 9o.ern6ent 4n3 non9o.ern6ent or94ni=4tion&. i&457e3 1er&on&B ri90t& 6/&t ne.er 5e 1ercei.e3 4& 2e7'4re &er.ice& 5- t0e )o.ern6ent. (c) T0e re045i7it4tion o' t0e 3i&457e3 1er&on& &0477 5e t0e concern o' t0e )o.ern6ent in or3er to 'o&ter t0eir c414cit- to 4tt4in 4 6ore 6e4nin9'/7, 1ro3/cti.e 4n3 &4ti&'-in9 7i'e. To re4c0 o/t to 4 9re4ter n/65er o' 3i&457e3 1er&on&, t0e re045i7it4tion &er.ice& 4n3 5ene'it& &0477 5e e;14n3e3 5e-on3 t0e tr43ition47 /r54n%54&e3 center& to co66/nit- 54&e3 1ro9r46&, t04t 2i77 en&/re '/77 14rtici14tion o' 3i''erent &ector& 4& &/11orte3 5- n4tion47 4n3 7oc47 9o.ern6ent 49encie&. (3) T0e St4te 47&o reco9ni=e& t0e ro7e o' t0e 1ri.4te &ector in 1ro6otin9 t0e 2e7'4re o' 3i&457e3 1er&on& 4n3 &0477 enco/r49e 14rtner&0i1 in 1ro9r46& t04t 433re&& t0eir nee3& 4n3 concern&. (e) To '4ci7it4te inte9r4tion o' 3i&457e3 1er&on& into t0e 64in&tre46 o' &ociet-, t0e St4te &0477 43.oc4te 'or 4n3 enco/r49e re&1ect 'or 3i&457e3 1er&on&. T0e St4te &0477 e;ert 477 e''ort& to re6o.e 477 &oci47, c/7t/r47, econo6ic, en.iron6ent47 4n3 4ttit/3in47 54rrier& t04t 4re 1re</3ici47 to 3i&457e3 1er&on&.
. Coverage! ,A *6**! %e . >

Sec. 4. e'inition o' Ter6&. J *or 1/r1o&e& o' t0i& Act, t0e&e ter6& 4re 3e'ine3 4& 'o77o2&: (4) i&457e3 1er&on& 4re t0o&e &/''erin9 'ro6 re&triction or 3i''erent 45i7itie&, 4& 4 re&/7t o' 4 6ent47, 10-&ic47 or &en&or- i614ir6ent, to 1er'or6 4n 4cti.it- in t0e 64nner or 2it0in t0e r4n9e con&i3ere3 nor647 'or 4 0/64n 5ein9> (5) I614ir6ent i& 4n- 7o&&, 3i6in/tion or 45err4tion o' 1&-c0o7o9ic47, 10-&io7o9ic47, or 4n4to6ic47 &tr/ct/re or '/nction> (c) i&45i7it- &0477 6e4n 1) 4 10-&ic47 or 6ent47 i614ir6ent t04t &/5&t4nti477- 7i6it& one or 6ore 1&-c0o7o9ic47, 10-&io7o9ic47 or 4n4to6ic47 '/nction o' 4n in3i.i3/47 or 4cti.itie& o' &/c0 in3i.i3/47> 2) 4 recor3 o' &/c0 4n i614ir6ent> or 3) 5ein9 re94r3e3 4& 04.in9 &/c0 4n i614ir6ent>

Sec. 3. Co.er49e. J T0i& Act &0477 co.er 477 3i&457e3 1er&on& 4n3, to t0e e;tent 0erein 1ro.i3e3, 3e14rt6ent&, o''ice& 4n3 49encie& o' t0e N4tion47 )o.ern6ent or non9o.ern6ent or94ni=4tion& in.o7.e3 in t0e 4tt4in6ent o' t0e o5<ecti.e& o' t0i& Act.
d. ,ights and Privileges! ,A *6**! %e s. @! B! * Du$an C La#or + C Prof. Battad C Page @)

Sec. 5. E?/47 !11ort/nit- 'or E617o-6ent. J No 3i&457e 1er&on &0477 5e 3enie3 4cce&& to o11ort/nitie& 'or &/it457e e617o-6ent. A ?/47i'ie3 3i&457e3 e617o-ee &0477 5e &/5<ect to t0e &46e ter6& 4n3 con3ition& o' e617o-6ent 4n3 t0e &46e co61en&4tion, 1ri.i7e9e&, 5ene'it&, 'rin9e 5ene'it&, incenti.e& or 477o24nce& 4& 4 ?/47i'ie3 457e 5o3ie3 1er&on. *i.e 1ercent (5K) o' 477 c4&/47 e6er9enc- 4n3 contr4ct/47 1o&ition& in t0e e14rt6ent& o' Soci47 Ae7'4re 4n3 e.e7o16ent> +e47t0> E3/c4tion, C/7t/re 4n3 S1ort&> 4n3 ot0er 9o.ern6ent 49encie&, o''ice& or cor1or4tion& en949e3 in &oci47 3e.e7o16ent &0477 5e re&er.e3 'or 3i&457e3 1er&on&. Sec. 6. S0e7tere3 E617o-6ent J I' &/it457e e617o-6ent 'or 3i&457e3 1er&on& c4nnot 5e 'o/n3 t0ro/90 o1en e617o-6ent 4& 1ro.i3e3 in t0e i66e3i4te7- 1rece3in9 Section, t0e St4te &0477 en3e4.or to 1ro.i3e it 5- 6e4n& o' &0e7tere3 e617o-6ent. In t0e 174ce6ent o' 3i&457e3 1er&on& in &0e7tere3 e617o-6ent, it &0477 4ccor3 3/e re94r3 to t0e in3i.i3/47 ?/47itie&, .oc4tion47 9o47& 4n3 inc7in4tion& to en&/re 4 9oo3 2or8in9 4t6o&10ere 4n3 e''icient 1ro3/ction. Sec. 7. A11rentice&0i1. J S/5<ect to t0e 1ro.i&ion& o' t0e (45or Co3e 4& 46en3e3, 3i&457e3 1er&on& &0477 5e e7i9i57e 4& 411rentice& or 7e4rner&: #ro.i3e3, T04t t0eir 04n3ic41 i& not 4& 6/c0 4& to e''ecti.e7- i61e3e t0e 1er'or64nce o' <o5 o1er4tion& in t0e 14rtic/74r occ/14tion 'or 20ic0 t0e- 4re 0ire3> #ro.i3e3, '/rt0er, T04t 4'ter t0e 741&e o' t0e 1erio3 o' 411rentice&0i1, i' 'o/n3 &4ti&'4ctor- in t0e <o5 1er'or64nce, t0e- &0477 5e e7i9i57e 'or e617o-6ent.

e.

Dis ri$ination! ,A *6**! %e s. >6! >>

Sec. 32. i&cri6in4tion on E617o-6ent. J No entit-, 20et0er 1/57ic or 1ri.4te, &0477 3i&cri6in4te 494in&t 4 ?/47i'ie3 3i&457e3 1er&on 5- re4&on o' 3i&45i7it- in re94r3 to <o5 4117ic4tion 1roce3/re&, t0e 0irin9, 1ro6otion, or 3i&c04r9e o' e617o-ee&, e617o-ee co61en&4tion, <o5 tr4inin9, 4n3 ot0er ter6&, con3ition&, 4n3 1ri.i7e9e& o' e617o-6ent. T0e 'o77o2in9 con&tit/te 4ct& o' 3i&cri6in4tion: (4) (i6itin9, &e9re94tin9 or c74&&i'-in9 4 3i&457e3 <o5 4117ic4nt in &/c0 4 64nner t04t 43.er&e74''ect& 0i& 2or8 o11ort/nitie&> (5) "&in9 ?/47i'ic4tion &t4n34r3&, e617o-6ent te&t& or ot0er &e7ection criteri4 t04t &creen o/t or ten3 to &creen o/t 4 3i&457e3 1er&on /n7e&& &/c0 &t4n34r3&, te&t& or ot0er &e7ection criteri4 4re &0o2n to 5e <o5%re74te3 'or t0e 1o&ition in ?/e&tion 4n3 4re con&i&tent 2it0 5/&ine&& nece&&it-> (c) "ti7i=in9 &t4n34r3&, criteri4, or 6et0o3& o' 436ini&tr4tion t04t: (1) 04.e t0e e''ect o' 3i&cri6in4tion on t0e 54&i& o' 3i&45i7it-> or (2) 1er1et/4te t0e 3i&cri6in4tion o' ot0er& 20o 4re &/5<ect to co66on 436ini&tr4ti.e contro7. (3) #ro.i3in9 7e&& co61en&4tion, &/c0 4& &474r-, 249e or ot0er 'or6& o' re6/ner4tion 4n3 'rin9e 5ene'it&, to 4 ?/47i'ie3 3i&457e3 e617o-ee, 5re4&on o' 0i& 3i&45i7it-, t04n t0e 46o/nt to 20ic0 4 non%3i&457e3 1er&on 1er'or6in9 t0e &46e 2or8 i& entit7e3> (e) *4.orin9 4 non%3i&457e3 e617o-ee o.er 4 ?/47i'ie3 3i&457e3 e617o-ee 2it0 re&1ect to 1ro6otion, tr4inin9 o11ort/nitie&, &t/3- 4n3 &c0o74r&0i1 9r4nt&, &o7e7- on 4cco/nt o' t0e 74tterB& 3i&45i7it-> (') Re%4&&i9nin9 or tr4n&'errin9 4 3i&457e3 e617o-ee to 4 <o5 or 1o&ition 0e c4nnot 1er'or6 5- re4&on o' 0i& 3i&45i7it-> (9) i&6i&&in9 or ter6in4tin9 t0e &er.ice& o' 4 3i&457e3 e617o-ee 5- re4&on o' 0i& 3i&45i7it/n7e&& t0e e617o-er c4n 1ro.e t04t 0e i614ir& t0e &4ti&'4ctor- 1er'or64nce o' t0e 2or8 in.o7.e3 to t0e 1re</3ice o' t0e 5/&ine&& entit-: #ro.i3e3, 0o2e.er, T04t t0e e617o-er 'ir&t &o/90t to 1ro.i3e re4&on457e 4cco66o34tion& 'or 3i&457e3 1er&on&> (0) *4i7in9 to &e7ect or 436ini&ter in t0e 6o&t e''ecti.e 64nner e617o-6ent te&t& 20ic0 4cc/r4te7- re'7ect t0e &8i77&, 41tit/3e or ot0er '4ctor o' t0e 3i&457e3 4117ic4nt or e617o-ee t04t &/c0 te&t& 1/r1ort& to 6e4&/re, r4t0er t04n t0e i614ire3 &en&or-, 64n/47 or &1e48in9 &8i77& o' &/c0 4117ic4nt or e617o-ee, i' 4n-> 4n3 (i) E;c7/3in9 3i&457e3 1er&on& 'ro6 6e65er&0i1 in 745or /nion& or &i6i74r or94ni=4tion&.
Du$an C La#or + C Prof. Battad C Page @(

Bernardo v. 9L,C - KEB"C! >'; %C,A ')B ('((()

Sec. 33. E617o-6ent Entr4nce E;46in4tion. J "1on 4n o''er o' e617o-6ent, 4 3i&457e3 4117ic4nt 64- 5e &/5<ecte3 to 6e3ic47 e;46in4tion, on t0e 'o77o2in9 occ4&ion&: (4) 477 enterin9 e617o-ee& 4re &/5<ecte3 to &/c0 4n e;46in4tion re94r37e&& o' 3i&45i7it-> (5) in'or64tion o5t4ine3 3/rin9 t0e 6e3ic47 con3ition or 0i&tor- o' t0e 4117ic4nt i& co77ecte3 4n3 64int4ine3 on &e14r4te 'or6& 4n3 in &e14r4te 6e3ic47 'i7e& 4n3 i& tre4te3 4& 4 con'i3enti47 6e3ic47 recor3> #ro.i3e3, 0o2e.er, T04t: (1) &/1er.i&or& 4n3 64n49er& 64- 5e in'or6e3 re94r3in9 nece&&4r- re&triction& on t0e 2or8 or 3/tie& o' t0e e617o-ee& 4n3 nece&&4r4cco66o34tion&> (2) 'ir&t 4i3 4n3 &4'et- 1er&onne7 64- 5e in'or6e3, 20en 411ro1ri4te, i' t0e 3i&45i7it- 64- re?/ire e6er9enc- tre4t6ent> (3) 9o.ern6ent o''ici47& in.e&ti94tin9 co617i4nce 2it0 t0i& Act &0477 5e 1ro.i3e3 re7e.4nt in'or64tion on re?/e&t> 4n3 (4) t0e re&/7t& o' &/c0 e;46in4tion 4re /&e3 on7in 4ccor34nce 2it0 t0i& Act.
f. Enfor e$ent! %e s. AA! A@! AB

e;cee3in9 !ne 0/n3re3 t0o/&4n3 1e&o& (#100,000.00) or i61ri&on6ent o' not 7e&& t04n &i; (6) 6ont0& 5/t not 6ore t04n t2o (2) -e4r&, or 5ot0 4t t0e 3i&cretion o' t0e co/rt> 4n3 (2) 'or 4n- &/5&e?/ent .io74tion, 4 'ine o' not 7e&& t04n !ne 0/n3re3 t0o/&4n3 1e&o& (#100,000.00) 5/t not e;cee3in9 T2o 0/n3re3 t0o/&4n3 1e&o& (#200,000.00) or i61ri&on6ent 'or not 7e&& t04n t2o (2) -e4r& 5/t not 6ore t04n &i; (6) -e4r&, or 5ot0 4t t0e 3i&cretion o' t0e co/rt. (5) An- 1er&on 20o 45/&e& t0e 1ri.i7e9e& 9r4nte3 0erein &0477 5e 1/ni&0e3 2it0 i61ri&on6ent o' not 7e&& t04n &i; (6) 6ont0& or 4 'ine o' not 7e&& t04n *i.e t0o/&4n3 1e&o& (#5,000.00), 5/t not 6ore t04n *i't- t0o/&4n3 1e&o& (#50,000.00), or 5ot0, 4t t0e 3i&cretion o' t0e co/rt. (c) I' t0e .io74tor i& 4 cor1or4tion, or94ni=4tion or 4n- &i6i74r entit-, t0e o''ici47& t0ereo' 3irect7in.o7.e3 &0477 5e 7i457e t0ere'or. (3) I' t0e .io74tor i& 4n 47ien or 4 'orei9ner, 0e &0477 5e 3e1orte3 i66e3i4te7- 4'ter &er.ice o' &entence 2it0o/t '/rt0er 3e1ort4tion 1rocee3in9&.
9/"E%8

Sec. 44. En'orce6ent 5- t0e Secret4r- o' C/&tice. J (4) eni47 o' Ri90t (1) /t- to In.e&ti94te J t0e Secret4r- o' C/&tice &0477 in.e&ti94te 477e9e3 .io74tion& o' t0i& Act, 4n3 &0477 /n3ert48e 1erio3ic re.ie2& o' co617i4nce o' co.ere3 entitie& /n3er t0i& Act. (5) #otenti47 @io74tion& J I' t0e Secret4r- o' C/&tice 04& re4&on457e c4/&e to 5e7ie.e t04t J (1) 4n- 1er&on or 9ro/1 o' 1er&on& i& en949e3 in 4 14ttern or 1r4ctice o' 3i&cri6in4tion /n3er t0i& Act> or (2) 4n- 1er&on or 9ro/1 or 1er&on& 04& 5een 3i&cri6in4te3 494in&t /n3er t0i& Act 4n3 &/c0 3i&cri6in4tion r4i&e& 4n i&&/e o' 9ener47 1/57ic i61ort4nce, t0e Secret4r- o' C/&tice 64co66ence 4 7e947 4ction in 4n- 411ro1ri4te co/rt. Sec. 45. A/t0orit- o' Co/rt. J T0e co/rt 649r4nt 4n- e?/it457e re7ie' t04t &/c0 co/rt con&i3er& to 5e 411ro1ri4te, inc7/3in9, to t0e e;tent re?/ire3 5- t0i& Act: (4) 9r4ntin9 te61or4r-, 1re7i6in4r- or 1er64nent re7ie'> (5) 1ro.i3in9 4n 4/;i7i4r- 4i3 or &er.ice, 6o3i'ic4tion o' 1o7ic-, 1r4ctice or 1roce3/re, or 47tern4ti.e 6et0o3> 4n3 (c) 648in9 '4ci7itie& re43i7- 4cce&&i57e to 4n3 /&457e 5- in3i.i3/47& 2it0 3i&45i7itie&. Sec. 46. #en47 C74/&e. J (4) An- 1er&on 20o .io74te& 4n- 1ro.i&ion o' t0i& Act &0477 &/''er t0e 'o77o2in9 1en47tie&: (1) 'or t0e 'ir&t .io74tion, 4 'ine o' not 7e&& t04n *i't- t0o/&4n3 1e&o& (#50,000.00) 5/t not

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Du$an C La#or + C Prof. Battad C Page B;

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?#$%+: Alien E$ploy$ent ,egulation ,eferen e8 Arts. '6 (e)! A;0A6< /$ni#us ,ules! Boo3 +! ,ule =+:! D/ '6! 'B 9ov. 6;;'< /$ni#us 1uidelines for +ssuan e of E$ploy$ent Per$its to Koreign 9ationals)< Const.! Art. =++! %e . '6 L#$%r %*e Art. '6 (e) "o regulate the e$ploy$ent of aliens! in luding the esta#lish$ent of a registration andCor wor3 per$it syste$< A,". A;. Emplo ment permit of non!resident aliens. 0 Any alien see3ing ad$ission to the Philippines for e$ploy$ent purposes and any do$esti or foreign e$ployer who desires to engage an alien for e$ploy$ent in the Philippines shall o#tain an e$ploy$ent per$it fro$ the Depart$ent of La#or. "he e$ploy$ent per$it $ay #e issued to a non0 resident alien or to the appli ant e$ployer after a deter$ination of the non0availa#ility of a person in the Philippines who is o$petent! a#le and willing at the ti$e of appli ation to perfor$ the servi es for whi h the alien is desired. Kor an enterprise registered in preferred areas of invest$ents! said e$ploy$ent per$it $ay #e issued upon re o$$endation of the govern$ent agen y harged with the supervision of said registered enterprise. A,". A'. Prohi"ition against transfer of emplo ment. 0 (a) After the issuan e of an e$ploy$ent per$it! the alien shall not transfer to another 5o# or hange his e$ployer without prior approval of the %e retary of La#or. (#) Any non0resident alien who shall ta3e up e$ploy$ent in violation of the provision of this "itle and its i$ple$enting rules and regulations shall #e punished in a ordan e with the provisions of Arti les 6)( and 6(; of the La#or Code. +n addition! the alien wor3er shall #e su#5e t to deportation after servi e of his senten e. A,". A6. Su"mission of list. 0 Any e$ployer e$ploying non0resident foreign nationals on the effe tive date of this Code shall su#$it a list of su h nationals to the %e retary of La#or within thirty (>;) days after su h date indi ating their na$es! itizenship! foreign and lo al addresses! nature of e$ploy$ent and status of stay in the ountry. "he %e retary of La#or shall then deter$ine if they are entitled to an e$ploy$ent per$it. Om&,$.s R.+es, B%%B !, R.+e X!8 ,ULE =+: E$ploy$ent of Aliens

%EC"+/9 '. Coverage. O "his ,ule shall apply to all aliens e$ployed or see3ing e$ploy$ent in the Philippines! and their present or prospe tive e$ployers. %EC"+/9 6. %u#$ission of list. O All e$ployers e$ploying foreign nationals! whether resident or non0resident shall su#$it a list of su h nationals to the Bureau indi ating their na$es! itizenship! foreign and lo al addresses< nature of e$ploy$ent and status of stay in the Philippines. %EC"+/9 >. ,egistration of resident aliens. O All e$ployed resident aliens shall register with the Bureau under su h guidelines as $ay #e issued #y it. %EC"+/9 A. E$ploy$ent per$it re?uired for entry. O 9o alien see3ing e$ploy$ent! whether on resident or non0resident status! $ay enter the Philippines without first se uring an e$ploy$ent per$it fro$ the Depart$ent of La#or and E$ploy$ent. +f an alien enters the ountry under a non0wor3ing visa and wishes to #e e$ployed thereafter! he $ay only #e allowed to #e e$ployed upon presentation of a duly approved e$ploy$ent per$it. %EC"+/9 @. ,e?uire$ents for e$ploy$ent per$it appli ation. O "he appli ation for an e$ploy$ent per$it shall #e a o$panied #y the following8 (a) Curri ulu$ vitae duly signed #y the indi ating his edu ational #a 3ground! e2perien e and other data showing possesses high te hni al s3ills in his profession< appli ant his wor3 that he trade or

(#) Contra t of e$ploy$ent #etween the e$ployer and the prin ipal whi h shall e$#ody the following! a$ong others8 (') "hat the non0resident alien wor3er shall o$ply with all appli a#le laws and rules and regulations of the Philippines< (6) "hat the non0resident alien wor3er and the e$ployer shall #ind the$selves to train at least two (6) Kilipino understudies for a period to #e deter$ined #y the %e retary of La#or and E$ploy$ent< and (>) "hat he shall not engage in any gainful e$ploy$ent other than that for whi h he was issued a per$it. ( ) A designation #y the e$ployer of at least two (6) understudies for every alien wor3er. %u h understudies $ust #e the $ost ran3ing regular e$ployees in the se tion or depart$ent for whi h the e2patriates are #eing hired to ensure the a tual transfer of te hnology. %EC"+/9 B. +ssuan es of e$ploy$ent per$it. O "he %e retary of La#or and E$ploy$ent $ay issue an e$ploy$ent per$it to the appli ant #ased on8 a) Co$plian e #y the appli ant and his e$ployer with the re?uire$ents of %e tion 6 hereof< #) ,eport of the Bureau Dire tor as to the availa#ility or non0availa#ility of any person in the Philippines who is o$petent! a#le! and willing to do the 5o# for whi h the servi es of the appli ant are desired< ) .is assess$ent as to whether or not the e$ploy$ent of the appli ant will redound to the national interest< Du$an C La#or + C Prof. Battad C Page B'

d) Ad$issi#ility of the alien as ertified #y the Co$$ission on +$$igration and Deportation< e) "he re o$$endation of the Board of +nvest$ents or other appropriate govern$ent agen ies if the appli ant will #e e$ployed in preferred areas of invest$ents or in a ordan e with i$peratives of e ono$i develop$ents< and f) Pay$ents of a P';;.;; fee. %EC"+/9 *. Duration of e$ploy$ent per$it. O %u#5e t to renewal upon showing of good ause! the e$ploy$ent per$it shall #e valid for a $ini$u$ period of one (') year starting fro$ the date of its issuan e unless sooner revo3ed #y the %e retary of La#or and E$ploy$ent for violation of any provisions of the Code or of these ,ules. %EC"+/9 ). Advi e to Co$$ission on +$$igration and Deportation. O "he Bureau shall advi e the Co$$ission on +$$igration and Deportation on the issuan e of an e$ploy$ent per$it to an appli ant. %EC"+/9 (. Understudy "raining Progra$. O "he e$ployer shall su#$it a training progra$ for his understudies to the Bureau within thirty (>;) days upon arrival of the alien wor3ers. "he supervision of the training progra$ shall #e the responsi#ility of the Bureau and shall #e in a ordan e with standards esta#lished #y the %e retary of La#or and E$ploy$ent. Om&,$.s G.,*e+,&es 4%r !ss.#&'e %4 Em(+%:me&t 5erm,ts t% F%re,/& N#t,%&#+s CDO 12, N%;em$er 12, 2001"

1.4. A9encie&, or94ni=4tion& or in3i.i3/47& 20et0er 1/57ic or 1ri.4te, 20o &ec/re t0e &er.ice& o' 'orei9n 1ro'e&&ion47& to 1r4ctice t0eir 1ro'e&&ion& in t0e #0i7i11ine& in t0e #0i7i11ine& /n3er reci1rocit- 4n3 ot0er intern4tion47 49ree6ent&> 1.5. Non%In3o%C0ine&e Re'/9ee& 20o 4re 4&-7/6 &ee8er& 4n3 9i.en re'/9ee &t4t/& 5- t0e "nite3 N4tion& +i90 Co66i&&ioner on Re'/9ee& ("N+CR) or t0e e14rt6ent o' C/&tice /n3er !C e14rt6ent !r3er No. 94, &erie& o' 1998> 1.6. Re&i3ent 'orei9n n4tion47& &ee8in9 e617o-6ent in t0e #0i7i11ine&. :. "#emption. T0e 'o77o2in9 c4te9orie& o' 'orei9n n4tion47& 4re e;e61t 'ro6 &ec/rin9 4n e617o-6ent 1er6it in or3er to 2or8 in t0e #0i7i11ine&. 2.1 A77 6e65er& o' t0e 3i17o64tic &er.ice& 4n3 'orei9n 9o.ern6ent o''ici47& 4ccre3ite3 5- t0e #0i7i11ine )o.ern6ent> 2.2 !''icer& 4n3 &t4'' o' intern4tion47 or94ni=4tion& o' 20ic0 t0e #0i7i11ine 9o.ern6ent i& 4 coo1er4tin9 6e65er, 4n3 t0eir 7e9iti64te &1o/&e 3e&irin9 to 2or8 in t0e #0i7i11ine&> 2.3 *orei9n n4tion47& e7ecte3 4& 6e65er& o' t0e )o.ernin9 5o4r3 20o 3o not occ/1- 4n- ot0er 1o&ition, 5/t 04.e on7- .otin9 ri90t& in t0e cor1or4tion> 4n3 2.4 A77 'orei9n n4tion47& 9r4nte3 e;e61tion 5&1eci47 742& 4n3 477 ot0er 742& t04t 64- 5e 1ro6/794te3 5- t0e Con9re&&. Rule 00 rocedures in the rocessing of Applications for A" 1. A77 'orei9n n4tion47& &ee8in9 e617o-6ent in t0e #0i7i11ine& /n3er R/7e 1 0ereo' or t0eir 1ro&1ecti.e e617o-er&, &0477 'i7e t0eir 4117ic4tion& 2it0 t0e !(E Re9ion47 !''ice 04.in9 </ri&3iction o.er t0e inten3e3 174ce o' 2or8. 2. &ees % T0e 4117ic4nt &0477 14- 'i7in9, 1/57ic4tion 4n3 1er6it 'ee& in t0e 46o/nt o' Ei90t t0o/&4n3 1e&o& (#8,000.00) 'or e4c0 4117ic4tion 'or AE# 2it0 4 .47i3it- o' one (1) -e4r. T0ree t0o/&4n3 1e&o& (#3,000.00) &0477 5e c04r9e3 'or e.er433ition47 -e4r o' .47i3it- or 4 'r4ction t0ereo'. 3. An AE# &0477 5e i&&/e3 54&e3 on t0e 'o77o2in9: 3.1. Co617i4nce 5-e t0e 4117ic4nt e617o-er or t0e 'orei9n n4tion47 2it0 t0e &/5&t4nti.e 4n3 3oc/6ent4rre?/ire6ent&> 3.2. eter6in4tion o' t0e !(E Secret4r- t04t t0ere i& no *i7i1ino n4tion47 20o i& co61etent, 457e 4n3 2i77in9 to 3o t0e <o5 'or 20ic0 t0e &er.ice& o' t0e 4117ic4nt i& 3e&ire3> 3.3. A&&e&&6ent o' t0e !(E Secret4r- t04t t0e e617o-6ent o' t0e 'orei9n n4tion47 2i77 re3o/n3 to n4tion47 5ene'it> 4. Denial of Application for A" % An 4117ic4tion 'or AE# 64- 5e 3enie3 54&e3 on t0e 9ro/n3 o' non%co617i4nce 2it0 4n- o' t0e re?/ire6ent& 'or i&&/4nce o' AE# or 'or 6i&re1re&ent4tion o' '4ct& in t0e 4117ic4tion or &/56i&&ion o' '47&i'ie3 or t461ere3 3oc/6ent&.
Du$an C La#or + C Prof. Battad C Page B6

E#ART$ENT !R ER N!. 12 (Serie& o' 2001) . . !$NI,"S )"I E(INES *!R T+E ISS"ANCE !* E$#(!D$ENT #ER$ITS T! *!REI)N NATI!NA(S. . . #/r&/4nt to t0e 1ro.i&ion& o' Artic7e& 5 4n3 40 o' #. . 442, 4& 46en3e3, t0e 1ro.i&ion& o' R/7e XI@, ,oo8 I o' it& I617e6entin9 R/7e& 4n3 Re9/74tion&, Section 17(5), C041ter 4, Tit7e @II o' t0e A36ini&tr4ti.e Co3e o' 1987, t0e 'o77o2in9 !6ni5/& )/i3e7ine& 'or t0e i&&/4nce o' E617o-6ent #er6it& 4re 0ere5- 1ro6/794te3: Rule 0 Coverage and "#emption 1. The follo$ing shall apply for Alien "mployment ermit 3A" 49 1.1. A77 'orei9n n4tion47& &ee8in9 436i&&ion to t0e #0i7i11ine& 'or t0e 1/r1o&e o' e617o-6ent> 1.2. $i&&ion4rie& or re7i9io/& 2or8er& 20o inten3 to en949e in 94in'/7 e617o-6ent> 1.3. +o73er& o' S1eci47 In.e&tor& Re&i3ent @i&4 (SIR@), S1eci47 Retiree& Re&i3ent @i&4 (SRR@), Tre4t- Tr43er& @i&4 (93) or S1eci47 Non%i66i9r4nt @i&4 (47(4)2), 20o occ/1- 4n- e;ec/ti.e, 43.i&or-, &/1er.i&or-, or tec0nic47 1o&ition in 4ne&t457i&06ent>

*orei9n n4tion47& 20o&e 4117ic4tion& 04.e 5een 3enie3 &0477 not 5e 477o2e3 to re%4117- in 4n- o' t0e !(E Re9ion47 !''ice&. 5. Rene$al of ermit % An 4117ic4tion 'or rene247 o' AE# &0477 5e 'i7e3 4t 7e4&t 'i'teen (15) 34-& 5e'ore it& e;1ir4tion. *or e7ecti.e o''icer&, 4117ic4tion& 'or rene247 &0477 5e 'i7e3 /1on e7ection or 4t 7e4&t t0irt- (30) 34-& 5e'ore t0e e''ecti.it- o' t0e 4117ic4ntB& ter6 o' o''ice i' t0e &/ccee3in9 ter6 o' o''ice i& 4&cert4ine3. *4i7/re to 'i7e t0e 4117ic4tion 'or rene247 o' 1er6it 2it0in t0e 1re&cri5e3 1erio3 &0477 5e &/5<ect to 'ine& o' *i.e T0o/&4n3 #e&o& (5,000.00), i' 'i7e3 2it0in &i; (6) 6ont0& 4'ter t0e 1re&cri5e3 1erio3 4n3 Ten T0o/&4n3 #e&o& (10,000.00), i' 'i7e3 4'ter &i; (6) 6ont0&. *4i7/re to rene2 t0e AE# 2it0in one (1) -e4r 4'ter it& e;1ir4tion &0477 5e 4 c4/&e 'or it& re.oc4tion or c4nce774tion. 6. T0e e617o-er &0477 noti'- t0e !(E%R! 20ic0 i&&/e3 t0e 1er6it o' t0e 34te o' t0e 4&&/61tion to 3/t- o' t0e 'orei9n n4tion47 2it0in t0irt- (30) 34-& 'ro6 i&&/4nce o' t0e 1er6it. 7. 7alidity of ermits % T0e .47i3it- o' 1er6it& &0477 5e 4& 'o77o2&: 7.1. A& 4 9ener47 r/7e, t0e .47i3it- o' 1er6it& &0477 5e 'or 4 1erio3 o' one (1) -e4r, /n7e&& t0e e617o-6ent contr4ct, con&/7t4nc- &er.ice&, or ot0er 6o3e& o' en949e6ent or ter6 o' o''ice 'or e7ecti.e o''icer&, 1ro.i3e& 'or 4 7on9er 1erio3. 7.2. T0e e''ecti.it- o' t0e rene247 &0477 5e on t0e 34- 4'ter t0e e;1ir4tion o' t0e 1re.io/& 1er6it, re94r37e&& o' 20et0er or not t0e rene247 i& 9r4nte3 5e'ore or 4'ter t0e e;1ir4tion o' t0e 1re.io/& 1er6it. 7.3. A& 4 9ener47 r/7e, t0e 1er6it& &0477 5e .47i3 on7- 'or t0e 1o&ition 4n3 t0e e617o-er 'or 20ic0 it 24& i&&/e3, e;ce1t in c4&e o' 'orei9n n4tion47& 20o 4re 0o73er& o' 6/7ti17e 1o&ition& in one cor1or4tion, 20ere one AE# &0477 5e .47i3 'or &/c0 6/7ti17e 1o&ition&. 7.4. T0e 1er6it& o' re&i3ent 'orei9n n4tion47& &0477 5e .47i3 'or 6/7ti17e e617o-er&, re94r37e&& o' t0e n4t/re 4n3 3/r4tion o' t0eir e617o-6ent, 1ro.i3e3 t04t t0e- &0477 re1ort c04n9e& in t0eir e617o-6ent &t4t/& 4n3 t0e i3entit- o' t0eir e617o-er& to t0e !(E Re9ion47 !''ice 20ic0 04& i&&/e3 t0e 1er6it. Rule 000 Revocation;Cancellation of "mployment ermits 0ssued 1. T0e 1er6it& i&&/e3 64-, motu proprio or /1on 4 1etition, 5e c4nce77e3 or re.o8e3 54&e3 on 4no' t0e 'o77o2in9 9ro/n3&: 1.1 $i&re1re&ent4tion o' '4ct& or '47&i'ic4tion o' t0e 3oc/6ent& &/56itte3> 1.2 T0e 'orei9n n4tion47 04& 5een 3ec74re3 4& 4n /n3e&ir457e 47ien 5- co61etent 4/t0oritie&> 1.3 Non%co617i4nce 2it0 t0e con3ition& 'or 20ic0 t0e AE# 24& i&&/e3>

1.4 *4i7/re to rene2 AE# 2it0in one (1) -e4r 4'ter it& e;1ir4tion. 2. #etition& 'or c4nce774tion or re.oc4tion o' 1er6it& i&&/e3 &0477 5e re&o7.e3 2it0in t0irt- (30) c47en34r& 'ro6 recei1t t0ereo'. 3. An- 499rie.e3 14rt- 64- 'i7e 4 $otion 'or Recon&i3er4tion 4n3Ior A11e47 4n3 t0e &46e &0477 5e re&o7.e3 54&e3 on #4r49r410 4 o' t0i& R/7e. 4. Remedies in Case of Denial or Cancellation % A $otion 'or Recon&i3er4tion 64-5e 'i7e3 5- 4n 499rie.e3 14rt- 2it0in &e.en (7) c47en34r 34-& 4'ter recei1t o' t0e !r3er o' eni47IC4nce774tion. T0e !(E Re9ion47 irector &0477 re&o7.e t0e &4i3 $otion 'or Recon&i3er4tion 2it0in ten (10) c47en34r 34-& 'ro6 recei1t t0ereo'. A 6otion 'or Recon&i3er4tion 'i7e3 4'ter t0e 1erio3 o' &e.en (7) c47en34r 34-& 5/t 2it0in ten (10) c47en34r 34-& 4'ter recei1t o' t0e 3eni47 &0477 5e tre4te3 4& 4n 411e47. An 411e47 'ro6 t0e 3eci&ion o' t0e !(E Re9ion47 irector 64- 5e 'i7e3 2it0 t0e Secret4r- o' 745or 4n3 E617o-6ent 2it0in ten (10) c47en34r 34-& 'ro6 recei1t o' 4n !r3er 'ro6 t0e !(E Re9ion47 irector. T0e 3eci&ion o' t0e Secret4r- o' (45or 4n3 E617o-6ent &0477 5e 'in47 4n3 /n411e47457e.

Rule 07 enal and Transitory rovisions 1. T0e !(E Re9ion47 irector&, 4'ter 3/e notice 4n3 0e4rin9, &0477 04.e t0e 1o2er to or3er 4n3 i61o&e 4 'ine o' *i.e T0o/&4n3 #e&o& (#5,000.00) on 'orei9n n4tion47& 'o/n3 2or8in9 2it0o/t 4n AE# 'or 7e&& t04n one (1) -e4r 4n3 Ten T0o/&4n3 #e&o& (#10,000.00) 'or 6ore t04n one (1) -e4r. 2. A77 4117ic4tion& 'or e617o-6ent 1er6itIcerti'ic4te& 1en3in9 4t t0e !(E%R! /1on t0e e''ecti.it- o' t0e&e )/i3e7ine& &0477 5e co.ere3 4n3 1roce&&e3 /n3er t0e 1ro.i&ion& o' t0e&e )/i3e7ine&. 3. +o73er& o' 1ro.i&ion47 4n3 e;ten3e3 AE#& i&&/e3 /n3er $e6or4n3/6 34te3 24 A/9/&t 2001 re94r3in9 A7tern4ti.e Interi6 $e4&/re& 'or t0e I&&/4nce o' A7ien E617o-6ent #er6it&, &0477 4117- 'or 4n AE# 1/r&/4nt to t0e&e )/i3e7ine& on or 5e'ore t0e e;1ir4tion o' t0e 1ro.i&ion47 4n3 e;ten3e3 AE#. 4. *orei9n n4tion47& 20o 4re 47re43- 2or8in9 in t0e co/ntr- 4n3 20o 04.e not -et &ec/re3 t0e re?/i&ite e617o-6ent 1er6it &0477 04.e ninet(90) 34-& 'ro6 t0e e''ecti.it- o' t0e&e )/i3e7ine& to &ec/re t0e &4i3 e617o-6ent 1er6it 2it0o/t 1en47t-. Rule 7 .iscellaneous rovisions

1. .anual of -perations. % T0e ,/re4/ o' (oc47


Du$an C La#or + C Prof. Battad C Page B>

E617o-6ent &0477 i&&/e 4 $4n/47 o' !1er4tion& to i617e6ent t0e 1ro.i&ion& o' t0e&e )/i3e7ine&. 2. !eparability Clause. % I' 4n- 1ro.i&ion or 14rt o' t0i& e14rt6ent !r3er or t0e 4117ic4tion t0ereo' to 4n- 1er&on or circ/6&t4nce i& 0e73 in.47i3 5t0e Co/rt&, t0e re64inin9 .47i3 1ro.i&ion& o' t0i& e14rt6ent !r3er &0477 not 5e 4''ecte3. 3. Repealing Clause. % A77 9/i3e7ine&, r/7e& 4n3 re9/74tion& 4n3 49ree6ent& incon&i&tent 0ere2it0 4re 0ere5- re1e47e3 or 6o3i'ie3 4ccor3in97-. 4. "ffectivity. % T0e&e 9/i3e7ine& &0477 t48e e''ect 'i'teen (15) 34-& 4'ter it& 1/57ic4tion in t2o (2) ne2&141er& o' 9ener47 circ/74tion.
%&st,t.t,%&, Art" X!!, Se'" 12

wor) for si* ,31 days or forty-eight ,0>1 hours, in which case, they shall be entitled to an additional compensation of at least thirty percent ,47K1 of their regular wage for wor) on the si*th day. Cor purposes of this Article, "health personnel" shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social wor)ers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel. A T. >0. 5ours #or-ed. - 9ours wor)ed shall include ,a1 all time during which an employee is required to be on duty or to be at a prescribed wor)place< and ,b1 all time during which an employee is suffered or permitted to wor). est periods of short duration during wor)ing hours shall be counted as hours wor)ed. A T. >/. 'eal periods. - Subject to such regulations as the Secretary of "abor may prescribe, it shall be the duty of every employer to give his employees not less than si*ty ,371 minutes time-off for their regular meals. A T. >3. Night shift differential. - #very employee shall be paid a night shift differential of not less than ten percent ,-7K1 of his regular wage for each hour of wor) performed between ten o?cloc) in the evening and si* o?cloc) in the morning. A T. >6. &vertime #or-. - Aor) may be performed beyond eight ,>1 hours a day provided that the employee is paid for the overtime wor), an additional compensation equivalent to his regular wage plus at least twenty-five percent ,./K1 thereof. Aor) performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent ,47K1 thereof. A T. >>. 3ndertime not offset by overtime. Bndertime wor) on any particular day shall not be offset by overtime wor) on any other day. 5ermission given to the employee to go on leave on some other day of the wee) shall not e*empt the employer from paying the additional compensation required in this Chapter. A T. >8. )mergency overtime #or-. - Any employee may be required by the employer to perform overtime wor) in any of the following cases;chan robles virtual law library ,a1 Ahen the country is at war or when any other national or local emergency has been declared by the +ational Assembly or the Chief #*ecutive< ,b1 Ahen it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthqua)e, epidemic, or other disaster or calamity< ,c1 Ahen there is urgent wor) to be performed on machines, installations, or equipment, in order to
Du$an C La#or + C Prof. Battad C Page BA

Section 12. The State shall promote the preferential use of Cilipino labor, domestic materials and locally produced goods, and adopt measures that help ma)e them competitive.
F" %&*,t,%&s %4 W%rB ,eferen e8 Arts. )60(;< /$ni#us ,ules! Boo3 +++! ,ules l! lA! ll

Title ! A' O!+: C'+2!T!'+S A+2 #ST 5# !'2S Chapter ! 9'B S 'C A' O A T. >.. Coverage. - The provisions of this Title shall apply to employees in all establishments and underta)ings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and wor)ers who are paid by results as determined by the Secretary of "abor in appropriate regulations. As used herein, "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 officers or members of the managerial staff. "1ield personnel" shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of wor) in the field cannot be determined with reasonable certainty. A T. >4. Normal hours of #or-. - The normal hours of wor) of any employee shall not e*ceed eight ,>1 hours a day. 9ealth personnel in cities and municipalities with a population of at least one million ,-,777,7771 or in hospitals and clinics with a bed capacity of at least one hundred ,-771 shall hold regular office hours for eight ,>1 hours a day, for five ,/1 days a wee), e*clusive of time for meals, e*cept where the e*igencies of the service require that such personnel

avoid serious loss or damage to the employer or some other cause of similar nature< ,d1 Ahen the wor) is necessary to prevent loss or damage to perishable goods< and ,e1 Ahere the completion or continuation of the wor) started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. Any employee required to render overtime wor) under this Article shall be paid the additional compensation required in this Chapter. A T. 87. Computation of additional compensation. Cor purposes of computing overtime and other additional remuneration as required by this Chapter, the "regular #age" of an employee shall include the cash wage only, without deduction on account of facilities provided by the employer. &''O T9 ## Conditions of #mployment B"# ! 9ours of Aor) S#CT!'+ -. :eneral statement on coverage. E The provisions of this ule shall apply to all employees in all establishments and underta)ings, whether operated for profit or not, e*cept to those specifically e*empted under Section . hereof. S#CT!'+ .. #*emption. E The provisions of this ule shall not apply to the following persons if they qualify for e*emption under the conditions set forth herein; ,a1 :overnment employees whether employed by the +ational :overnment or any of its political subdivision, including those employed in governmentowned andHor controlled corporations< ,b1 =anagerial employees, if they meet all of the following conditions; ,-1 Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof. ,.1 They customarily and regularly direct the wor) of two or more employees therein. ,41 They have the authority to hire or fire employees of lower ran)< or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight. ,c1 'fficers or members of a managerial staff if they perform the following duties and responsibilities; ,-1 The primary duty consists of the performance of wor) directly related to management policies of their employer<

,.1 Customarily and regularly e*ercise discretion and independent judgment< and ,41 ,i1 egularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof< or ,ii1 e*ecute under general supervision wor) along speciali(ed or technical lines requiring special training, e*perience, or )nowledge< or ,iii1 e*ecute, under general supervision, special assignments and tas)s< and ,01 Aho do not devote more than .7 percent of their hours wor)ed in a wor) wee) to activities which are not directly and closely related to the performance of the wor) described in paragraphs ,-1, ,.1 and ,41 above. ,d1 2omestic servants and persons in the personal service of another if they perform such services in the employerJs home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employerJs household. ,e1 Aor)ers who are paid by results, including those who are paid on piece-wor), Mta)ay,M Mpa)iaoM or tas) basis, and other non-time wor) if their output rates are in accordance with the standards prescribed under Section >, ule D!!, &oo) Three of these regulations, or where such rates have been fi*ed by the Secretary of "abor and #mployment in accordance with the aforesaid Section. ,f1 +on-agricultural field personnel if they regularly perform their duties away from the principal or branch office or place of business of the employer and whose actual hours of wor) in the field cannot be determined with reasonable certainty. S#CT!'+ 4. 9ours wor)ed. E The following shall be considered as compensable hours wor)ed; ,a1 All time during which an employee is required to be on duty or to be at the employerJs premises or to be at a prescribed wor) place< and ,b1 All time during which an employee is suffered or permitted to wor). S#CT!'+ 0. 5rinciples in determining hours wor)ed. E The following general principles shall govern in determining whether the time spent by an employee is considered hours wor)ed for purposes of this ule; ,a1 All hours are hours wor)ed which the employee is required to give his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental e*ertion. ,b1 An employee need not leave the premises of the wor) place in order that his rest period shall not be counted, it being enough that he stops wor)ing, may rest completely and may leave his wor) place, to go elsewhere, whether within or outside the premises of his wor) place.
Du$an C La#or + C Prof. Battad C Page B@

,c1 !f the wor) performed was necessary, or it benefited the employer, or the employee could not abandon his wor) at the end of his normal wor)ing hours because he had no replacement, all time spent for such wor) shall be considered as hours wor)ed, if the wor) was with the )nowledge of his employer or immediate supervisor. ,d1 The time during which an employee is inactive by reason of interruptions in his wor) beyond his control shall be considered wor)ing time either if the imminence of the resumption of wor) requires the employeeJs presence at the place of wor) or if the interval is too brief to be utili(ed effectively and gainfully in the employeeJs own interest. S#CT!'+ /. Aaiting time. E ,a1 Aaiting time spent by an employee shall be considered as wor)ing time if waiting is an integral part of his wor) or the employee is required or engaged by the employer to wait. ,b1 An employee who is required to remain on call in the employerJs premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose shall be considered as wor)ing while on call. An employee who is not required to leave word at his home or with company officials where he may be reached is not wor)ing while on call. S#CT!'+ 3. "ectures, meetings, training programs. E Attendance at lectures, meetings, training programs, and other similar activities shall not be counted as wor)ing time if all of the following conditions are met; ,a1 Attendance is outside of the employeeJs regular wor)ing hours< ,b1 Attendance is in fact voluntary< and ,c1 The employee does not perform any productive wor) during such attendance. S#CT!'+ 6. =eal and est 5eriods. E #very employer shall give his employees, regardless of se*, not less than one ,-1 hour time-off for regular meals, e*cept in the following cases when a meal period of not less than twenty ,.71 minutes may be given by the employer provided that such shorter meal period is credited as compensable hours wor)ed of the employee; ,a1 Ahere the wor) is non-manual wor) in nature or does not involve strenuous physical e*ertion< ,b1 Ahere the establishment regularly operates not less than si*teen ,-31 hours a day< ,c1 !n case of actual or impending emergencies or there is urgent wor) to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer< and ,d1 Ahere the wor) is necessary to prevent serious loss of perishable goods.

est periods or coffee brea)s running from five ,/1 to twenty ,.71 minutes shall be considered as compensable wor)ing time. S#CT!'+ >. 'vertime pay. E Any employee covered by this ule who is permitted or required to wor) beyond eight ,>1 hours on ordinary wor)ing days shall be paid an additional compensation for the overtime wor) in the amount equivalent to his regular wage plus at least twenty-five percent ,./K1 thereof. S#CT!'+ 8. 5remium and overtime pay for holiday and rest day wor). E ,a1 #*cept employees referred to under Section . of this ule, an employee who is permitted or suffered to wor) on special holidays or on his designated rest days not falling on regular holidays, shall be paid with an additional compensation as premium pay of not less than thirty percent ,47K1 of his regular wage. Cor wor) performed in e*cess of eight ,>1 hours on special holidays and rest days not falling on regular holidays, an employee shall be paid an additional compensation for the overtime wor) equivalent to his rate for the first eight hours on a special holiday or rest day plus at least thirty percent ,47K1 thereof. ,b1 #mployees of public utility enterprises as well as those employed in non-profit institutions and organi(ations shall be entitled to the premium and overtime pay provided herein, unless they are specifically e*cluded from the coverage of this ule as provided in Section . hereof. ,c1 The payment of additional compensation for wor) performed on regular holidays shall be governed by ule !D, &oo) Three, of these ules. S#CT!'+ -7. Compulsory overtime wor). E !n any of the following cases, an employer may require any of his employees to wor) beyond eight ,>1 hours a day, provided that the employee required to render overtime wor) is paid the additional compensation required by these regulations; ,a1 Ahen the country is at war or when any other national or local emergency has been declared by Congress or the Chief #*ecutive< ,b1 Ahen overtime wor) is necessary to prevent loss of life or property, or in case of imminent danger to public safety due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthqua)e, epidemic or other disaster or calamities< ,c1 Ahen there is urgent wor) to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other causes of similar nature< ,d1 Ahen the wor) is necessary to prevent loss or damage to perishable goods< ,e1 Ahen the completion or continuation of wor) started before the >th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer< or
Du$an C La#or + C Prof. Battad C Page BB

,f1 Ahen overtime wor) is necessary to avail of favorable weather or environmental conditions where performance or quality of wor) is dependent thereon. !n cases not falling within any of these enumerated in this Section, no employee may be made to wor) beyond eight hours a day against his will. B"# !-A 9ours of Aor) of 9ospital and Clinic 5ersonnel S#CT!'+ -. :eneral statement on coverage. E This ule shall apply to; ,a1 All hospitals and clinics, including those with a bed capacity of less than one hundred ,-771 which are situated in cities or municipalities with a population of one million or more< and ,b1 All hospitals and clinics with a bed capacity of at least one hundred ,-771, irrespective of the si(e of the population of the city or municipality where they may be situated. S#CT!'+ .. 9ospitals or clinics within the meaning of this ule. E The terms MhospitalsM and MclinicsM as used in this ule shall mean a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and care of individuals suffering from illness, disease, injury, or deformity, or in need of obstetrical or other medical and nursing care. #ither term shall also be construed as any institution, building, or place where there are installed beds, or cribs, or bassinets for twenty-four ,.01 hours use or longer by patients in the treatment of disease, injuries, deformities, or abnormal physical and mental states, maternity cases or sanitorial care< or infirmaries, nurseries, dispensaries, and such other similar names by which they may be designated. S#CT!'+ 4. 2etermination of bed capacity and population. E ,a1 Cor purposes of determining the applicability of this ule, the actual bed capacity of the hospital or clinic at the time of such determination shall be considered, regardless of the actual or bed occupancy. The bed capacity of hospital or clinic as determined by the &ureau of =edical Services pursuant to epublic Act +o. 0..3, otherwise )nown as the 9ospital "icensure Act, shall prima facie be considered as the actual bed capacity of such hospital or clinic. ,b1 The si(e of the population of the city or municipality shall be determined from the latest official census issued by the &ureau of the Census and Statistics. S#CT!'+ 0. 5ersonnel covered by this ule. E This ule applies to all persons employed by any private or public hospital or clinic mentioned in Section hereof, and shall include, but not limited to, resident physicians, nurses, nutritionists, dieticians, pharmacists, social wor)ers, laboratory technicians paramedical technicians, psychologists, midwives, and attendants. S#CT!'+ /. egular wor)ing hours. E The regular wor)ing hours of any person covered by this ule

shall not be more than eight ,>1 hours in any one day nor more than forty ,071 hours in any one wee). Cor purposes of this ule a MdayM shall mean a wor) day of twenty-four ,.01 consecutive hours beginning at the same time each calendar year. A Mwee)M shall mean the wor) of -3> consecutive hours, or seven consecutive .0-hour wor) days, beginning at the same hour and on the same calendar day each calendar wee). S#CT!'+ 3. egular wor)ing days. E The regular wor)ing days of covered employees shall not be more than five days in a wor) wee). The wor) wee) may begin at any hour and on any day, including Saturday or Sunday, designated by the employer. #mployers are not precluded from changing the time at which the wor) day or wor) wee) begins, provided that the change is not intended to evade the requirements of this ule. S#CT!'+ 6. 'vertime wor). E Ahere the e*igencies of the service so require as determined by the employer, any employee covered by this ule may be scheduled to wor) for more than five ,/1 days or forty ,071 hours a wee), provided that the employee is paid for the overtime wor) an additional compensation equivalent to his regular wage plus at least thirty percent ,47K1 thereof, subject to the provisions of this &oo) on the payment of additional compensation for wor) performed on special and regular holidays and on rest days. S#CT!'+ >. 9ours wor)ed. E !n determining the compensable hours of wor) of hospital and clinic personnel covered by this ule, the pertinent provisions of ule - of this &oo) shall apply. S#CT!'+ 8. Additional compensation. E 9ospital and clinic personnel covered by this ule, with the e*ception of those employed by the :overnment, shall be entitled to an additional compensation for wor) performed on regular and special holidays and rest days as provided in this &oo). Such employees shall also be entitled to overtime pay for services rendered in e*cess of forty hours a wee), or in e*cess of eight hours a day, whichever will yield the higher additional compensation to the employee in the wor) wee). S#CT!'+ -7. elation to ule !. E All provisions of ule ! of this &oo) which are not inconsistent with this ule shall be deemed applicable to hospital and clinic personnel. B"# !! +ight Shift 2ifferential S#CT!'+ -. Coverage. E This employees e*cept; ule shall apply to all

,a1 Those of the government and any of its political subdivisions, including government-owned andHor controlled corporations< ,b1 Those of retail and service establishments regularly employing not more than five ,/1 wor)ers<
Du$an C La#or + C Prof. Battad C Page B*

,c1 2omestic helpers and persons in the personal service of another< ,d1 =anagerial employees as defined in &oo) Three of this Code< ,e1 Cield personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on tas) or contract basis, purely commission basis, or those who are paid a fi*ed amount for performing wor) irrespective of the time consumed in the performance thereof. S#CT!'+ .. +ight shift differential. E An employee shall be paid night shift differential of no less than ten per cent ,-7K1 of his regular wage for each hour of wor) performed between ten oJcloc) in the evening and si* oJcloc) in the morning. S#CT!'+ 4. Additional compensation. E Ahere an employee is permitted or suffered to wor) on the period covered after his wor) schedule, he shall be entitled to his regular wage plus at least twenty-five per cent ,./K1 and an additional amount of no less than ten per cent ,-7K1 of such overtime rate for each hour or wor) performed between -7 p.m. to 3 a.m. S#CT!'+ 0. Additional compensation on scheduled rest dayHspecial holiday. E An employee who is required or permitted to wor) on the period covered during rest days andHor special holidays not falling on regular holidays, shall be paid a compensation equivalent to his regular wage plus at least thirty ,47K1 per cent and an additional amount of not less than ten ,-7K1 per cent of such premium pay rate for each hour of wor) performed. S#CT!'+ /. Additional compensation on regular holidays. E Cor wor) on the period covered during regular holidays, an employee shall be entitled to his regular wage during these days plus an additional compensation of no less than ten ,-7K1 per cent of such premium rate for each hour of wor) performed. S#CT!'+ 3. elation to agreements. E +othing in this ule shall justify an employer in withdrawing or reducing any benefits, supplements or payments as provided in e*isting individual or collective agreements or employer practice or policy.
'. .ours of 4or3 a. ,egulation< ,ationale Danila "er$inal Co. +n . v. C+,! (' Phil. B6@ ('(@6)

b.

CoverageCE2e$ptions! Art. )6! 6*B< ,ule l! %e .s '0A (%ee A#ove) ') 1overn$ent E$ployees! Const.! Art. +=0B! %e . 6(')

A T!C"# !$ % &. T9# C!D!" S# D!C# C'==!SS!'+ Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the :overnment, including governmentowned or controlled corporations with original charters.
6) Danagerial E$ployees! Art. )6< ,ule +! %e . 6 (#) ( )

,b1 =anagerial employees, if they meet all of the following conditions; ,-1 Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof. ,.1 They customarily and regularly direct the wor) of two or more employees therein. ,41 They have the authority to hire or fire employees of lower ran)< or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight. ,c1 'fficers or members of a managerial staff if they perform the following duties and responsibilities; ,-1 The primary duty consists of the performance of wor) directly related to management policies of their employer< ,.1 Customarily and regularly e*ercise discretion and independent judgment< and ,41 ,i1 egularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof< or ,ii1 e*ecute under general supervision wor) along speciali(ed or technical lines requiring special training, e*perience,
Du$an C La#or + C Prof. Battad C Page B)

or )nowledge< or ,iii1 e*ecute, under general supervision, special assignments and tas)s< and ,01 Aho do not devote more than .7 percent of their hours wor)ed in a wor) wee) to activities which are not directly and closely related to the performance of the wor) described in paragraphs ,-1, ,.1 and ,41 above.

>)

Kield Personnel! Art. )6< ,ule +! %e . 6 (f)

Asia Pa ifi Christening! +n . v. Karolan! >(> %C,A A@A (6;;A)

Derdi ar Kishing Corp v. 9L,C! 6(* %C,A AA; ('(())

Charlito PeSranda v. Baganga Plywood Corp.! et al.! 1.,. '@(@**! Day >! 6;;B

Auto Bus "ransport %yste$s! +n . v. Bautista! A@) %C,A @*) (6;;@)

Du$an C La#or + C Prof. Battad C Page B(

La#or Congress v. 9L,C! 6(; %C,A @;( ('(())

A) @)

Dependent Ka$ily De$#ers . 9or$al .ours of 4or3! Art. )>

Do$esti .elpers! Art. 'A'! 'A@< ,ule +! %e . 6 (d) Chapter +++ EDPL/TDE9" /K ./U%E.ELPE,% A,". 'A'. Co#erage. 0 "his Chapter shall apply to all persons rendering servi es in households for o$pensation. $%omestic or household ser#ice$ shall $ean servi e in the e$ployerGs ho$e whi h is usually ne essary or desira#le for the $aintenan e and en5oy$ent thereof and in ludes $inistering to the personal o$fort and onvenien e of the $e$#ers of the e$ployerGs household! in luding servi es of fa$ily drivers. A,". 'A@. Assignment to non!household &or'. 0 9o househelper shall #e assigned to wor3 in a o$$er ial! industrial or agri ultural enterprise at a wage or salary rate lower than that provided for agri ultural or non0agri ultural wor3ers as pres ri#ed herein.

A,". )>. (ormal hours of &or'. 0 "he nor$al hours of wor3 of any e$ployee shall not e2 eed eight ()) hours a day. .ealth personnel in ities and $uni ipalities with a population of at least one $illion ('!;;;!;;;) or in hospitals and lini s with a #ed apa ity of at least one hundred (';;) shall hold regular offi e hours for eight ()) hours a day! for five (@) days a wee3! e2 lusive of ti$e for $eals! e2 ept where the e2igen ies of the servi e re?uire that su h personnel wor3 for si2 (B) days or forty0eight (A)) hours! in whi h ase! they shall #e entitled to an additional o$pensation of at least thirty per ent (>;P) of their regular wage for wor3 on the si2th day. Kor purposes of this Arti le! $health personnel$ shall in lude resident physi ians! nurses! nutritionists! dietitians! phar$a ists! so ial wor3ers! la#oratory te hni ians! para$edi al te hni ians! psy hologists! $idwives! attendants and all other hospital or lini personnel.

,d1 2omestic servants and persons in the personal service of another if they perform such services in the employerJs home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employerJs household.
B) Persons in the Personal %ervi e of Another! ,ule +! %e . 6 (d)

d.

Co$pensa#le .ours of 4or3 M +n general ') (a) /n Duty! Art. )A (a)< ,ule +! %e . > (a)! %e . A

A,". )A. )ours &or'ed. 0 .ours wor3ed shall in lude (a) all ti$e during whi h an e$ployee is re?uired to #e on duty or to #e at a pres ri#ed wor3pla e< and (#) all ti$e during whi h an e$ployee is suffered or per$itted to wor3. ,est periods of short duration during wor3ing hours shall #e ounted as hours wor3ed.

,d1 2omestic servants and persons in the personal service of another if they perform such services in the employerJs home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employerJs household.
*) Pie e 4or3ers! ,ule +! %e . 6 (e)

S#CT!'+ 4. 9ours wor)ed. E The following shall be considered as compensable hours wor)ed; ,a1 All time during which an employee is required to be on duty or to be at the employerJs premises or to be at a prescribed wor) place< and S#CT!'+ 0. 5rinciples in determining hours wor)ed. E The following general principles shall govern in determining whether the time spent by an employee is considered hours wor)ed for purposes of this ule; ,a1 All hours are hours wor)ed which the employee is required to give his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental e*ertion.
Du$an C La#or + C Prof. Battad C Page *;

,e1 Aor)ers who are paid by results, including those who are paid on piece-wor), Mta)ay,M Mpa)iaoM or tas) basis, and other non-time wor) if their output rates are in accordance with the standards prescribed under Section >, ule D!!, &oo) Three of these regulations, or where such rates have been fi*ed by the Secretary of "abor and #mployment in accordance with the aforesaid Section.

3)

At 4or3! Art. )A (#)< ,ule +! %e . > (#)

redited as e$ployee8

o$pensa#le

hours

wor3ed

of the

A,". )A. )ours &or'ed. 0 .ours wor3ed shall in lude (a) all ti$e during whi h an e$ployee is re?uired to #e on duty or to #e at a pres ri#ed wor3pla e< and (#) all ti$e during whi h an e$ployee is suffered or per$itted to wor3.

Philippine Airlines! +n . v. 9L,C! >;6 %C,A @)6 ('((()

Sec. 4,b1 All time during which an employee is suffered or permitted to wor).

e.

%pe ifi ,ules ') ,est Period #) %horter Deal Period (Less than /ne .our! #ut 9ot Less than 6; $in.)! ,ule +! %e . *! 'st par. (%ee A#ove) ,est periods of short duration during wor3ing hours shall #e ounted as hours wor3ed. %EC"+/9 *. Deal and ,est Periods. O Every e$ployer shall give his e$ployees! regardless of se2! not less than one (') hour ti$e0off for regular $eals! e2 ept in the following ases when a $eal period of not less than twenty (6;) $inutes $ay #e given #y the e$ployer provided that su h shorter $eal period is redited as o$pensa#le hours wor3ed of the e$ployee8 ,est periods or offee #rea3s running fro$ five (@) to twenty (6;) $inutes shall #e onsidered as o$pensa#le wor3ing ti$e. #) Dore than 6; $in.! ,ules +! %e . A (#) %EC"+/9 A. Prin iples in deter$ining hours wor3ed. O "he following general prin iples shall govern in deter$ining whether the ti$e spent #y an e$ployee is onsidered hours wor3ed for purposes of this ,ule8 (#) An e$ployee need not leave the pre$ises of the wor3 pla e in order that his rest period shall not #e ounted! it #eing enough that he stops wor3ing! $ay rest o$pletely and $ay leave his wor3 pla e! to go elsewhere! whether within or outside the pre$ises of his wor3 pla e. 6) Deal Period A) /n Call! ,ule +! %e . @ (#)

a)

%hort Duration or HCoffee Brea3N! Art. )A! 6nd par.< Boo3 +++! ,ule +! %e . *! 6nd par.

4)

4aiting "i$e! ,ule +! %e . @ (a)

%EC"+/9 @. 4aiting ti$e. O (a) 4aiting ti$e spent #y an e$ployee shall #e onsidered as wor3ing ti$e if waiting is an integral part of his wor3 or the e$ployee is re?uired or engaged #y the e$ployer to wait. Ari a v. 9L,C! '*; %C,A **B ('()()

a) ,egular Deal Period (/ne .our)! Art. )@< ,ule +! %e . *! 'st par. A,". )@. Meal periods. 0 %u#5e t to su h regulations as the %e retary of La#or $ay pres ri#e! it shall #e the duty of every e$ployer to give his e$ployees not less than si2ty (B;) $inutes ti$e0off for their regular $eals. %EC"+/9 *. Deal and ,est Periods. O Every e$ployer shall give his e$ployees! regardless of se2! not less than one (') hour ti$e0off for regular $eals! e2 ept in the following ases when a $eal period of not less than twenty (6;) $inutes $ay #e given #y the e$ployer provided that su h shorter $eal period is

#) An e$ployee who is re?uired to re$ain on all in the e$ployerUs pre$ises or so lose thereto that he annot use the ti$e effe tively and gainfully for his own purpose shall #e onsidered as wor3ing while on all. An e$ployee who is not re?uired to leave word at his ho$e or with o$pany offi ials where he $ay #e rea hed is not wor3ing while on all.

5)

+na tive due to 4or3 +nterruptions! Boo3 +++! ,ule +! %e . A (d)

%EC"+/9 A. Prin iples in deter$ining hours wor3ed. O "he following general prin iples shall govern in Du$an C La#or + C Prof. Battad C Page *'

deter$ining whether the ti$e spent #y an e$ployee is onsidered hours wor3ed for purposes of this ,ule8 (d) "he ti$e during whi h an e$ployee is ina tive #y reason of interruptions in his wor3 #eyond his ontrol shall #e onsidered wor3ing ti$e either if the i$$inen e of the resu$ption of wor3 re?uires the e$ployeeUs presen e at the pla e of wor3 or if the interval is too #rief to #e utilized effe tively and gainfully in the e$ployeeUs own interest.

f. /verti$e 4or3 Pay! Arts. )*0(;< ,ule +! %e s. )0''

University of Pangasinan Ka ulty Union v. University of Pangasinan! '6* %C,A B(' ('()A)

A,". )*. *#ertime &or'. 0 4or3 $ay #e perfor$ed #eyond eight ()) hours a day provided that the e$ployee is paid for the overti$e wor3! an additional o$pensation e?uivalent to his regular wage plus at least twenty0five per ent (6@P) thereof. 4or3 perfor$ed #eyond eight hours on a holiday or rest day shall #e paid an additional o$pensation e?uivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty per ent (>;P) thereof. A,". )). +ndertime not offset " o#ertime. 0 Underti$e wor3 on any parti ular day shall not #e offset #y overti$e wor3 on any other day. Per$ission given to the e$ployee to go on leave on so$e other day of the wee3 shall not e2e$pt the e$ployer fro$ paying the additional o$pensation re?uired in this Chapter. A,". )(. Emergenc o#ertime &or'. 0 Any e$ployee $ay #e re?uired #y the e$ployer to perfor$ overti$e wor3 in any of the following ases8 han ro#les virtual law li#rary (a) 4hen the ountry is at war or when any other national or lo al e$ergen y has #een de lared #y the 9ational Asse$#ly or the Chief E2e utive< (#) 4hen it is ne essary to prevent loss of life or property or in ase of i$$inent danger to pu#li safety due to an a tual or i$pending e$ergen y in the lo ality aused #y serious a idents! fire! flood! typhoon! earth?ua3e! epide$i ! or other disaster or ala$ity< ( ) 4hen there is urgent wor3 to #e perfor$ed on $a hines! installations! or e?uip$ent! in order to avoid serious loss or da$age to the e$ployer or so$e other ause of si$ilar nature< (d) 4hen the wor3 is ne essary to prevent loss or da$age to perisha#le goods< and (e) 4here the o$pletion or ontinuation of the wor3 started #efore the eighth hour is ne essary to prevent serious o#stru tion or pre5udi e to the #usiness or operations of the e$ployer. Any e$ployee re?uired to render overti$e wor3 under this Arti le shall #e paid the additional o$pensation re?uired in this Chapter. A,". (;. Computation of additional compensation. 0 Kor purposes of o$puting overti$e and other additional re$uneration as re?uired #y this Chapter! the $regular &age$ of an e$ployee shall in lude the ash wage only! without dedu tion on a ount of fa ilities provided #y the e$ployer. ,ULE + %EC"+/9 ). /verti$e pay. O Any e$ployee overed #y this ,ule who is per$itted or re?uired to wor3 #eyond eight ()) hours on ordinary wor3ing days shall #e paid an additional o$pensation for the overti$e wor3 in the a$ount e?uivalent to his Du$an C La#or + C Prof. Battad C Page *6

B) 4or3 after 9or$al .ours! ,ule +! %e . A ( ) ( ) +f the wor3 perfor$ed was ne essary! or it #enefited the e$ployer! or the e$ployee ould not a#andon his wor3 at the end of his nor$al wor3ing hours #e ause he had no repla e$ent! all ti$e spent for su h wor3 shall #e onsidered as hours wor3ed! if the wor3 was with the 3nowledge of his e$ployer or i$$ediate supervisor. *) Le tures! Deetings! "raining Progra$s! ,ule +! %e . B

%EC"+/9 B. Le tures! $eetings! training progra$s. O Attendan e at le tures! $eetings! training progra$s! and other si$ilar a tivities shall not #e ounted as wor3ing ti$e if all of the following onditions are $et8 (a) Attendan e is outside of the e$ployeeUs regular wor3ing hours< (#) Attendan e is in fa t voluntary< and ( ) "he e$ployee does not perfor$ any produ tive wor3 during su h attendan e. )) "ravel "i$e ,ada v. 9L,C! 6;@ %C,A B( ('((6)

regular wage plus at least twenty0five per ent (6@P) thereof. %EC"+/9 (. Pre$iu$ and overti$e pay for holiday and rest day wor3. O (a) E2 ept e$ployees referred to under %e tion 6 of this ,ule! an e$ployee who is per$itted or suffered to wor3 on spe ial holidays or on his designated rest days not falling on regular holidays! shall #e paid with an additional o$pensation as pre$iu$ pay of not less than thirty per ent (>;P) of his regular wage. Kor wor3 perfor$ed in e2 ess of eight ()) hours on spe ial holidays and rest days not falling on regular holidays! an e$ployee shall #e paid an additional o$pensation for the overti$e wor3 e?uivalent to his rate for the first eight hours on a spe ial holiday or rest day plus at least thirty per ent (>;P) thereof. (#) E$ployees of pu#li utility enterprises as well as those e$ployed in non0profit institutions and organizations shall #e entitled to the pre$iu$ and overti$e pay provided herein! unless they are spe ifi ally e2 luded fro$ the overage of this ,ule as provided in %e tion 6 hereof. ( ) "he pay$ent of additional o$pensation for wor3 perfor$ed on regular holidays shall #e governed #y ,ule +:! Boo3 "hree! of these ,ules. %EC"+/9 ';. Co$pulsory overti$e wor3. O +n any of the following ases! an e$ployer $ay re?uire any of his e$ployees to wor3 #eyond eight ()) hours a day! provided that the e$ployee re?uired to render overti$e wor3 is paid the additional o$pensation re?uired #y these regulations8 (a) 4hen the ountry is at war or when any other national or lo al e$ergen y has #een de lared #y Congress or the Chief E2e utive< (#) 4hen overti$e wor3 is ne essary to prevent loss of life or property! or in ase of i$$inent danger to pu#li safety due to a tual or i$pending e$ergen y in the lo ality aused #y serious a ident! fire! floods! typhoons! earth?ua3e! epide$i or other disaster or ala$ities< ( ) 4hen there is urgent wor3 to #e perfor$ed on $a hines! installations! or e?uip$ent! in order to avoid serious loss or da$age to the e$ployer or so$e other auses of si$ilar nature< (d) 4hen the wor3 is ne essary to prevent loss or da$age to perisha#le goods< (e) 4hen the o$pletion or ontinuation of wor3 started #efore the )th hour is ne essary to prevent serious o#stru tion or pre5udi e to the #usiness or operations of the e$ployer< or (f) 4hen overti$e wor3 is ne essary to avail of favora#le weather or environ$ental onditions where perfor$an e or ?uality of wor3 is dependent thereon. +n ases not falling within any of these enu$erated in this %e tion! no e$ployee $ay #e $ade to wor3 #eyond eight hours a day against his will. ') /verti$e in /rdinary 4or3ing Day! Art. )*< ,ule +! %e . ) 6) Art. )( E$ergen y or Co$pulsory /verti$e 4or3!

>) A) @)

Underti$e 4or3CLeave! Art. )) Additional Co$pensation! Art. )* 9o Co$putation Kor$ula Basi Contra t

Danila "er$inal Co.! +n . v. C+,! supra

B) Proof of 4or3CE$ployer /#ligation

%o ial %e urity %yste$ v. Court of Appeals! >A) %C,A ' (6;;;)

g. 9ightwor3! Art. )B< ,ule ++! %e s. '0B A,". )B. (ight shift differential. 0 Every e$ployee shall #e paid a night shift differential of not less than ten per ent (';P) of his regular wage for ea h hour of wor3 perfor$ed #etween ten oG lo 3 in the evening and si2 oG lo 3 in the $orning.

%EC"+/9 '. 1eneral state$ent on overage. O "his ,ule shall apply to all e$ployers whether operating for profit or not! in luding pu#li utilities operated #y private persons. Du$an C La#or + C Prof. Battad C Page *>

%EC"+/9 6. Business on %undaysC.olidays. O All esta#lish$ents and enterprises $ay operate or open for #usiness on %undays and holidays provided that the e$ployees are given the wee3ly rest day and the #enefits as provided in this ,ule. %EC"+/9 >. 4ee3ly rest day. O Every e$ployer shall give his e$ployees a rest period of not less than twenty0four (6A) onse utive hours after every si2 onse utive nor$al wor3 days. %EC"+/9 A. Preferen e of e$ployee. O "he preferen e of the e$ployee as to his wee3ly day of rest shall #e respe ted #y the e$ployer if the sa$e is #ased on religious grounds. "he e$ployee shall $a3e 3nown his preferen e to the e$ployer in writing at least seven (*) days #efore the desired effe tivity of the initial rest day so preferred. 4here! however! the hoi e of the e$ployee as to his rest day #ased on religious grounds will inevita#ly result in serious pre5udi e or o#stru tion to the operations of the underta3ing and the e$ployer annot nor$ally #e e2pe ted to resort to other re$edial $easures! the e$ployer $ay so s hedule the wee3ly rest day of his hoi e for at least two (6) days in a $onth. %EC"+/9 @. % hedule of rest day. O (a) 4here the wee3ly rest is given to all e$ployees si$ultaneously! the e$ployer shall $a3e 3nown su h rest period #y $eans of a written noti e posted onspi uously in the wor3 pla e at least one wee3 #efore it #e o$es effe tive. (#) 4here the rest period is not granted to all e$ployees si$ultaneously and olle tively! the e$ployer shall $a3e 3nown to the e$ployees their respe tive s hedules of wee3ly rest through written noti es posted onspi uously in the wor3 pla e at least one wee3 #efore they #e o$e effe tive. %EC"+/9 B. 4hen wor3 on rest day authorized. O An e$ployer $ay re?uire any of his e$ployees to wor3 on his s heduled rest day for the duration of the following e$ergen ies and e2 eptional onditions8 (a) +n ase of a tual or i$pending e$ergen ies aused #y serious a ident! fire! flood! typhoon! earth?ua3e! epide$i or other disaster or ala$ity! to prevent loss of life or property! or in ases of for e $a5eure or i$$inent danger to pu#li safety< (#) +n ase of urgent wor3 to #e perfor$ed on $a hineries! e?uip$ent or installations to avoid serious loss whi h the e$ployer would otherwise suffer< ( ) +n the event of a#nor$al pressure of wor3 due to spe ial ir u$stan es! where the e$ployer annot ordinarily #e e2pe ted to resort to other $easures< (d) "o prevent serious loss of perisha#le goods< (e) 4here the nature of the wor3 is su h that the e$ployees have to wor3 ontinuously for seven (*) days in a wee3 or $ore! as in the ase of the rew $e$#ers of a vessel to o$plete a voyage and in other si$ilar ases< and (f) 4hen the wor3 is ne essary to avail of favora#le weather or environ$ental onditions where perfor$an e or ?uality of wor3 is dependent thereon.

9o e$ployee shall #e re?uired against his will to wor3 on his s heduled rest day e2 ept under ir u$stan es provided in this %e tion8 Provided! .owever! that where an e$ployee volunteers to wor3 on his rest day under other ir u$stan es! he shall e2press su h desire in writing! su#5e t to the provisions of %e tion * hereof regarding additional o$pensation.

1) 2)

CoverageCE2 lusion! ,ule ++! %e . ' Additional Co$pensation! Art. )B

%hell /il Co. of the Philippines! Ltd. v. 9ational La#or Union! )' Phil. >'@ ('(A))

6.

4ee3ly rest Periods

,eferen e8 Arts. ('0(>< /$ni#us ,ules! Boo3 +++! ,ule +++! %e s. '0( Chapter ++ 4EEQLT ,E%" PE,+/D% A,". ('. ,ight to &ee'l rest da . 0 (a) +t shall #e the duty of every e$ployer! whether operating for profit or not! to provide ea h of his e$ployees a rest period of not less than twenty0four (6A) onse utive hours after every si2 (B) onse utive nor$al wor3 days. (#) "he e$ployer shall deter$ine and s hedule the wee3ly rest day of his e$ployees su#5e t to olle tive #argaining agree$ent and to su h rules and regulations as the %e retary of La#or and E$ploy$ent $ay provide. .owever! the e$ployer shall respe t the preferen e of e$ployees as to their wee3ly rest day when su h preferen e is #ased on religious grounds. A,". (6. -hen emplo er ma re.uire &or' on a rest da . 0 "he e$ployer $ay re?uire his e$ployees to wor3 on any day8 (a) +n ase of a tual or i$pending e$ergen ies aused #y serious a ident! fire! flood! typhoon! earth?ua3e! epide$i or other disaster or ala$ity to prevent loss of life and property! or i$$inent danger to pu#li safety< (#) +n ases of urgent wor3 to #e perfor$ed on the $a hinery! e?uip$ent! or installation! to avoid serious loss whi h the e$ployer would otherwise suffer< ( ) +n the event of a#nor$al pressure of wor3 due to spe ial ir u$stan es! where the e$ployer annot ordinarily #e e2pe ted to resort to other $easures< (d) "o prevent loss or da$age to perisha#le goods< Du$an C La#or + C Prof. Battad C Page *A

(e) 4here the nature of the wor3 re?uires ontinuous operations and the stoppage of wor3 $ay result in irrepara#le in5ury or loss to the e$ployer< and (f) Under other ir u$stan es analogous or si$ilar to the foregoing as deter$ined #y the %e retary of La#or and E$ploy$ent. A,". (>. Compensation for rest da , Sunda or holida &or'. 0 (a) 4here an e$ployee is $ade or per$itted to wor3 on his s heduled rest day! he shall #e paid an additional o$pensation of at least thirty per ent (>;P) of his regular wage. An e$ployee shall #e entitled to su h additional o$pensation for wor3 perfor$ed on %unday only when it is his esta#lished rest day. han ro#les virtual law li#rary (#) 4hen the nature of the wor3 of the e$ployee is su h that he has no regular wor3days and no regular rest days an #e s heduled! he shall #e paid an additional o$pensation of at least thirty per ent (>;P) of his regular wage for wor3 perfor$ed on %undays and holidays. ( ) 4or3 perfor$ed on any spe ial holiday shall #e paid an additional o$pensation of at least thirty per ent (>;P) of the regular wage of the e$ployee. 4here su h holiday wor3 falls on the e$ployeeGs s heduled rest day! he shall #e entitled to an additional o$pensation of at least fifty per ent (@;P) of his regular wage. (d) 4here the olle tive #argaining agree$ent or other appli a#le e$ploy$ent ontra t stipulates the pay$ent of a higher pre$iu$ pay than that pres ri#ed under this Arti le! the e$ployer shall pay su h higher rate.

%EC"+/9 @. % hedule of rest day. O (a) 4here the wee3ly rest is given to all e$ployees si$ultaneously! the e$ployer shall $a3e 3nown su h rest period #y $eans of a written noti e posted onspi uously in the wor3 pla e at least one wee3 #efore it #e o$es effe tive. (#) 4here the rest period is not granted to all e$ployees si$ultaneously and olle tively! the e$ployer shall $a3e 3nown to the e$ployees their respe tive s hedules of wee3ly rest through written noti es posted onspi uously in the wor3 pla e at least one wee3 #efore they #e o$e effe tive. %EC"+/9 B. 4hen wor3 on rest day authorized. O An e$ployer $ay re?uire any of his e$ployees to wor3 on his s heduled rest day for the duration of the following e$ergen ies and e2 eptional onditions8 (a) +n ase of a tual or i$pending e$ergen ies aused #y serious a ident! fire! flood! typhoon! earth?ua3e! epide$i or other disaster or ala$ity! to prevent loss of life or property! or in ases of for e $a5eure or i$$inent danger to pu#li safety< (#) +n ase of urgent wor3 to #e perfor$ed on $a hineries! e?uip$ent or installations to avoid serious loss whi h the e$ployer would otherwise suffer< ( ) +n the event of a#nor$al pressure of wor3 due to spe ial ir u$stan es! where the e$ployer annot ordinarily #e e2pe ted to resort to other $easures< (d) "o prevent serious loss of perisha#le goods< (e) 4here the nature of the wor3 is su h that the e$ployees have to wor3 ontinuously for seven (*) days in a wee3 or $ore! as in the ase of the rew $e$#ers of a vessel to o$plete a voyage and in other si$ilar ases< and (f) 4hen the wor3 is ne essary to avail of favora#le weather or environ$ental onditions where perfor$an e or ?uality of wor3 is dependent thereon. 9o e$ployee shall #e re?uired against his will to wor3 on his s heduled rest day e2 ept under ir u$stan es provided in this %e tion8 Provided! .owever! that where an e$ployee volunteers to wor3 on his rest day under other ir u$stan es! he shall e2press su h desire in writing! su#5e t to the provisions of %e tion * hereof regarding additional o$pensation. %EC"+/9 *. Co$pensation on rest dayC%undayCholiday. O (a) E2 ept those e$ployees referred to under %e tion 6! ,ule +! Boo3 "hree! an e$ployee who is $ade or per$itted to wor3 on his s heduled rest day shall #e paid with an additional o$pensation of at least >;P of his regular wage. An e$ployee shall #e entitled to su h additional o$pensation for wor3 perfor$ed on a %unday only when it is his esta#lished rest day. (#) 4here the nature of the wor3 of the e$ployee is su h that he has no regular wor3 days and no regular rest days an #e s heduled! he shall #e paid an additional o$pensation of at least >;P of his regular wage for wor3 perfor$ed on %undays and holidays. ( ) 4or3 perfor$ed on any spe ial holiday shall #e paid with an additional o$pensation of at least >;P Du$an C La#or + C Prof. Battad C Page *@

4ee3ly ,est Periods %EC"+/9 '. 1eneral state$ent on overage. O "his ,ule shall apply to all e$ployers whether operating for profit or not! in luding pu#li utilities operated #y private persons. %EC"+/9 6. Business on %undaysC.olidays. O All esta#lish$ents and enterprises $ay operate or open for #usiness on %undays and holidays provided that the e$ployees are given the wee3ly rest day and the #enefits as provided in this ,ule. %EC"+/9 >. 4ee3ly rest day. O Every e$ployer shall give his e$ployees a rest period of not less than twenty0four (6A) onse utive hours after every si2 onse utive nor$al wor3 days. %EC"+/9 A. Preferen e of e$ployee. O "he preferen e of the e$ployee as to his wee3ly day of rest shall #e respe ted #y the e$ployer if the sa$e is #ased on religious grounds. "he e$ployee shall $a3e 3nown his preferen e to the e$ployer in writing at least seven (*) days #efore the desired effe tivity of the initial rest day so preferred. 4here! however! the hoi e of the e$ployee as to his rest day #ased on religious grounds will inevita#ly result in serious pre5udi e or o#stru tion to the operations of the underta3ing and the e$ployer annot nor$ally #e e2pe ted to resort to other re$edial $easures! the e$ployer $ay so s hedule the wee3ly rest day of his hoi e for at least two (6) days in a $onth.

of the regular wage of the e$ployees. 4here su h holiday wor3 falls on the e$ployeeUs s heduled rest day! he shall #e entitled to additional o$pensation of at least @;P of his regular wage. (d) "he pay$ent of additional o$pensation for wor3 perfor$ed on regular holiday shall #e governed #y ,ule +:! Boo3 "hree! of these regulations. (e) 4here the olle tive #argaining agree$ent or other appli a#le e$ploy$ent ontra t stipulates the pay$ent of a higher pre$iu$ pay than that pres ri#ed under this %e tion! the e$ployer shall pay su h higher rate. %EC"+/9 ). Paid0off days. O 9othing in this ,ule shall 5ustify an e$ployer in redu ing the o$pensation of his e$ployees for the unwor3ed %undays! holidays! or other rest days whi h are onsidered paid0off days or holidays #y agree$ent or pra ti e su#sisting upon the effe tivity of the Code. %EC"+/9 (. ,elation to agree$ents. O 9othing herein shall prevent the e$ployer and his e$ployees or their representatives in entering into any agree$ent with ter$s $ore favora#le to the e$ployees than those provided herein! or #e used to di$inish any #enefit granted to the e$ployees under e2isting laws! agree$ents! and voluntary e$ployer pra ti es.

c. d.

Pre$iu$ Pay! Art. (> (a) (#) ( ) CBA on .igher Pre$iu$ Pay! Art. (> (d) >. .olidays

,eferen e8 art. (A< E2e utive /rder 6;> ('()*)< /$ni#us ,ules! Boo3 +++! ,ule +: Chapter +++ ./L+DAT%! %E,:+CE +9CE9"+:E LEA:E% A9D %E,:+CE C.A,1E% A,". (A. ,ight to holida pa . 0 (a) Every wor3er shall #e paid his regular daily wage during regular holidays! e2 ept in retail and servi e esta#lish$ents regularly e$ploying less than ten (';) wor3ers< (#) "he e$ployer $ay re?uire an e$ployee to wor3 on any holiday #ut su h e$ployee shall #e paid a o$pensation e?uivalent to twi e his regular rate< and ( ) As used in this Arti le! $holida $ in ludes8 9ew TearGs Day! Daundy "hursday! 1ood Kriday! the ninth of April! the first of Day! the twelfth of &une! the fourth of &uly! the thirtieth of 9ove$#er! the twenty0 fifth and thirtieth of De e$#er and the day designated #y law for holding a general ele tion.

a.

Coverage! Art. )6! ('< ,ule +++! %e . ' A,". )6. Co#erage. 0 "he provisions of this "itle shall apply to e$ployees in all esta#lish$ents and underta3ings whether for profit or not! #ut not to govern$ent e$ployees! $anagerial e$ployees! field personnel! $e$#ers of the fa$ily of the e$ployer who are dependent on hi$ for support! do$esti helpers! persons in the personal servi e of another! and wor3ers who are paid #y results as deter$ined #y the %e retary of La#or in appropriate regulations. As used herein! $managerial emplo ees$ refer to those whose pri$ary duty onsists of the $anage$ent of the esta#lish$ent in whi h they are e$ployed or of a depart$ent or su#division thereof! and to other offi ers or $e$#ers of the $anagerial staff. $Field personnel$ shall refer to non0agri ultural e$ployees who regularly perfor$ their duties away fro$ the prin ipal pla e of #usiness or #ran h offi e of the e$ployer and whose a tual hours of wor3 in the field annot #e deter$ined with reasona#le ertainty.

EXEC"TI@E !R ER N!. 203 C/ne 30, 1987 #R!@I IN) A (IST !* RE)"(AR +!(I ADS AN S#ECIA( ADS T! ,E !,SER@E T+R!")+!"T T+E #+I(I##INES AN *!R !T+ER #"R#!SES A9# #AS, a Cabinet Assistance Secretariat Committee was constituted to review all e*isting public holidays< A9# #AS, there are too many holidays being observed which has caused confusion among the public. +'A, T9# #C' #, !, C' AP'+ C. ALB!+', 5resident of the 5hilippines, do hereby order;

b.

Deter$ination< Arts. ('! (6

o$pulsory

4or3<

Co$pensation!

Danila Ele tri Co. v. Pu#li Utilities E$ployees Assn! *( Phil. A;(

Du$an C La#or + C Prof. Battad C Page *B

Sec. -. Bnless otherwise modified by law, order or proclamation, the following regular holidays and special days shall be observed in this country; A. egular 9olidays +ew IearJs 2ay @anuary =aundy Thursday =ovable date :ood Criday =ovable date Araw ng Oagitingan April 8 ,&ataan and Corregidor 2ay1 "abor 2ay =ay !ndependence 2ay @une -. +ational 9eroes 2ay "ast Sunday of August &onifacio 2ay +ovember 47 Christmas 2ay 2ecember ./ i(al 2ay 2ecember 47 &. +ationwide Special 2ays All Saints 2ay +ovember "ast 2ay of the Iear 2ecember 4-

%EC"+/9 6. %tatus of e$ployees paid #y the $onth. O E$ployees who are unifor$ly paid #y the $onth! irrespe tive of the nu$#er of wor3ing days therein! with a salary of not less than the statutory or esta#lished $ini$u$ wage shall #e paid for all days in the $onth whether wor3ed or not. Kor this purpose! the $onthly $ini$u$ wage shall not #e less than the statutory $ini$u$ wage $ultiplied #y >B@ days divided #y twelve. %EC"+/9 >. .oliday Pay. O Every e$ployer shall pay his e$ployees their regular daily wage for any wor3ed regular holidays. As used in the rule! the ter$ Uregular holidayU shall e2 lusively refer to8 9ew TearUs Day! Daundy "hursday! 1ood Kriday! the ninth of April! the first of Day! the twelfth of &une! the last %unday of August! the thirtieth of 9ove$#er! the twenty0fifth and thirtieth of De e$#er. 9ationwide spe ial days shall in lude the first of 9ove$#er and the last day of De e$#er. As used in this ,ule legal or regular holiday and spe ial holiday shall now #e referred to as Uregular holidayU and Uspe ial dayU! respe tively. %EC"+/9 A. Co$pensation for holiday wor3. O Any e$ployee who is per$itted or suffered to wor3 on any regular holiday! not e2 eeding eight ()) hours! shall #e paid at least two hundred per ent (6;;P) of his regular daily wage. +f the holiday wor3 falls on the s heduled rest day of the e$ployee! he shall #e entitled to an additional pre$iu$ pay of at least >;P of his regular holiday rate of 6;;P #ased on his regular wage rate. %EC"+/9 @. /verti$e pay for holiday wor3. O Kor wor3 perfor$ed in e2 ess of eight hours on a regular holiday! an e$ployee shall #e paid an additional o$pensation for the overti$e wor3 e?uivalent to his rate for the first eight hours on su h holiday wor3 plus at least >;P thereof. 4here the regular holiday wor3 e2 eeding eight hours falls on the s heduled rest day of the e$ployee! he shall #e paid an additional o$pensation for the overti$e wor3 e?uivalent to his regular holiday0rest day for the first ) hours plus >;P thereof. "he regular holiday rest day rate of an e$ployee shall onsist of 6;;P of his regular daily wage rate plus >;P thereof. %EC"+/9 B. A#sen es. O (a) All overed e$ployees shall #e entitled to the #enefit provided herein when they are on leave of a#sen e with pay. E$ployees who are on leave of a#sen e without pay on the day i$$ediately pre eding a regular holiday $ay not #e paid the re?uired holiday pay if he has not wor3ed on su h regular holiday. (#) E$ployees shall grant the sa$e per entage of the holiday pay as the #enefit granted #y o$petent authority in the for$ of e$ployeeUs o$pensation or so ial se urity pay$ent! whi hever is higher! if they are not reporting for wor3 while on su h #enefits. ( ) 4here the day i$$ediately pre eding the holiday is a non0wor3ing day in the esta#lish$ent or the s heduled rest day of the e$ployee! he shall not #e dee$ed to #e on leave of a#sen e on that day! in whi h ase he shall #e entitled to the holiday pay if he wor3ed on the day i$$ediately pre eding the non0wor3ing day or rest day. Du$an C La#or + C Prof. Battad C Page **

Sec. .. 9enceforth, the terms Mlegal or regular holidayM and Mspecial holidayM, as used in laws, orders, rules and regulations or other issuances shall now be referred to as Mregular holidayM and Mspecial dayM, respectively. Sec. 4. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this #*ecutive 'rder are hereby repealed or modified accordingly. Sec. 0. This #*ecutive 'rder shall ta)e effect immediately. 2one in the City of =anila, this 47th day of @une, in the year of 'ur "ord, nineteen hundred and eightyseven.
,ULE +: .olidays with Pay %EC"+/9 '. Coverage. O "his rule shall apply to all e$ployees e2 ept8 (a) "hose of the govern$ent and any of the politi al su#division! in luding govern$ent0owned and ontrolled orporation< (#) "hose of retail and servi e esta#lish$ents regularly e$ploying less than ten (';) wor3ers< ( ) Do$esti helpers and persons in the personal servi e of another< (d) Danagerial e$ployees as defined in Boo3 "hree of the Code< (e) Kield personnel and other e$ployees whose ti$e and perfor$an e is unsupervised #y the e$ployer in luding those who are engaged on tas3 or ontra t #asis! purely o$$ission #asis! or those who are paid a fi2ed a$ount for perfor$ing wor3 irrespe tive of the ti$e onsu$ed in the perfor$an e thereof.

%EC"+/9 *. "e$porary or periodi shutdown and te$porary essation of wor3. O (a) +n ases of te$porary or periodi shutdown and te$porary essation of wor3 of an esta#lish$ent! as when a yearly inventory or when the repair or leaning of $a hineries and e?uip$ent is underta3en! the regular holidays falling within the period shall #e o$pensated in a ordan e with this ,ule. (#) "he regular holiday during the essation of operation of an enterprise due to #usiness reverses as authorized #y the %e retary of La#or and E$ploy$ent $ay not #e paid #y the e$ployer. %EC"+/9 ). .oliday pay of ertain e$ployees. O (a) Private s hool tea hers! in luding fa ulty $e$#ers of olleges and universities! $ay not #e paid for the regular holidays during se$estral va ations. "hey shall! however! #e paid for the regular holidays during Christ$as va ation< (#) 4here a overed e$ployee! is paid #y results or output! su h as pay$ent on pie e wor3! his holiday pay shall not #e less than his average daily earnings for the last seven (*) a tual wor3ing days pre eding the regular holiday< Provided! .owever! that in no ase shall the holiday pay #e less than the appli a#le statutory $ini$u$ wage rate. ( ) %easonal wor3ers $ay not #e paid the re?uired holiday pay during off0season when they are not at wor3. (d) 4or3ers who have no regular wor3ing days shall #e entitled to the #enefits provided in this ,ule. %EC"+/9 (. ,egular holiday falling on rest days or %undays. O (a) A regular holiday falling on the e$ployeeUs rest day shall #e o$pensated a ordingly. (#) 4here a regular holiday falls on a %unday! the following day shall #e onsidered a spe ial holiday for purposes of the La#or Code! unless said day is also a regular holiday. %EC"+/9 ';. %u essive regular holidays. O 4here there are two (6) su essive regular holidays! li3e .oly "hursday and 1ood Kriday! an e$ployee $ay not #e paid for #oth holidays if he a#sents hi$self fro$ wor3 on the day i$$ediately pre eding the first holiday! unless he wor3s on the first holiday! in whi h ase he is entitled to his holiday pay on the se ond holiday. %EC"+/9 ''. ,elation to agree$ents. O 9othing in this ,ule shall 5ustify an e$ployer in withdrawing or redu ing any #enefits! supple$ents or pay$ents for unwor3ed holidays as provided in e2isting individual or olle tive agree$ent or e$ployer pra ti e or poli y.

g) H%ervi e Esta#lish$entN is one prin ipally engaged in the sale of servi e to individuals for their own or household use and is generally re ognized as su h<

b.

CoverageCE2 lusions! Art. (A (a) A,". (A. ,ight to holida pa . 0 (a) Every wor3er shall #e paid his regular daily wage during regular holidays! e2 ept in retail and servi e esta#lish$ents regularly e$ploying less than ten (';) wor3ers<

DantradeCKDDC Division E$ployees and 4or3ers Union v. Ba ungan! 'AA %C,A @'; ('()B)

Cirineo Bowling Plaza! +n . v. 1erry %ensing! et al.! AA) %C,A '*@ (6;;@)

a.

Definition ') par. K ,etail Esta#lish$ents! ,ule +$pl. ,A B*6*!

f) H,etail Esta#lish$entN is one prin ipally engaged in the sale of goods to end0users for personal or household use< 6) par. g %ervi e Esta#lish$ent! ,ule +$pl. ,A B*6*!

Du$an C La#or + C Prof. Battad C Page *)

c.

.oliday Pay! Art. (A (#) (#) "he e$ployer $ay re?uire an e$ployee to wor3 on any holiday #ut su h e$ployee shall #e paid a o$pensation e?uivalent to twi e his regular rate< and ') Ka ulty in Private % hool! ,ule +:! %e . ) (a)

%EC"+/9 ). .oliday pay of ertain e$ployees. O (a) Private s hool tea hers! in luding fa ulty $e$#ers of olleges and universities! $ay not #e paid for the regular holidays during se$estral va ations. "hey shall! however! #e paid for the regular holidays during Christ$as va ation< B) Divisor as Ka tor "rans0Asia Phil. E$ployees Asso iation v. 9L,C! >6; %C,A >A* ('((()

8)

Dusli$ .oliday! Art. 'B(0'*6< PD ';)> (Ke#. '(**)

BOOK F!8E 1!S ELLANEOUS AND TRANS!TORY 5RO8!S!ONS T!TLE ! 1USL!1 ?OL!DAYS Art,'+e 199" *fficial Muslim holida s. "he following are here#y re ognized as legal Dusli$ holidays8 (a) UA$un &adid (9ew Tear)! whi h falls on the first day of the first lunar $onth of Duharra$< (#) Daulid0un09a#i (Birthday of the Prophet Duha$$ad)! whi h falls on the twelfth day of the third lunar $onth of ,a#i0ul0Awwal< ( ) Lailatul +sra 4al DiUra5 (9o turnal &ourney and As ension of the Prophet Duha$$ad)! whi h falls on the twenty0seventh day of the seventh lunar $onth of ,a5a#< (d) U+d0ul0Kitr (.ari ,aya Pausa)! whi h falls on the first day of the tenth lunar $onth of %hawwal! o$$e$orating the end of the fasting season< and (e) U+d0ul0Adha (.ari ,a5a .a5i)! whi h falls on the tenth day of the twelfth lunar $onth of Dhu '0.i55a. Art,'+e 1D0" Pro#inces and cities &here officiall o"ser#ed. (') Dusli$ holidays shall #e offi ially o#served in the Provin es of Basilan! Lanao del 9orte! Lanao del %ur! Daguindanao! 9orth Cota#ato! %ultan Qudarat! %ulu! "awi0 "awi! Va$#oanga del 9orte and Va$#oanga del %ur! and in the Cities of Cota#ato! +ligan! Darawi! Pagadian! and Va$#oanga and in su h other Dusli$ provin es and ities as $ay hereafter #e reated. (6) Upon pro la$ation #y the President of the Philippines! Dusli$ holidays $ay also #e offi ially o#served in other provin es and ities. Du$an C La#or + C Prof. Battad C Page *(

7)

%unday! Art. (> (a)! 6nd %enten e< ,ule +++! %e . 6

A,". (>. Compensation for rest da , Sunda or holida &or'. 0 (a) 4here an e$ployee is $ade or per$itted to wor3 on his s heduled rest day! he shall #e paid an additional o$pensation of at least thirty per ent (>;P) of his regular wage. An e$ployee shall #e entitled to su h additional o$pensation for wor3 perfor$ed on %unday only when it is his esta#lished rest day. %EC"+/9 6. Business on %undaysC.olidays. O All esta#lish$ents and enterprises $ay operate or open for #usiness on %undays and holidays provided that the e$ployees are given the wee3ly rest day and the #enefits as provided in this ,ule. 4ellington +nvest$ent +n . v. "ra5ano! 6A@ %C,A @B' ('((@)

Art,'+e 1D1" %ates of o"ser#ance. "he dates of Dusli$ holidays shall #e deter$ined #y the /ffi e of the President of the Philippines in a ordan e with the Dusli$ Lunar Calendar (.i5ra). Art,'+e 1D2" *"ser#ance of Muslim emplo ees. (') All Dusli$ govern$ent offi ials and e$ployees in pla es other than those enu$erated under Arti le '*; shall also #e e2 used fro$ reporting to offi e in order that they $ay #e a#le to o#serve Dusli$ holidays. (6) "he President of the Philippines $ay! #y pro la$ation! re?uire private offi es! agen ies or esta#lish$ents to e2 use their Dusli$ e$ployees fro$ reporting for wor3 during a Dusli$ holiday without redu tion in their usual o$pensation.

he wor3ed on the day i$$ediately pre eding the non0wor3ing day or rest day. A. : %ervi e +n entive Leave ,eferen e8 Art. (@< /$ni#us ,ules! Boo3 +++! ,ule

A,". (@. ,ight to ser#ice incenti#e lea#e. 0 (a) Every e$ployee who has rendered at least one year of servi e shall #e entitled to a yearly servi e in entive leave of five days with pay. (#) "his provision shall not apply to those who are already en5oying the #enefit herein provided! those en5oying va ation leave with pay of at least five days and those e$ployed in esta#lish$ents regularly e$ploying less than ten e$ployees or in esta#lish$ents e2e$pted fro$ granting this #enefit #y the %e retary of La#or and E$ploy$ent after onsidering the via#ility or finan ial ondition of su h esta#lish$ent. ( ) "he grant of #enefit in e2 ess of that provided herein shall not #e $ade a su#5e t of ar#itration or any ourt or ad$inistrative a tion. a. Coverage! Art. (@ (a) (#) Da3ati .a#erdashery +n . 9. 9L,C! '*( %C,A AA( ('()()

%an Diguel Corp. v. Court of Appeals! >*@ %C,A >'' (6;;6)

d.

A#sen es! ,ule l:! %e s. B (a)! ';

%EC"+/9 B. A#sen es. O (a) All overed e$ployees shall #e entitled to the #enefit provided herein when they are on leave of a#sen e with pay. E$ployees who are on leave of a#sen e without pay on the day i$$ediately pre eding a regular holiday $ay not #e paid the re?uired holiday pay if he has not wor3ed on su h regular holiday. %EC"+/9 ';. %u essive regular holidays. O 4here there are two (6) su essive regular holidays! li3e .oly "hursday and 1ood Kriday! an e$ployee $ay not #e paid for #oth holidays if he a#sents hi$self fro$ wor3 on the day i$$ediately pre eding the first holiday! unless he wor3s on the first holiday! in whi h ase he is entitled to his holiday pay on the se ond holiday. e. 9on04or3ingC% hedule of ,est Day! ,ule +:! %e . B ( ) ( ) 4here the day i$$ediately pre eding the holiday is a non0wor3ing day in the esta#lish$ent or the s heduled rest day of the e$ployee! he shall not #e dee$ed to #e on leave of a#sen e on that day! in whi h ase he shall #e entitled to the holiday pay if

#.

La#or Congress v. 9L,C! supra Co$putation and Lia#ility

%entinel %e urity Agen y! +n . v. 9L,C! 6(@ %C,A '6> '(())

Du$an C La#or + C Prof. Battad C Page );

Twenty-five thousand pesos ,5./,7771 or imprisonment of not less than thirty ,471days nor more than si* ,31 months. !f the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed on the entityJs responsible officers, including, but not limited to, the president, vice-president, chief e*ecutive officer, general manager, managing director or partner directly responsible therefor.
Auto Bus "ransport %yste$s! +n . v. Bautista! supra

5.

Paternity Leave! Paternity Leave of '((B (,A )')*)! %e s. '0B< +$pl. ,ules

RE#",(IC ACT N!. 8187 AN ACT )RANTIN) #ATERNITD (EA@E !* SE@EN (7) ADS AIT+ *"(( #AD T! A(( $ARRIE $A(E E$#(!DEES IN T+E #RI@ATE AN #",(IC SECT!RS *!R T+E *IRST *!"R (4) E(I@ERIES !* T+E (E)ITI$ATE S#!"SE AIT+ A+!$ +E IS C!+A,ITIN) AN *!R !T+ER #"R#!SES. &e it enacted by the Senate and 9ouse of epresentatives of the 5hilippines in Congress assembled; as S#CT!'+ -. Short Title. - This Act shall be )nown the MPaternity Leave Act of 9::;M.

S#CT!'+ 3. Nondiminution Clause. - +othing in this Act shall be construed to reduce any e*isting benefits of any form granted under e*isting laws, decrees, e*ecutive orders, or any contract agreement or policy between employer and employee. S#CT!'+ 6. Repealing Clause. - All laws, ordinances, rules, regulations, issuances, or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly. S#CT!'+ >. )ffectivity. - This Act shall ta)e effect ,-/1 days from its publication in the 'fficial :a(ette or in at least two ,.1 newspapers of national circulation.

Approved;

S#CT!'+ .. +otwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven ,61 days with full pay for the first four ,01 deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the e*pected date of such delivery. Cor purposes, of this Act, delivery shall include childbirth or any miscarriage. S#CT!'+ 4. Definition of Term. - Cor purposes of this Act, 5aternity "eave refers to the benefits granted to a married male employee allowing him not to report for wor) for seven ,61 days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery andHor in the nursing of the newly-born child. S#CT!'+ 0. The Secretary of "abor and #mployment, the Chairman of the Civil Service Commission and the Secretary of 9ealth shall, within thirty ,471 days from the effectivity of this Act, issue such rules and regulations necessary for the proper implementation of the provisions hereof. S#CT!'+ /. Any person, corporation, trust, firm, partnership, association or entity found violating this Act or the rules and regulations promulgated thereunder shall be punished by a fine not e*ceeding

,S:2.1 +#5TA"! A. :'+PA"#S 5resident of the Senate

,S:2.1 @'S# 2# D#+#C!A, @ . Spea)er of the 9ouse of epresentatives

This Act, which is a consolidation of Senate &ill +o. -74. and 9ouse &ill +o. 6-40 was finally passed by the Senate and the 9ouse of epresentatives on @une >, -883.

1.

Parental Leave! %olo ParentsG 4elfare A t of 6;;; (,A )(*6)< +$pl. ,ules

RE#",(IC ACT N!. 8972 AN ACT #R!@I IN) *!R ,ENE*ITS AN #RI@I(E)ES T! S!(! #ARENTS AN T+EIR C+I( REN, A##R!#RIATIN) *"N S T+ERE*!R AN *!R !T+ER #"R#!SES .e it enacted by the +enate and 5ouse of Representatives of the Philippines Congress assembled< Section 1. Title. - This Act shall be )nown as the MSolo 5arentsJ Aelfare Act of .777.M

Du$an C La#or + C Prof. Battad C Page )'

Section 2. Declaration of Policy. - !t is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a comprehensive program of services for solo parents and their children to be carried out by the 2epartment of Social Aelfare and 2evelopment ,2SA21, the 2epartment of 9ealth ,2'91, the 2epartment of #ducation, Culture and Sports ,2#CS1, the 2epartment of the !nterior and "ocal :overnment ,2!":1, the Commission on 9igher #ducation ,C9#21, the Technical #ducation and S)ills 2evelopment Authority ,T#S2A1, the +ational 9ousing Authority ,+9A1, the 2epartment of "abor and #mployment ,2'"#1 and other related government and nongovernment agencies. Section 3. Definition of Terms. - Ahenever used in this Act, the following terms shall mean as follows; ,a1 MSolo parentM - any individual who falls under any of the following categories; ,-1 A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender; Provided, That the mother )eeps and raises the child< ,.1 5arent left solo or alone with the responsibility of parenthood due to death of spouse< ,41 5arent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one ,-1 year< ,01 5arent left solo or alone with the responsibility of parenthood due to physical andHor mental incapacity of spouse as certified by a public medical practitioner< ,/1 5arent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one ,-1 year, as long as heHshe is entrusted with the custody of the children< ,31 5arent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as heHshe is entrusted with the custody of the children< ,61 5arent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one ,-1 year<

,>1 Bnmarried motherHfather who has preferred to )eep and rear herHhis childHchildren instead of having others care for them or give them up to a welfare institution< ,81 Any other person who solely provides parental care and support to a child or children< ,-71 Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent. A change in the status or circumstance of the parent claiming benefits under this Act, such that heHshe is no longer left alone with the responsibility of parenthood, shall terminate hisHher eligibility for these benefits. ,b1 MChildrenM - refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen ,->1 years of age, or even over eighteen ,->1 years but are incapable of self-support because of mental andHor physical defectHdisability. ,c1 M5arental responsibilityM - with respect to their minor children shall refer to the rights and duties of the parents as defined in Article ..7 of #*ecutive 'rder +o. .78, as amended, otherwise )nown as the MCamily Code of the 5hilippines.M ,d1 M5arental leaveM - shall mean leave benefits granted to a solo parent to enable himHher to perform parental duties and responsibilities where physical presence is required. ,e1 MCle*ible wor) scheduleM - is the right granted to a solo parent employee to vary hisHher arrival and departure time without affecting the core wor) hours as defined by the employer. Section 4. Criteria for +upport. - Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the +ational #conomic and 2evelopment Authority ,+#2A1 and subject to the assessment of the 2SA2 wor)er in the area shall be eligible for assistance; Provided$ ho#ever, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 3, 6 and > of this Act. Section 5. Comprehensive Pac-age of +ocial Development and %elfare +ervices. - A comprehensive pac)age of social development and welfare services for solo parents and their families will be developed by the 2SA2, 2'9, 2#CS, C9#2, T#S2A, 2'"#, +9A and 2!":, in coordination with
Du$an C La#or + C Prof. Battad C Page )6

local government units and a nongovernmental organi(ation with proven trac) record in providing services for solo parents. The 2SA2 shall coordinate with concerned agencies the implementation of the comprehensive pac)age of social development and welfare services for solo parents and their families. The pac)age will initially include; ,a1 "ivelihood development services which include trainings on livelihood s)ills, basic business management, value orientation and the provision of seed capital or job placement. ,b1 Counseling services which include individual, peer group or family counseling. This will focus on the resolution of personal relationship and role conflicts. ,c1 5arent effectiveness services which include the provision and e*pansion of )nowledge and s)ills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children. ,d1 Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse. ,e1 Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment. Section 6. 1le4ible %or- +chedule. - The employer shall provide for a fle*ible wor)ing schedule for solo parents; 5rovided, That the same shall not affect individual and company productivity; Provided$ further$ That any employer may request e*emption from the above requirements from the 2'"# on certain meritorious grounds. Section 7. %or- Discrimination. - +o employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of hisHher status. Section 8. Parental Leave. - !n addition to leave privileges under e*isting laws, parental leave of not more than seven ,61 wor)ing days every year shall be granted to any solo parent employee who has rendered service of at least one ,-1 year. Section 9. )ducational .enefits. - The 2#CS, C9#2 and T#S2A shall provide the following benefits and privileges; ,-1 Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technicalHs)ills education< and

,.1 +onformal education programs appropriate for solo parents and their children. The 2#CS, C9#2 and T#S2A shall promulgate rules and regulations for the proper implementation of this program. Section 10. 5ousing .enefits. - Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioriti(ing applicants below the poverty line as declared by the +#2A. Section 11. 'edical Assistance. - The 2'9 shall develop a comprehensive health care program for solo parents and their children. The program shall be implemented by the 2'9 through their retained hospitals and medical centers and the local government units ,":Bs1 through their provincialHdistrictHcityHmunicipal hospitals and rural health units , 9Bs1. Section 12. Additional Po#ers and 1unctions of the D+%D. The 2SA2 shall perform the following additional powers and functions relative to the welfare of solo parents and their families; ,a1 Conduct research necessary to; ,-1 develop a new body of )nowledge on solo parents< ,.1 define e*ecutive and legislative measures needed to promote and protect the interest of solo parents and their children< and ,41 assess the effectiveness of programs designed for disadvantaged solo parents and their children< ,b1 Coordinate the activities of various governmental and nongovernmental organi(ations engaged in promoting and protecting the interests of solo parents and their children< and ,c1 =onitor the implementation of the provisions of this Act and suggest mechanisms by which such provisions are effectively implemented. Section 13. (mplementing Rules and Regulations. An interagency committee headed by the 2SA2, in coordination with the 2'9, 2#CS, C9#2, T#S2A, 2'"#, +9A, and 2!": is hereby established which shall formulate, within ninety ,871 days upon the effectivity of this Act, the implementing rules and regulations in consultation with the local government units, nongovernment organi(ations and peopleJs organi(ations. Section 14. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the budget of concerned government agencies in the :eneral Appropriations Act of the year following its enactment into law and thereafter.9a#phil.net Section 15. Repealing Clause. - All laws, decrees, e*ecutive orders, administrative orders or parts
Du$an C La#or + C Prof. Battad C Page )>

thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. Section 16. +eparability Clause. - !f any provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall continue to be in full force and effect. Section 17. )ffectivity Clause. - This Act shall ta)e effect fifteen ,-/1 days following its complete publication in the &fficial a/ette or in at least two ,.1 newspaper of general circulation. Approved. ,Sgd.1 C!SE#+ ECERCIT! President of the Philippines ESTRA A

epublic of the 5hilippines +ational #conomic 2evelopment Authority S!CIA( E@E(!#$ENT C!$$ITTEE (S C) esolution +o.. ,Series .77.1 A##R!@IN) T+E I$#(E$ENTIN) R"(ES AN RE)"(ATI!NS (IRR) !* RE#",(IC ACT 8972 #R!@I IN) *!R ,ENE*ITS AN #RI@I(E)ES T! S!(! #ARENTS AN T+EIR C+I( REN A+EREAS, it is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development< A+EREAS, in support of this State policy, .A. >86., otherwise )nown as the Solo 5arents? Aelfare Act of .777, has been enacted to develop a comprehensive program for social development and welfare services for solo parents and their children< A+EREAS, to ensure the implementation of the Act, the 2epartment of Social Aelfare and 2evelopment was tas)ed to coordinate with concerned agencies and perform additional functions relative to the welfare and development of solo parents and their children< A+EREAS, an interagency committee headed by 2SA2 and participated in by the 2epartments of 9ealth ,2'91, #ducation ,2ep#d1, "abor and #mployment ,2'"#1, and !nterior and "ocal :overnment ,2!":1, Commission on 9igher #ducation ,C9#21, Technical #ducation and S)ills 2evelopment Authority ,T#S2A1, and +ational 9ousing Authority ,+9A1 drafted the ! in consultation with the local government units, nongovernment organi(ations and people?s organi(ations< A+EREAS, the draft IRR was deliberated upon and approved by the members of the S2C-Cabinet level subject to the incorporation of certain comments during its meeting on the -7th day of April .77.< N!A, T+ERE*!RE, ,E IT RES!(@E , AS IT IS +ERE,D RES!(@E , by the Chairman and members of the +#2A &oard?s Social 2evelopment Committee-Cabinet level, to approve the ! of .A. >86.. RES!(@E *"RT+ER, that this IRR shall be published at least in one newspaper of general circulation. Adopted, this -7 day of April in the year of our "ord, Two Thousand and Two, 5asig City. R"(ES AN RE)"(ATI!NS IN T+E I$#(E$ENTATI!N !* RE#",(IC ACT N!. 8972,

AN ACT #R!@I IN) *!R ,ENE*ITS AN #RI@I(E)ES T! S!(! #ARENTS AN T+EIR C+I( REN, A##R!#RIATIN) *"N S T+ERE*!R AN *!R !T+ER #"R#!SES A T!C"# ! T!T"#, 5B 5'S# A+2 C'+ST BCT!'+ Section -. Title % These rules shall be )nown and cited as the ules and egulations !mplementing epublic Act +o. >86., more commonly )nown as the So7o #4rent&L Ae7'4re Act o' 2000. Section .. 5urpose % These ules are promulgated to prescribe the procedure and guidelines for the implementation of the Solo 5arents? Aelfare Act of .777 in order to facilitate the compliance therewith and to achieve the objectives thereof. Section 4. Construction % These ules shall be 7i5er477- construed in '4.or o' t0e &o7o 14rent and applied in accordance with and in furtherance of the policy and objectives of the law. !n case of conflict andHor ambiguity, which may arise in the implementation of these ules, the concerned agencies shall issue the necessary clarification. A T!C"# !! 2#C"A AT!'+ 'C 5'"!C!#S A+2 '&@#CT!D#S Section 0. 2eclaration of 5olicy % !t is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a comprehensive program of services for solo parents and their children to be carried out by the 2epartment of Social Aelfare and 2evelopment ,2SA21, the 2epartment of 9ealth ,2'91, the 2epartment of #ducation ,2ep#d1, the 2epartment of the !nterior and "ocal :overnment ,2!":1, the Commission on 9igher #ducation ,C9#21, the Technical #ducation and S)ills 2evelopment Authority ,T#S2A1, the +ational 9ousing Authority ,+9A1, the 2epartment of "abor and #mployment ,2'"#1 and other related government agencies and non-government organi(ations or civil society. Section /. 'bjective % These ules and egulations see) to clarify the scope and application of the Act in order that the proper parties may avail of its benefits. A T!C"# !!! 2#C!+!T!'+ 'C T# =S Section 3. 2efinition of terms % As used in these ules, the following terms shall mean as follows; ,a1 FActG % the Solo 5arents? Aelfare Act of .777< ,b1 FSolo 5arentG % any individual who falls under any of the following categories; ,-1 A woman who gives birth as a result of rape or crimes against chastity, even without a final conviction of the offender; 5rovided, that the mother )eeps and raises the child< ,.1 5arent left solo or alone with the responsibility of parenthood due to death of spouse< ,41 5arent left solo or alone with the responsibility of parenthood while the spouse is detained, or is serving sentence for a criminal conviction for at least one ,-1 year< The law applies to the spouses of prisoners, whether or not a final judgement has been rendered, provided
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they are in detention for a minimum period of one ,-1 year< ,01 5arent left solo or alone with the responsibility of parenthood due to physical andHor mental incapacity of spouse as certified by a public medical practitioner< ,/1 5arent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one ,-1 year; 5rovided, that he or she is entrusted with the custody of the children< ,31 5arent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marrriage as decreed by a court or by a church; 5rovided, that heHshe is entrusted with the custody of the children< ,61 5arent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one ,-1 year< ,>1 Bnmarried motherHfather who has preferred to )eep and rear hisHher childHchildren instead of having others care for them or give them up to a welfare institution< ,81 Any other person who solely provides parental care and support to a child or children provided heHshe is duly licensed as a foster parent by the 2SA2 or duly appointed legal guardian by the court< ,-71 Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or absence lasts for at least one ,-1 year. A change in the status or circumstance of the parent claiming benefits under the Act, such that heHshe is no longer left alone with the responsibility of parenthood, shall terminate hisHher eligibility for these benefits< ,c1 FCamilyG % shall refer to the Solo 5arent and hisHher childHchildren< 5rovided, however, that the family member referred to in Section 4, paragraph ,a1,-71 of these ules shall include any relative by consanguinity up to the fourth civil degree. These persons shall include, but are not limited to, any uncle, aunt, grandfather, grandmother, niece, nephew, or cousin< ,d1 FSocial Aor)erG % a person who is a graduate of Social Aor) and duly registered pursuant to epublic Act 0464 and employed with the Social Aelfare and 2evelopment 'ffice of the local government unit where the solo parent resides< ,e1 FChildrenG % refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and 5e7o2 ei90teen (18) -e4r& o' 49e, or e.en ei90teen (18) -e4r& 4n3 45o.e but are incapable of self-support andHor mentally andHor physically challenged<

,f1 F5arental responsibilityG % with respect to their minor children shall refer to the rights and duties of the parents as defined in Article ..7 of #*ecutive 'rder +o. .78, as amended, otherwise )nown as the FCamily Code of the 5hilippines,G and hereunder enumerated as follows; ,-1 To )eep them in their company, to support, educate and instruct them by right precept and good e*ample and to provide for their upbringing in )eeping with their means< ,.1 To give them love and affection, advice and counsel, companionship and understanding< ,41 To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citi(enship< ,01 To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals< ,/1 To represent them in all matters affecting their interest< ,31 To demand from them respect and obedience< ,61 To !mpose discipline on them as may be required under the circumstances< and ,>1 To perform such other duties as are imposed by law and upon parents and guardians< ,g1 F5arental leaveG % shall mean leave benefits granted to a solo parent to enable himHher to perform parental duties and responsibilities where physical presence is required< ,h1 FCle*ible wor) scheduleG % is the right granted to a solo parent employee to vary hisHher arrival and departure time without affecting the core wor) hours as defined by the employer< ,i1 F2SA2G % shall refer to the 2epartment of Social Aelfare and 2evelopment< ,j1 F2'9G % shall refer to the 2epartment of 9ealth< ,)1 F2'"#G % shall refer to the 2epartment of "abor and #mployment< ,l1 F2ep#dG % shall refer to the 2epartment of #ducation< ,m1 F2!":G % shall refer to the 2epartment of the !nterior and "ocal :overnment< ,n1 FC9#2G % shall refer to the Commission on 9igher #ducation<
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,o1 F+9AG % shall refer to the +ational 9ousing Authority< ,p1 FT#S2AG % shall refer to the Technical #ducation and S)ills 2evelopment Authority< ,q1 F+#2AG % shall refer to the +ational #conomic and 2evelopment Authority< ,r1 F+SC&G % shall refer to the +ational Statistical Coordination &oard, an attached agency of +#2A and responsible for determining the regional poverty threshold. A T!C"# !D C !T# !A C' SB55' T Section 6. Criteria for Support % Any solo parent whose income in the place of domicile '477& e?/47 to or 5e7o2 t0e 1o.ert- t0re&0o73 as set by the +SC& and subject to the assessment of the duly appointed or designated social wor)er in the area shall be eligible for assistance; 5rovided, however, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections -3, -6, ->, -8, .7, .- and .4 of these ules. Cor purposes of the Act and these ules, the place of domicile shall refer to the residence mentioned in Section >,a1 of these ules. Section >. Lualifications of Solo 5arent % A solo parent see)ing benefits other than those provided for under Sections -3, -6, ->, -8, .7, .- and .4 of these ules shall be qualified on the basis of the following; ,a1 A resident of the area where the assistance is sought, 4& certi'ie3 5t0e 54r4n94- c41t4in> #ro.i3e3, t04t i' t0e &o7o 14rent i& 4 tr4n&'eree 'ro6 4not0er 54r4n94-, 0eI&0e i& re?/ire3 to &ec/re 4 c7e4r4nce 'ro6 0i&I0er 1re.io/& 54r4n94-, in3ic4tin9 20et0er or not 0eI&0e 04& 4.4i7e3 o' 4n- 5ene'it& 'or &o7o 14rent&, 4n3 t0e n4t/re o' &/c0 5ene'it&. ,b1 Aith an income level equal to or below the poverty threshold as set forth by +SC& and assessed by a social wor)er as provided for under Section 6 of these ules.

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Section 8. Assessment %an applicant who manifests the need for assistance under the Act is subject to assessment by a social wor)er at the cityHmunicipal Social Aelfare and 2evelopment 'ffice. The assessment shall cover, but not be limited to, the following; ,a1 2etermination of the applicant?s category as enumerated in Article !!! Section 3 paragraph ,b1 of these ules< ,b1 #valuation of the needs of the applicant and hisHher children as basis for provision of the appropriate service and intervention< ,c1 !dentification of the level of readiness of the applicant to receive a particular serviceHassistance, which shall serve as basis for the conduct of social preparation activities prior to the provision of such serviceHassistance< and ,d1 !dentification of e*isting and potentially available resources that may support the applicant and hisHher children. Section -7. 5rocedure in Accessing Services for Solo 5arents - A person who needs assistance under this Act shall comply with the following process< ,a1 Disit the Social Aelfare and 2evelopment 'ffice of the city or municipality of herHhis residence to manifest herHhis need for assistance< ,b1 Cill up application form for the assistance, indicating but not limited to, the following information; -. +ame .. Age 4. AddressHArea of 2omicile 0. !ncome per month /. SourceHs of income 3. +umber of children 6. Circumstances of being solo< ,c1 Bndergo the necessary assessment process as stipulated in Section 8 Article !D of these ules< ,d1 A Social Case Study eport shall be prepared by the social wor)er based on the informationHdata provided for by the applicant, as well as hisHher assessment of said applicant, indicating therein the appropriate services needed. ,e1 The Social Case Study eport, together with a referral letter prepared by the social wor)er, shall be forwarded by the 'ffice of the CityH=unicipal Social Aelfare and 2evelopment 'ffice to the

agency concerned providing appropriate assistanceHservice.

the

,f1 The social wor)er shall inform the solo parent of the status of hisHher application within thirty ,471 wor)ing days from the filing of such and shall require himHher to visit the agencyHinstitution providing the assistance. !n case the applicant is not qualified for services under this Act, heHshe will be referred to the appropriate agencyHprogram for assistance. ,g1 Bpon the favorable evaluation of the social wor)er, a Solo 5arent !dentification Card shall be issued on the solo parent within 30 34-& upon application duly signed by the cityHmunicipal Social Aelfare 'fficer and the cityHmunicipal mayor. The Solo 5arent !dentification Card is necessary for the availment of benefits under the Act and these ules. Such !dentification Card shall be valid for only one ,-1 year, but may be renewed subject to a new assessment and evaluation< ,h1 Cor the public?s information and guidance, a list of persons who applied and those who were able to avail of the benefits under this Act shall be made available by the concerned cityHmunicipal social welfare and development office which processed their applications.

Section --. 5rocedure for Application of &enefits % An applicant who was determined by a social wor)er to be eligible for assistance may apply for benefits under this Act through the following< ,a1 The solo parent may go to the agency providing such benefit bringing with herHhim the !dentification Card issued by the =unicipalHCity Social Aelfare and 2evelopment 'ffice< ,b1 Bndergo the necessary qualifying activities required by the agency as prescribed by these ules< and

,c1 Comply with the requirements set forth by the agency providing the service for the duration of the assistance ,e.g. schooling, housing1 subject to e*isting rules of the agencies concerned. Section -.. 5rocedure for Termination of &enefits ,a1 A solo parent shall manifest to the Social Aelfare 'ffice hisHher intention to withdraw the availment of the benefits under this Act. (5) !f the solo parent does not voluntarily manifest hisHher intention to terminate the provision of benefits and services 5e'ore t0e 741&e o' one -e4r 'ro6 t0e i&&/4nce o' t0e So7o #4rent I. ., the Social Aor)er, based on a report by the
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employer or any interested person shall conduct the necessary assessmentHevaluation to ascertain if grounds for termination and withdrawal of benefits e*ist. The !dentification Card shall cease to be effective upon the lapse of one year from issuance, unless renewed based on a new assessment and evaluation. *4i7/re to rene2 2i77 6e4n t04t 0eI&0e 04& c04n9e3 0i&I0er &t4t/& 4& 4 &o7o 14rent. (c) The solo parent shall be informed of the result of the assessmentHevaluation and termination of the service, if warranted, through written notice. The termination shall ta)e effect 47 days from the receipt of the notice of termination. !n cases when the service cannot be terminated in a period of one month, e.g. schooling, the service shall be completed until its due time. The +9A and other participating housing agencies shall issue the guidelines in the termination of housing benefits provided in sections .4 and .0 of these ules. (3) The solo parent and hisHher children shall undergo psychosocial counseling with the social wor)er to prepare them for independent living. Section -4. elocation of the Camily % !n the event a solo parent decides to relocate hisHher family, heHshe shall inform the cityHmunicipal Social Aelfare and 2evelopment 'ffice. Said office shall thereupon transmit the records to the cityHmunicipal Social Aelfare and 2evelopment 'ffice of the place of relocation. Section -0. 2uty to =onitor % !t shall be the duty of the cityHmunicipal Social Aelfare 'fficer who receives said records, to assign a social wor)er to monitor the status of the relocated solo parent and hisHher family. =oreover, it shall also be the duty of said officer to coordinate with the concerned agencies of any changes in the status of the solo parent receiving benefits from said agencies. A T!C"# D &#+#C!TS Section -/. Comprehensive 5ac)age of Social 2evelopment and Aelfare Services % A comprehensive pac)age of social development and welfare services for solo parents and their families will be developed by the 2SA2, 2'9, 2ep#d, C9#2, T#S2A, 2'"#, +9A and 2!":, in coordination with local government units and non-governmental organi(ations with proven trac) record in providing services for solo parents. The 2SA2 shall coordinate with concerned agencies the implementation of the comprehensive pac)age of social development and welfare services for solo parents and their families. The pac)age will initially include; ,a1 "ivelihood development services, which include training on livelihood s)ills, basic business management, value orientation and the provision of seed capital or job placement. The criteria and procedure for evaluation of beneficiaries for the purposes of availing of the

benefits of this item shall be provided for by the 2'"# and T#S2A< the provision of seed capital shall be guided by the credit policy of the +ational Credit Council as contained in #.'. +o. -4>, F ationali(ation of :overnment 2irected Credit 5rogramG, passed in -888. ,b1 Counseling services, which include individual, peer group or family counseling. These will focus on the resolution of personal relationship and role conflicts.

The criteria and procedure for evaluation of beneficiaries for the purposes of availing of the benefits of this item shall be provided for by the 2SA2< ,c1 5arent effectiveness services which include the provision and e*pansion of )nowledge and s)ills of the solo parent on early childhood development, behavior management, health care and proper nutrition, rights and duties of parents and children< ,d1 Critical incidence stress debriefing, which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse< ,e1 Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or egobuilding, crisis management and spiritual enrichment. Section -3. Cle*ible Aor) Schedule % The employer shall provide for a fle*ible wor) schedule for solo parents; 5rovided, That the same shall not affect individual and company productivity; 5rovided further, That any employer may request e*emption from the above requirements from the 2'"# on certain meritorious grounds. !n the case of employees in the government service, fle*ible wor)ing hours will be subject to the discretion of the head of the agency. !n no case shall the wee)ly wor)ing hours be reduced in the event the agency adopts the fle*ible wor)ing hours schedule format ,fle*i-time1. !n the adoption of fle*i-time, the core wor)ing hours shall be prescribed ta)ing into consideration the needs of the service.. Section -6. Aor) 2iscrimination % +o employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of hisHher status. Section ->. 5arental "eave % !n addition to leave privileges under e*isting laws, parental leave of not more than seven ,61 wor)ing days every year shall be granted to any solo parent employee who has rendered service of at least one ,-1 year. The sevenday parental leave shall be non-cumulative. Section -8. Conditions for #ntitlement of 5arental "eave % A solo parent shall be entitled to parental leave provided that; ,a1 9eHShe has rendered at least one ,-1 year of service whether continuous or bro)en at the time of the affectivity of the Act<
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,b1 9eHShe has notified hisHher employer of the availment thereof within a reasonable time period< and ,c1 9eHShe has presented a Solo 5arent !dentification Card to hisHher employer. Section .7. +on-conversion of 5arental "eave % !n the event that the parental leave is not availed of, said leave shall not be convertible to cash unless specifically agreed upon previously. 9owever, if said leave were denied an employee as a result of noncompliance with the provisions of these ules by an employer, the aforementioned leave may be used a basis for the computation of damages. Section .-. Crediting of #*isting "eave % !f there is an e*isting or similar benefit under a company policy, or a collective bargaining agreement or collective negotiation agreement the same shall be credited as such. !f the same is greater than the seven ,61 days provided for in the Act, the greater benefit shall prevail. #mergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under the Act and these ules. Section ... #ducational &enefits % The 2ep#d, C9#2 and T#S2A shall provide the following benefits and privileges; ,a1 Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technicalHs)ills education< ,b1 +on-formal education programs appropriate for solo parents and their children.

regulations of participating housing agencies shall be provided with liberal terms of payment on government low-cost housing projects, in accordance with housing law provisions, prioriti(ing applicants below the poverty line as declared by the +SC&. Section.0. The +9A shall ma)e available housing units to solo parents in its housing projects subject to e*isting disposition policies or may refer them to other housing projects, as appropriate, provided that; ,a1 The identified solo parent must be eligible for assistance under the provisions of this Act< ,b1 Solo parents applying for housing benefits must meet the qualification criteria for housing assistance under epublic Act 6.68, or the Brban 2evelopment and 9ousing Act ,B29A1 and other +9A eligibility criteria under e*isting policies, rules and regulations< and

,c1 #ligible solo parents shall file their application for housing unit directly with the concerned +9A 5roject 'ffices. Bpon written request, the +9A shall provide the 2SA2 a listing of +9A projects with available housing units for disposition. This list shall be updated and provided semi-annually. Section ./. =edical Assistance % The 2'9 shall develop a comprehensive health care program for solo parents and their children. The program shall be implemented by the 2'9 through their retained hospitals and medical centers and the local government units ,":Bs1 through their provincialHdistrictHcityHmunicipal hospitals and rural health units , 9Bs1. Section .3. #ssential 9ealth 5ac)ages % To ensure the state of well-being of the solo parent and hisHher family, healthyHmedical services shall be made available at all times, in all levels of health care delivery system as mentioned in the previous section. These healthHmedical services shall be part of the regular essential health pac)ages being provided at various stages of life. A T!C"# D! A22!T!'+A" 5'A# S A+2 CB+CT!'+S 'C T9# 2SA2 Section .6. Additional 5owers and Cunctions of the 2SA2 % The 2SA2 shall perform the following additional powers and functions relative to the welfare and development of solo parents and their families; ,a1 Conduct research necessary to;

Application 5rocedure; -. Applicant must secure application form from either 2ep#d, C9#2 and T#S2A depending on their need< .. Submit the duly accomplished application form together with the required documents to the appropriate agency. The following are the documents required to be attached with the application; -. Solo 5arent !dentification Card .. &arangay Clearance 4. &irth Certificate 0. +otice of admission from the school /. 'riginal or Certified True Copy of the transcript of record, or the eport Care of the last year the applicant attended school. Section .4. 9ousing &enefits % Solo parents who meet the eligibility criteria for housing assistance under .A. +o. 6.68 ,Brban 2evelopment and 9ousing Act of -88.1 and other related rules and

,-1 develop a new body of )nowledge on solo parents< ,.1 2efine e*ecutive and legislative measures needed to promote and protect the interest of solo parents and their children< and ,41 Assess the effectiveness of policies and programs designed for solo parents and their children<
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The commissioning or contracting out for the conduct of said research shall be inherent in the performance of herein function< ,b1 Coordinate the activities of various government agencies, ()"&, and nongovernment organi(ations engaged in promoting and protecting the interests of solo parents and their children< ,c1 Coordinate the dissemination of information concerning the benefits of the Act and these ules, as well as other advocacy activities< and =onitor the implementation of the provisions of this Act and suggest mechanisms by which such provisions are efficiently and effectively implemented.

,ULE :+ %ervi e Charges %EC"+/9 '. Coverage. O "his rule shall apply only to esta#lish$ents olle ting servi e harges su h as hotels! restaurants! lodging houses! night lu#s! o 3tail lounge! $assage lini s! #ars! asinos and ga$#ling houses! and si$ilar enterprises! in luding those entities operating pri$arily as private su#sidiaries of the 1overn$ent. %EC"+/9 6. E$ployees overed. O "his rule shall apply to all e$ployees of overed e$ployers! regardless of their positions! designations or e$ploy$ent status! and irrespe tive of the $ethod #y whi h their wages are paid e2 ept to $anagerial e$ployees. As used herein! a W$anagerial e$ployeeW shall $ean one who is vested with powers or prerogatives to lay down and e2e ute $anage$ent poli ies andCor to hire! transfer! suspend! lay0off! re all! dis harge! assign! or dis ipline e$ployees or to effe tively re o$$end su h $anagerial a tions. All e$ployees not falling within this definition shall #e onsidered ran30and0file e$ployees. %EC"+/9 >. Distri#ution of servi e harges. O All servi e harges olle ted #y overed e$ployers shall #e distri#uted at the rate of )@P for the e$ployees and '@P for the $anage$ent. "he )@P shall #e distri#uted e?ually a$ong the overed e$ployees. "he '@P shall #e for the disposition #y $anage$ent to answer for losses and #rea3ages and distri#ution to $anagerial e$ployees at the dis retion of the $anage$ent in the latter ase. %EC"+/9 A. Kre?uen y of distri#ution. O "he shares referred to herein shall #e distri#uted and paid to the e$ployees not less than on e every two (6) wee3s or twi e a $onth at intervals not e2 eeding si2teen ('B) days. %EC"+/9 @. +ntegration of servi e harges. O +n ase the servi e harges is a#olished the share of overed e$ployees shall #e onsidered integrated in their wages. "he #asis of the a$ount to #e integrated shall #e the average $onthly share of ea h e$ployee for the past twelve ('6) $onths i$$ediately pre eding the a#olition of withdrawal of su h harges. %EC"+/9 B. ,elation to agree$ents. O 9othing in this ,ule shall prevent the e$ployer and his e$ployees fro$ entering into any agree$ent with ter$s $ore favora#le to the e$ployees than those provided herein! or #e used to di$inish any #enefit granted to the e$ployees under e2isting laws! agree$ent and voluntary e$ployer pra ti e. %EC"+/9 *. "his rule shall #e without pre5udi e to e2isting! future olle tive #argaining agree$ents. 9othing in this rule shall #e onstrued to 5ustify the redu tion or di$inution of any #enefit #eing en5oyed #y any e$ployee at the ti$e of effe tivity of this rule. a. #. Covered E$ployees! Art. (B %haring! Art. (B

,d1

Section .>. eview Committee % A special review committee comprised of members from the SA , !+, e1E3, I(), C+E , TES A, N+A, !(E 4n3 ot0er re74te3 9o.ern6ent 49encie& and nongovernment organi(ations or civil society involved in the implementation of the provisions of the Act shall be created and headed by the 2SA2 for the purpose of evaluating the efficacy and relevancy of the provisions of the Act to the present situation. The duties and responsibilities of the members of this eview Committee shall be considered as part of their regular functions. A T!C"# D!! C!+A" 5 'D!S!'+S Section .8. Appropriations % The amount necessary to carry out the provisions of the Act shall be included in the budget of concerned government agencies in the :eneral Appropriations Act of the year following its enactment into law and thereafter. Section 47. epealing Clause % All laws, decrees, e*ecutive orders, administrative orders or parts thereof inconsistent with the provisions of the Act are hereby repealed, amended or modified accordingly. Section 4-. Separability Clause % !f any provision of the Act is held invalid or unconstitutional, other provisions not affected thereby shall continue to be in full force and effect. Section 4.. #ffectivity Clause % These !mplementing ules and egulations shall ta)e effect fifteen ,-/1 days following its publication in one ,-1 national newspaper of general circulation.
*. %ervi e Charges ,eferen e8 Art. (B< /$ni#us ,ules! Boo3 +++! ,ule :+

A,". (B. Ser#ice charges. 0 All servi e harges olle ted #y hotels! restaurants and si$ilar esta#lish$ents shall #e distri#uted at the rate of eighty0five per ent ()@P) for all overed e$ployees and fifteen per ent ('@P) for $anage$ent. "he share of the e$ployees shall #e e?ually distri#uted a$ong the$. +n ase the servi e harge is a#olished! the share of the overed e$ployees shall #e onsidered integrated in their wages.

Du$an C La#or + C Prof. Battad C Page (;

G"

1,&,m.m W#/es #&* W#/e F,2,&/ 1#'0,&er: ,eferen e8 :++0:+++ Art. (B< /$ni#us ,ules! Boo3 +++! ,ules

f) W,etail Esta#lish$entW is one prin ipally engaged in the sale of goods to end0users for personal or household use< g) W%ervi e Esta#lish$entW is one pri$arily engaged in the sale of servi e to individuals for their own or household use and is generally re ognized as su h< h) WCottageC.andi raft Esta#lish$entW is one engaged in an e ono$i endeavor in whi h the produ ts are pri$arily done in the ho$e or su h other pla es for profit whi h re?uires $anual de2terity and rafts$anship and whose apitalization does not e2 eed P@;;!;;;! regardless of previous registration with the defun t 9AC+DA< i) W9ational Capital ,egionW overs the ities of Qaloo3an! Danila! Pasay and Luezon and the $uni ipalities of Las PiSas! Da3ati! Dala#on! Dandaluyong! Dari3ina! Duntinlupa! 9avotas! ParaSa?ue! Pasig! Pateros! %an &uan! "aguig and :alenzuela< 5) W,egion +++W overs the provin es of Bataan! Bula an! 9ueva E i5a! Pa$panga! "arla ! and Va$#ales and the ities of Angeles! Ca#anatuan! /longapo! Palayan and %an &ose< 3) W,egion +:W overs the provin es of Aurora! Batangas! Cavite! Laguna! Darindu?ue! / idental Dindoro! Palawan! Luezon! ,izal and ,o$#lon and the ities of Batangas! Cavite! Lipa! Lu ena! Puerto Prin esa! %an Pa#lo! "agaytay and "re e Dartires< l) WDepart$entW refers to the Depart$ent of La#or and E$ploy$ent< $) W%e retaryW $eans the %e retary of La#or and E$ploy$ent<

A,". ((. ,egional minimum &ages. 0 "he $ini$u$ wage rates for agri ultural and non0agri ultural e$ployees and wor3ers in ea h and every region of the ountry shall #e those pres ri#ed #y the ,egional "ripartite 4ages and Produ tivity Boards. (As a$ended #y %e tion >! ,epu#li A t 9o. B*6*! &une (! '()(). Art =+++! %e tion >. "he %tate shall afford full prote tion to la#or! lo al and overseas! organized and unorganized! and pro$ote full e$ploy$ent and e?uality of e$ploy$ent opportunities for all. +t shall guarantee the rights of all wor3ers to self0 organization! olle tive #argaining and negotiations! and pea eful on erted a tivities! in luding the right to stri3e in a ordan e with law. "hey shall #e entitled to se urity of tenure! hu$ane onditions of wor3! and a living wage. "hey shall also parti ipate in poli y and de ision0$a3ing pro esses affe ting their rights and #enefits as $ay #e provided #y law. "he %tate shall pro$ote the prin iple of shared responsi#ility #etween wor3ers and e$ployers and the preferential use of voluntary $odes in settling disputes! in luding on iliation! and shall enfor e their $utual o$plian e therewith to foster industrial pea e. "he %tate shall regulate the relations #etween wor3ers and e$ployers! re ognizing the right of la#or to its 5ust share in the fruits of produ tion and the right of enterprises to reasona#le returns to invest$ents! and to e2pansion and growth.

,ULE :++ 4ages %EC"+/9 '. Definition of "er$s. As used in this ,ules O a) WA tW $eans ,epu#li A t 9o. B*6*< #) WCo$$issionW $eans the 9ational 4ages and Produ tivity Co$$ission< ) WBoardW $eans the ,egional "ripartite 4ages and Produ tivity Board< d) WAgri ultureW refers to all far$ing a tivities in all its #ran hes and in ludes a$ong others! the ultivation and tillage of the soil! produ tion! ultivation! growing and harvesting of any agri ultural or horti ultural o$$odities! dairying! raising of livesto 3 or poultry! the ulture of fish and other a?uati produ ts in far$s or ponds! and any a tivities perfor$ed #y a far$er or on a far$ as an in ident to or in on5un tion with su h far$ing operations! #ut does not in lude the $anufa turing andCor pro essing of sugar! o onut! a#a a! to#a o! pineapple! a?uati or other far$ produ ts< e) WPlantation Agri ultural EnterpriseW is one engaged in agri ulture within an area of $ore than 6A he tares in a lo ality andCor whi h e$ploys at least 6; wor3ers. Any other agri ultural enterprise shall #e onsidered as W9on0Plantation Agri ultural EnterprisesW<

n) WBasi 4ageW $eans all re$uneration or earnings paid #y an e$ployer to a wor3er for servi es rendered on nor$al wor3ing days and hours #ut does not in lude ost0of0living allowan es! profit sharing pay$ents! pre$iu$ pay$ents! '>th $onth pay or other $onetary #enefits whi h are not onsidered as part of or integrated into the regular salary of the wor3ers on the date the A t #e a$e effe tive.W o) W%tatutory Dini$u$ 4ageW is the lowest wage fi2ed #y law that an e$ployer an pay his wor3ers< p) W4age DistortionW $eans a situation where an in rease in pres ri#ed wage rates results in the eli$ination or severe ontra tion of intentional ?uantitative differen es in wage or salary rates #etween and a$ong e$ployee groups in an esta#lish$ent as to effe tively o#literate the distin tions e$#odied in su h wage stru ture #ased on s3ills! length of servi e! or other logi al #ases of differentiation< ?) WCapitalizationW $eans paid0up apital! in the ase of a orporation! and total invested apital! in the ase of a partnership or single proprietorship. C.AP"E, + 4age +n rease %EC"+/9 '. Coverage. O "he wage in rease pres ri#ed under the A t shall apply to all wor3ers and e$ployees in the private se tor regardless of Du$an C La#or + C Prof. Battad C Page ('

their position! designation or status! and irrespe tive of the $ethod #y whi h their wages are paid! e2 ept8 a) .ousehold or do$esti helpers! in luding fa$ily drivers and wor3ers in the personal servi e of another< #) 4or3ers and e$ployees in retailCservi e esta#lish$ents regularly e$ploying not $ore than '; wor3ers! when e2e$pted fro$ o$plian e with the A t! for a period fi2ed #y the Co$$issionCBoards in a ordan e with %e tion A ( ) of the A t and %e tion '@! Chapter ' of these ,ules< ) 4or3ers and e$ployees in new #usiness enterprises outside the 9ational Capital ,egion and e2port pro essing zones for a period of not $ore than two or three years! as the ase $ay #e! fro$ the start of operations when e2e$pted in a ordan e with %e tion @ of the A t and %e tion '@! Chapter + of these ,ules< d) 4or3ers and e$ployees re eiving a #asi wage of $ore than P';;.;; per day. %EC"+/9 6. Effe tivity. O "he A t ta3es effe t on &uly '! '()(! '@ days following its o$plete pu#li ation in two newspapers of general ir ulation on &une '@! '()( pursuant to %e tion '@ thereof. %EC"+/9 >. A$ount of Dini$u$ 4age +n rease. O Effe tive &uly '! '()(! the daily statutory $ini$u$ wage rates of overed wor3ers and e$ployees shall #e in reased as follows8 a) P6@.;; for those in the 9ational Capital ,egion< #) P6@.;; for those outside the 9ational Capital ,egion! e2 ept for the following8 P6;.;; for those in plantation agri ultural enterprises with an annual gross sales of less than P@ $illion in the fis al year i$$ediately pre eding the effe tivity of the A t< P'@.;; for those in the following enterprises8 '. 9on0plantation agri ulture 6. CottageChandi raft >. ,etailC%ervi e regularly e$ploying not $ore than '; wor3ers A. Business enterprises with a apitalization of not $ore than P@;;!;;; and e$ploying not $ore than 6; wor3ers. %EC"+/9 A. 4hen 4age +n rease Due /ther 4or3ers. O a) All wor3ers and e$ployees who! prior to &uly '! '()(! were already re eiving a #asi wage a#ove the statutory $ini$u$ wage rates provided under ,epu#li A t BBA; #ut not over P';;.;; per day shall re eive a wage in rease e?uivalent to that provided in the pre eding %e tion. #) "hose re eiving not $ore than the following $onthly #asi wage rates prior to &uly '! '()( shall #e dee$ed overed #y the pre eding su#se tion8

(i) P>!6@*.@; O where the wor3ers and e$ployees wor3 everyday! in luding pre$iu$ pay$ents for %undays or rest days! spe ial days and regular holidays. (ii) P>!;A'.B* O where the wor3ers and e$ployees do not wor3 #ut onsidered paid on rest days! spe ial days and regular holidays. (iii) P6!B'B.B* O where the wor3ers and e$ployees do not wor3 and are not onsidered paid on %undays or rest days. (iv) P6!')>.>> O where the wor3ers and e$ployees do not wor3 and are not onsidered paid on %aturdays and %undays or rest days. ) 4or3ers and e$ployees who! prior to &uly '! '()(! were re eiving a #asi wage of $ore than P';;.;; per day or its $onthly e?uivalent! are not #y law entitled to the wage in rease provided under the A t. "hey $ay however! re eive wage in reases through the orre tion of wage distortions in a ordan e with %e tion 'B! Chapter + of these ,ules. %EC"+/9 @. Daily %tatutory Dini$u$ 4age ,ates. O "he daily $ini$u$ wage rates of wor3ers and e$ployees shall #e as follows8 %e torC+ndustry Under Under ,. A. BBA; ,. A. B*6* (Effe tive (Effe tive De . 'A! &uly '! '()*) '()()

A. 9A"+/9AL CAP+"AL ,E1+/9 9on0Agri ulture Agri ulture Plantation 9on0Plantation CottageC.andi raft E$ploying $ore wor3ers E$ploying >; wor3ers Private 4ith #ed than ';; 4ith or less #ed not PBA.;; P)(.;;

@A.;; A>.@;

*(.;; B).@;

than @6.;; $ore @;.;;

>; **.;; than *@.;;

.ospitals apa ity of BA.;; apa ity of B;.;;

$ore )(.;; ';; )@.;;

,etailC%ervi e E$ploying wor3ers E$ploying wor3ers E$ploying '; wor3ers

$ore

than BA.;; to B;.;; $ore A>.;;

'@ )(.;; '@ )@.;; than B).;;

''

not

B. /U"%+DE 9A"+/9AL CAP+"AL ,E1+/9

Du$an C La#or + C Prof. Battad C Page (6

9on0Agri ulture Agri ulture Plantation with sales of P@D or $ore Plantation with sales of less than P@D 9on0plantation CottageC.andi raft E$ploying >; wor3ers E$ploying than >; wor3ers Private .ospitals ,etailC%ervi e Cities wC than '@;!;;; E$ploying '@ wor3ers

BA.;;

)(.;;

Duni ipalities wC population than '@;!;;; E$ploying wor3ers *@.;; $ore

and of

not

Cities $ore

annual @A.;; annual @A.;; A>.@;

gross *(.;; gross *A.;; @).@;

than

'; B;.;;

$ore

@6.;;

than B*.;;

%EC"+/9 B. %uggested Kor$ula in Deter$ining the E?uivalent Donthly %tatutory Dini$u$ 4age ,ates. O 4ithout pre5udi e to e2isting o$pany pra ti es! agree$ents or poli ies! the following for$ula $ay #e used as guides in deter$ining the e?uivalent $onthly statutory $ini$u$ wage rates8 a) Kor those who are re?uired to wor3 everyday in luding %undays or rest days! spe ial days and regular holidays8 E?uivalent Appli a#le daily wage rate (AD,) 2 >(;.(; days Donthly X OOOOOOOOOOOOOOOOOOO ,ate (ED,) '6

not

$ore @;.;; B@.;; B;.;; )@.;;

population

of

$ore

$ore

than BA.;; )(.;; )@.;; than @).;;

4here >(;.(; days X >;6 days /rdinary wor3ing days 6; days '; regular holidays 2 6;;P BB.>; days @' rest days 2 '>;P 6.B; days 6 spe ial days 2 '>;P

E$ploying '' to '@ wor3ers B;.;; E$ploying '; wor3ers %ugar Dills Agri ulture Plantation wC sales of P@D or $ore Plantation wC sales of less than P@D 9on0plantation annual A).@; annual A).@; A>.@; not $ore A>.;;

gross *>.@; gross B).@; @).@;

>(;.(; days "otal e?uivalent nu$#er of days. #) Kor those who do not wor3 #ut onsidered paid on rest days! spe ial days and regular holidays8 AD, 2 >B@ days ED, X OOOOOOOO '6 4here >B@ days X >;6 days /rdinary wor3ing days

Business Enterprises wC Capitalization of not $ore than P@;;!;;; and e$ploying not $ore than 6; wor3ers 9on0Agri ulture BA.;; *(.;; Agri ulture Plantation Produ ts /ther than %ugar @A.;; %ugar B>.@; Private .ospitals ,etailC%ervi e Cities wC than '@;!;;; E$ploying '@ wor3ers *(.;; B;.;;

B(.;; A).@;

@' days ,est days '; days ,egular holidays 6 days %pe ial days >B@ days "otal e?uivalent nu$#er of days

*@.;;

population

of

$ore ) Kor those who do not wor3 and are not onsidered paid on %undays or rest days8 AD, 2 >'A days BA.;; ED, X OOOOOOO

$ore

than

E$ploying '' to '@ wor3ers

B;.;;

*@.;;

'6 4here >'A days X Du$an C La#or + C Prof. Battad C Page (>

>;6 days /rdinary wor3ing days '; days ,egular holidays 6 days %pe ial days (+f onsidered paid< +f a tually wor3ed! this is e?uivalent to 6.B days) >'A days "otal e?uivalent nu$#er of days d) Kor those who do not wor3 and are not onsidered paid on %aturdays or rest days8 AD, 2 6B6 days ED, X OOOOOOO '6

a) All wor3ers paid #y results! in luding those who are paid on pie ewor3! ta3ay! pa3yaw! or tas3 #asis! shall re eive not less than the appli a#le statutory $ini$u$ wage rates pres ri#ed under the A t for the nor$al wor3ing hours whi h shall not e2 eed eight hours wor3 a day! or a proportion thereof for wor3 of less than the nor$al wor3ing hours. "he ad5usted $ini$u$ wage rates for wor3ers paid #y results shall #e o$puted in a ordan e with the following steps8 ') A$ount of in rease in AD4 0 Previous AD4 2 ';; X P +n rease< 6) E2isting rateCpie e 2 P in rease X in rease in rateCpie e< >) E2isting rateCpie e 7 in rease in rateCpie e X Ad5usted rateCpie e. 4here AD4 is the appli a#le $ini$u$ wage rate.

4here 6B6 days X 6@; days /rdinary wor3ing days '; days ,egular holidays 6 days %pe ial days (+f onsidered paid< +f a tually wor3ed! this is e?uivalent to 6.B days) 6B6 days "otal e?uivalent nu$#er of days (ote/ For &or'ers &hose rest da s fall on Sunda s, the num"er of rest da s in a ear is reduced from 01 to 02 da s, the last Sunda of August "eing a regular holida under Executi#e *rder (o. 132. For purposes of computation, said holida , although still a rest da for them, is included in the ten regular holida s. For &or'ers &hose rest da s do not fall on Sunda s, the num"er of rest da s is 01 da s, as there are 01 &ee's in a ear. 9othing herein shall #e onsidered as authorizing the redu tion of #enefits granted under e2isting agree$ents or e$ployer pra ti esCpoli ies. %EC"+/9 *. Basis of Dini$u$ 4ages ,ates. O "he statutory $ini$u$ wage rules pres ri#ed under the A t shall #e for the nor$al wor3ing hours! whi h shall not e2 eed eight hours wor3 a day. %EC"+/9 ). Credita#le 4age +n rease. O a) 9o wage in rease shall #e redited as o$plian e with the in reases pres ri#ed under the A t unless e2pressly provided under olle tive #argaining agree$ents< and! su h wage in rease was granted not earlier than April '! '()( #ut not later than &uly '! '()(. 4here the wage in rease granted is less than the pres ri#ed in rease under the A t! the e$ployer shall pay the differen e. #) Anniversary wage in rease provided in olle tive agree$ents! $erit wage in rease! and those resulting fro$ the regularization or pro$otion of e$ployees shall not #e redited as o$plian e thereto. %EC"+/9 (. 4or3ers Paid #y ,esults. O Du$an C La#or + C Prof. Battad C Page (A #) "he wage rates of wor3ers who are paid #y results shall ontinue to #e esta#lished in a ordan e with Arti le ';' of the La#or Code! as a$ended and its i$ple$enting regulations. %EC"+/9 ';. 4ages of %pe ial 1roups of 4or3ers. O 4ages of apprenti es! learners and handi apped wor3ers shall in no ase #e less than *@ per ent of the appli a#le statutory $ini$u$ wage rates. All re ognized learnership and apprenti eship agree$ents entered into #efore &uly '! '()( shall #e onsidered as auto$ati ally $odified insofar as their wage lauses are on erned to refle t the in reases pres ri#ed under the A t. %EC"+/9 ''. Appli ation to Contra tors. O +n the ase of ontra ts for onstru tion pro5e ts and for se urity! 5anitorial and si$ilar servi es! the pres ri#ed wage in reases shall #e #orne #y the prin ipals or lients of the onstru tionCservi e ontra tors and the ontra t shall #e dee$ed a$ended a ordingly. +n the event! however! that the prin ipal or lient fails to pay the pres ri#ed wage rates! the onstru tionCservi e ontra tor shall #e 5ointly and severally lia#le with his prin ipal or lient. %EC"+/9 '6. Appli ation to Private Edu ational +nstitution. O Private edu ational institutions whi h in reased tuition fees #eginning s hool year '()(0 '((; shall o$ply with the P6@.;; per day wage in rease pres ri#ed under the A t effe tive as follows8 a) +n ases where the tuition fee in rease was effe ted #efore the effe tivity of the A t! the wage in rease shall ta3e effe t only &uly '! '()(. #) +n ases where the tuition fee in rease was effe ted on or after the effe tivity of the A t! the wage in rease shall ta3e effe t not later than the date the s hool a tually in reased tuition #ut in the latter ase! su h wage in rease $ay not #e $ade retroa tive in &uly '! '()(. Beginning s hool year '((;0'(('! all s hools shall i$ple$ent the wage in rease regardless of whether or not they have a tually in reased tuition fees.

%EC"+/9 '>. Do#ile and Bran h 4or3ers. O "he statutory $ini$u$ wage rates of wor3ers! who #y the nature of their wor3 have to travel! shall #e those appli a#le in the do$i ile or head offi e of the e$ployer. "he $ini$u$ wage rates of wor3ers wor3ing in #ran hes or agen ies of esta#lish$ents in or outside the 9ational Capital ,egion shall #e those appli a#le in the pla e where they are stationed. %EC"+/9 'A. "ransfer of Personnel. O "he transfer of personnel to areas outside the 9ational Capital ,egion shall not #e a valid ground for the redu tion of the wage rates #eing en5oyed #y the wor3ers prior to su h transfer. "he wor3ers transferred to the 9ational Capital ,egion shall #e entitled to the $ini$u$ wage rate appli a#le therein. %EC"+/9 '@. E2e$ptions. O a) "he following esta#lish$ents $ay #e e2e$pted fro$ o$plian e with the wage in rease pres ri#ed under the A t8 ') ,etailC%ervi e esta#lish$ents regularly e$ploying not $ore than '; wor3ers upon appli ation with and as deter$ined #y the appropriate Board in a ordan e with appli a#le guidelines to #e issued #y the Co$$ission. 6) 9ew #usiness enterprises that $ay #e esta#lished outside the 9ational Capital ,egion and e2port pro essing zones fro$ &uly '! '()( to &une >;! '((>! whose operation or invest$ents need initial assistan e $ay #e e2e$pted for not $ore than three years fro$ the start of operations! su#5e t to guidelines to #e issued #y the %e retary in onsultation with the Depart$ent of "rade and +ndustry and the Depart$ent of Agri ulture. 9ew #usiness enterprises in ,egion +++ (Central Luzon) and ,egion +: (%outhern "agalog) $ay #e e2e$pted for two years only fro$ start of operations! e2 ept those that $ay #e esta#lished in the provin es of Palawan! /riental Dindoro! / idental Dindoro! Darindu?ue! ,o$#lon! Luezon and Aurora! whi h $ay also #e e2e$pted for not $ore than three years fro$ the start of operations. #) 4henever an appli ation for e2e$ption has #een duly filed with the appropriate offi e in the Depart$entCBoard! a tion #y the ,egional /ffi e of the Depart$ent on any o$plaints for alleged non0 o$plian e with the A t shall #e deferred pending resolution of the appli ant for e2e$ption. ) +n the event that the appli ation for e2e$ption is not granted! the wor3ers and e$ployees shall re eive the appropriate o$pensation due the$ as provided for under the A t plus interest of one per ent per $onth retroa tive to &uly '! '()( or the start of operations whi hever is appli a#le. %EC"+/9 'B. Effe ts on E2isting 4age %tru ture. O 4here the appli ation of the wage in rease pres ri#ed herein results in distortions in the wage stru ture within an esta#lish$ent whi h gives rise to a dispute therein! su h dispute shall first #e settled voluntarily #etween the parties. +n the event of a deadlo 3! su h dispute shall #e finally resolved through o$pulsory ar#itration #y the regional ar#itration #ran h of the 9ational La#or ,elations Co$$ission (9L,C) having 5urisdi tion over the wor3pla e.

"he 9L,C shall ondu t ontinuous hearings and de ide any dispute arising fro$ wage distortions within twenty alendar days fro$ the ti$e said dispute is for$ally su#$itted to it for ar#itration. "he penden y of a dispute arising fro$ a wage distortion shall not in any way delay the appli a#ility of the in reases in the wage rates pres ri#ed under the A t. Any issue involving wage distortion shall not #e a ground for a stri3eClo 3out. %EC"+/9 '*. Co$plaints for 9on0Co$plian e. O Co$plaints for non0 o$plian e with the wage in reases pres ri#ed under the A t shall #e filed with the ,egional /ffi es of the Depart$ent having 5urisdi tion over the wor3pla e and shall #e the su#5e t of enfor e$ent pro eedings under Arti les '6) and '6( of the La#or Code! as a$ended. %EC"+/9 '). Condu t of inspe tion #y the Depart$ent. O "he Depart$ent shall ondu t inspe tions of esta#lish$ents! as often as ne essary! to deter$ine whether the wor3ers are paid the pres ri#ed wage rates and other #enefits granted #y law or any 4age /rder. +n the ondu t of inspe tion in unionized o$panies! Depart$ent inspe tors shall always #e a o$panied #y the president or other responsi#le offi er of the re ognized #argaining unit or of any interested union. +n the ase of non0 unionized esta#lish$ents! a wor3er representing the wor3ers in the said o$pany shall a o$pany the inspe tor. "he wor3erUs representative shall have the right to su#$it his own findings to the Depart$ent and to testify on the sa$e if he does not on ur with the findings of the la#or inspe tor. %EC"+/9 '(. Pay$ent of 4ages. O Upon written petition of the $a5ority of the wor3ers and e$ployees on erned! all private esta#lish$ents! o$panies! #usinesses and other entities with at least twenty wor3ers and lo ated within one 3ilo$eter radius to a o$$er ial! savings or rural #an3! shall pay the wages and other #enefits of their wor3ers through any of said #an3s! within the period and in the $anner and for$ pres ri#ed under the La#or Code as a$ended. %EC"+/9 6;. Duty of Ban3. O 4henever appli a#le and upon re?uest of on erned wor3er or union! the #an3 through whi h wages and other #enefits are paid issue a ertifi ation of the re ord of pay$ent of said wages and #enefits of a parti ular wor3er or wor3ers for a parti ular payroll period. C.AP"E, ++ "he 9ational 4ages and Produ tivity Co$$ission and ,egional "ripartite 4ages and Produ tivity Boards %EC"+/9 '. Co$$ission. O "he 9ational 4ages and Produ tivity Co$$ission reated under the A t shall hold offi e in the 9ational Capital ,egion. "he Co$$ission shall #e atta hed to the Depart$ent for poli y and progra$ oordination. %EC"+/9 6. Powers and Kun tions of the Co$$ission. O "he Co$$ission shall have the following powers and fun tions8 a) "o a t as the national onsultative and advisory #ody to the President of the Philippines and Congress on $atters relating to wages! in o$es and produ tivity< Du$an C La#or + C Prof. Battad C Page (@

#) "o for$ulate poli ies and guidelines on wages! in o$es and produ tivity i$prove$ent at the enterprise! industry and national levels< ) "o pres ri#e rules and guidelines for the deter$ination of appropriate $ini$u$ wage and produ tivity $easures at the regional! provin ial or industry levels< d) "o review regional wage levels set #y the ,egional "ripartite 4ages and Produ tivity Board to deter$ine if these are in a ordan e with pres ri#ed guidelines and national develop$ent plans< e) "o underta3e studies! resear hes and surveys ne essary for the attain$ent of its fun tions and o#5e tives! and to olle t and o$pile data and periodi ally disse$inate infor$ation on wages and produ tivity and other related infor$ation! in luding! #ut not li$ited to! e$ploy$ent! ost0of0living! la#or osts! invest$ents and returns< f) "o review plans and progra$s of the ,egional "ripartite 4ages and Produ tivity Boards to deter$ine whether these are onsistent with national develop$ent plans< g) "o e2er ise te hni al and ad$inistrative supervision over the ,egional "ripartite 4ages and Produ tivity Boards< h) "o all! fro$ ti$e to ti$e! a national tripartite onferen e of representatives of govern$ent! wor3ers and e$ployers for the onsideration of $easures to pro$ote wage rationalization and produ tivity< and i) "o e2er ise su h powers and fun tions as $ay #e ne essary to i$ple$ent this A t. %EC"+/9 >. Co$position of the Co$$ission. O "he Co$$ission shall #e o$posed of the %e retary as e20offi io Chair$an! the Dire tor 1eneral of the 9ational E ono$i and Develop$ent Authority (9EDA) as e20offi io :i e0Chair$an and two $e$#ers ea h fro$ wor3ers and e$ployers se tors who shall #e appointed #y the President for a ter$ of five years upon re o$$endation of the %e retary. "he re o$$endees shall #e sele ted fro$ the lists of no$inees su#$itted #y the wor3ersU and e$ployersU se tors. "he E2e utive Dire tor of the Co$$ission %e retariat shall #e also a $e$#er of the Co$$ission. "he $e$#ers of the Co$$ission representing la#or and $anage$ent shall have the sa$e ran3! e$olu$ents! allowan es and other #enefits as those pres ri#ed #y law for la#or and $anage$ent representatives in the E$ployeesU Co$pensation Co$$ission. %EC"+/9 A. Co$$ission %e retariat. O "he Co$$ission shall #e assisted #y a %e retariat to #e headed #y an E2e utive Dire tor and two Deputy Dire tors who shall #e appointed #y the President upon re o$$endation of the %e retary. "he E2e utive Dire tor shall have the ran3 of a Depart$ent Assistant %e retary! while the Deputy Dire tors that of a Bureau Dire tor. "he E2e utive Dire tor and Deputy Dire tors shall re eive the orresponding salary! #enefits and other e$olu$ents of the positions.

%EC"+/9 @. ,egional "ripartite 4ages and Produ tivity Boards. O "he ,egional 4ages and Produ tivity Boards reated under the A t in all regions! in luding autono$ous regions as $ay #e esta#lished #y law! shall hold offi es in areas where the ,egional /ffi es of the Depart$ent are lo ated. %EC"+/9 B. Powers and Kun tions of the Boards. O "he Boards shall have the following powers and fun tions8 a) "o develop plans! progra$s and pro5e ts relative to wages! in o$es and produ tivity i$prove$ent for their respe tive regions< #) "o deter$ine and fi2 $ini$u$ wage rates appli a#le in their region! provin es or industries therein and to issue the orresponding wage orders! su#5e t to guidelines issued #y the Co$$ission< ) "o underta3e studies! resear hes! and surveys ne essary for the attain$ent of their fun tions! o#5e tives and progra$s! and to olle t and o$pile data on wages! in o$es! produ tivity and other related infor$ation and periodi ally disse$inate the sa$e< d) "o oordinate with the other Boards as $ay #e ne essary to attain the poli y and intention of the La#or Code< e) "o re eive! pro ess and a t on appli ations for e2e$ption fro$ pres ri#ed wage rates as $ay #e provided #y law or any 4age /rder< and f) "o e2er ise su h other powers and fun tions as $ay #e ne essary to arry out their $andate under the La#or Code. +$ple$entation of the plans! progra$s and pro5e ts of the Boards shall #e through the respe tive ,egional /ffi es of the Depart$ent! provided! however! that the Boards shall have te hni al supervision over the ,egional /ffi e of the Depart$ent with respe t to the i$ple$entation of these plans! progra$s and pro5e ts. %EC"+/9 *. Co$positions of the Boards. O Ea h Board shall #e o$posed of the ,egional Dire tor of the Depart$ent as Chair$an! the ,egional Dire tors of the 9ational E ono$i and Develop$ent Authority (9EDA) and Depart$ent of "rade and +ndustry (D"+) as :i e0Chair$en and two $e$#ers ea h of wor3ers and e$ployers se tors who shall #e appointed #y the President for a ter$ of five years upon the re o$$endation of the %e retary. "he re o$$endees shall #e sele ted fro$ the list of no$inees su#$itted #y the wor3ers and e$ployers se tors. Ea h Board shall #e assisted #y a %e retariat. %EC"+/9 ). Authority to /rganize and Appoint Personnel. O "he Chair$an of the Co$$ission shall organize su h units and appoint the ne essary personnel of the Co$$ission and Board %e retaries! su#5e t to pertinent laws! rules and regulations. C.AP"E, +++ Dini$u$ 4age Deter$ination %EC"+/9 '. ,egional Dini$u$ 4ages. O "he $ini$u$ wage rates for agri ultural and non0 Du$an C La#or + C Prof. Battad C Page (B

agri ultural wor3ers and e$ployees in every region shall #e those pres ri#ed #y the Boards whi h shall in no ase #e lower than the statutory $ini$u$ wage rates. "hese wage rates $ay in lude wages #y industry! provin e or lo ality as $ay #e dee$ed ne essary #y the Boards. %EC"+/9 6. %tandardsCCriteria for Dini$u$ 4age Ki2ing. O "he regional $ini$u$ wages to #e esta#lished #y the Boards shall #e as nearly ade?uate as is e ono$i ally feasi#le to $aintain the $ini$u$ standards of living ne essary for the health! effi ien y and general well0#eing of the wor3ers within the fra$ewor3 of the national e ono$i and so ial develop$ent progra$s. +n the deter$ination of regional $ini$u$ wages! the Boards! shall! a$ong other relevant fa tors! onsider the following8 a) "he de$and for living wages< #) 4age ad5ust$ent vis0a0vis the inde2< ) "he therein< ost of living and onsu$er pri e

/rder unless the person appealing su h order files with the Co$$ission an underta3ing with a surety or sureties in su h a$ount as $ay #e fi2ed #y the Co$$ission. %EC"+/9 *. 4age Distortions. O 4here the appli ation of any wage in rease resulting fro$ a 4age /rder issued #y any Board results in distortions in the wage stru ture within an esta#lish$ent! the e$ployer and the union shall negotiate to orre t the distortions using the grievan e pro edure under their olle tive #argaining agree$ent. +f it re$ains unresolved! it shall #e de ided through voluntary ar#itration ten alendar days fro$ the ti$e the dispute was referred for voluntary ar#itration! unless otherwise agreed #y the parties in writing. 4here there are no olle tive agree$ents or re ognized la#or unions! the e$ployer and wor3ers shall endeavor to orre t the wage distortion. Any dispute arising therefro$ shall #e settled through the 9ational Con iliation and Dediation Board and if it re$ains unresolved after ten alendar days of on iliation! it shall #e referred to the appropriate #ran h of the 9ational La#or ,elations Co$$ission (9L,C). "he 9L,C shall ondu t ontinuous hearings and de ide the dispute within twenty alendar days fro$ the ti$e said dispute is su#$itted for o$pulsory ar#itration. "he penden y of a dispute arising fro$ a wage distortion shall not in any way delay the appli a#ility of any wage in rease pres ri#ed pursuant to the provisions of law or 4age /rder. %EC"+/9 ). 9on0Di$inution of Benefits. O 9othing in the A t and in these ,ules shall #e onstrued to redu e any e2isting laws! de rees! issuan es! e2e utive orders! andCor under any ontra t or agree$ent #etween the wor3ers and e$ployers. %EC"+/9 (. Prohi#ition Against +n5un tion. O 9o preli$inary or per$anent in5un tion or te$porary restraining order $ay #e issued #y any ourt! tri#unal or other entity against any pro eedings #efore the Co$$ission or Boards. %EC"+/9 ';. Penal Provisions. O Any person! orporation trust! fir$! partnership! asso iation or entity whi h refuses or fails to pay any of the pres ri#ed in reases or ad5ust$ents in the wage rates $ade in a ordan e with the A t shall #e punished #y a fine not e2 eeding P6@!;;; andCor i$prison$ent of not less than one year nor $ore than two years8 Provided! that any person onvi ted under the A t shall not #e entitled to the #enefits provided for under the Pro#ation Law. +f the violation is o$$itted #y a orporation! trust or fir$! partnership! asso iation or any other entity! the penalty of i$prison$ent shall #e i$posed upon the entityUs responsi#le offi ers! in luding! #ut not li$ited to! the president! vi e0president! hief e2e utive offi er! general $anager! $anaging dire tor or partner. %EC"+/9 ''. ,egistrationC,eporting ,e?uire$ent. O Any person! o$pany! orporation! partnership or any other entity engaged in #usiness shall su#$it annually a verified ite$ized listing of their la#or o$ponent to the appropriate Board and the 9ational %tatisti s /ffi e not later than &anuary >' of ea h year! starting on &anuary >'! '((; in a ordan e with the for$ to #e pres ri#ed #y the Co$$ission. "he listing shall spe ify the na$es! salaries and wages of their wor3ers and e$ployees #elow the $anagerial Du$an C La#or + C Prof. Battad C Page (*

hanges or in reases

d) "he needs of wor3ers and their fa$ilies< e) "he need to indu e industries to invest in ountryside< f) +$prove$ents in standards of living< g) "he prevailing wage levels< h) Kair return of the apital invested and apa ity to pay of e$ployers< i) Effe ts on e$ploy$ent generation and fa$ily in o$e< and 5) "he e?uita#le distri#ution of in o$e and wealth along the i$peratives of e ono$i and so ial develop$ent. %EC"+/9 >. 4age /rder. O 4henever onditions in the region so warrant! the Board shall investigate and study all pertinent fa ts< and! #ased on standards and riteria pres ri#ed herein! shall deter$ine whether a 4age /rder should #e issued. +n the perfor$an e of its wage deter$ining fun tions! the Board shall ondu t pu#li hearings and onsultations giving noti es to e$ployeesU and e$ployersU groups! provin ial! ity and $uni ipal offi ials and other interested parties. %EC"+/9 A. Effe tivity of 4age /rder. O Any 4age /rder issued #y the Board shall ta3e effe t '@ days after its o$plete pu#li ation in at least one newspaper of general ir ulation in the region. %EC"+/9 @. Appeal to the Co$$ission. O Any party aggrieved #y the 4age /rder issued #y the Board $ay file an appeal with the Co$$ission within ten alendar days fro$ the pu#li ation of the /rder. "he Co$$ission shall de ide the appeal within si2ty alendar days fro$ the date of filing. %EC"+/9 B. Effe t of Appeal. O "he filing of the appeal shall not suspend the effe tivity of the 4age

level in luding learners! disa#ledChandi apped wor3ers.

apprenti es

and

,ULE :+++ Pay$ent of 4ages %EC"+/9 '. Danner of wage pay$ent. O As a general rule! wages shall #e paid in legal tender and the use of to3ens! pro$issory notes! vou hers! oupons! or any other for$ alleged to represent legal tender is a#solutely prohi#ited even when e2pressly re?uested #y the e$ployee. %EC"+/9 6. Pay$ent #y he 3. O Pay$ent of wages #y #an3 he 3s! postal he 3s or $oney orders is allowed where su h $anner of wage pay$ent is usto$ary on the date of the effe tivity of the Code! where it is so stipulated in a olle tive agree$ent! or where all of the following onditions are $et8 (a) "here is a #an3 or other fa ility for en ash$ent within a radius of one (') 3ilo$eter fro$ the wor3pla e< (#) "he e$ployer or any of his agents or representatives does not re eive any pe uniary #enefit dire tly or indire tly fro$ the arrange$ent< ( ) "he e$ployees are given reasona#le ti$e during #an3ing hours to withdraw their wages fro$ the #an3 whi h ti$e shall #e onsidered as o$pensa#le hours wor3ed if done during wor3ing hours< and (d) "he pay$ent #y he 3 is with the written onsent of the e$ployees on erned if there is no olle tive agree$ent authorizing the pay$ent of wages #y #an3 he 3s. %EC"+/9 >. "i$e of pay$ent. O (a) 4ages shall #e paid not less than on e every two (6) wee3s or twi e a $onth at intervals not e2 eeding si2teen ('B) days! unless pay$ent annot #e $ade with su h regularity due to for e $a5eure or ir u$stan es #eyond the e$ployerUs ontrol in whi h ase the e$ployer shall pay the wages i$$ediately after su h for e $a5eure or ir u$stan es have eased. (#) +n ase of pay$ent of wages #y results involving wor3 whi h annot #e finished in two (6) wee3s! pay$ent shall #e $ade at intervals not e2 eeding si2teen days in proportion to the a$ount of wor3 o$pleted. Kinal settle$ent shall #e $ade i$$ediately upon o$pletion of the wor3. %EC"+/9 A. Pla e of pay$ent. O As a general rule! the pla e of pay$ent shall #e at or near the pla e of underta3ing. Pay$ent in a pla e other than the wor3 pla e shall #e per$issi#le only under the following ir u$stan es8 (a) 4hen pay$ent annot #e effe ted at or near the pla e of wor3 #y reason of the deterioration of pea e and order onditions! or #y reason of a tual or i$pending e$ergen ies aused #y fire! flood! epide$i or other ala$ity rendering pay$ent thereat i$possi#le< (#) 4hen the e$ployer provides free transportation to the e$ployees #a 3 and forth< and ( ) Under any other analogous ir u$stan es< Provided! "hat the ti$e spent #y the e$ployees in olle ting their wages shall #e onsidered as o$pensa#le hours wor3ed<

C.AP"E, +: "ransitory Provisions %EC"+/9 '. A#olition of the 9ational 4ages Coun il and the 9ational Produ tivity Co$$ission. O "he 9ational 4ages Coun il reated under E2e utive /rder 9o. B'A and the 9ational Produ tivity Co$$ission reated under E2e utive /rder 9o. B'@ are a#olished. All properties! re ords! e?uip$ent! #uildings! fa ilities! and other assets! lia#ilities and appropriations of and #elonging to the a#ove$entioned offi es! as well as other $atters pending herein! shall #e transferred to the Co$$ission. All personnel of the a#ove a#olished offi es shall ontinue to fun tion in a hold0over apa ity and shall #e preferentially onsidered for appoint$ents to or pla e$ents in the Co$$issionCBoards. Any offi ial or e$ployee separated fro$ the servi e as a result of the a#olition of offi es pursuant to the A t shall #e entitled to appropriate separation pay of one $onth salary for every year of servi e andCor retire$ent and other #enefits a ruing to the$ under e2isting laws. +n lieu thereof! at the option of the e$ployee! he shall #e preferentially onsidered for e$ploy$ent in the govern$ent or in any of its su#divisions! instru$entalities! or agen ies! in luding govern$ent owned or ontrolled orporations and their su#sidiaries. %EC"+/9 6. +nteri$ Pro essing of Appli ations for E2e$ption and %u#$ission of ,eports. O Pending the operationalization of the Co$$ission and Boards! the 9ational 4ages Coun il shall! in the interi$! re eive and pro ess appli ations for e2e$ption su#5e t to guidelines to #e issued #y the %e retary! in a ordan e with %e tion '' of the A t. ,eports of esta#lish$ents on their la#or o$ponent! in luding wages and salaries of their wor3ers pres ri#ed under the A t! shall #e su#$itted to the 9ational 4ages Coun il through the ,egional /ffi es of the Depart$ent. %EC"+/9 >. Kunding ,e?uire$ent. O "he funds ne essary to arry out the provisions of the A t shall #e ta3en fro$ the Co$pensation and /rganization Ad5ust$ent Kund! the Contingent Kund! and other savings under ,epu#li A t 9o. BB))! otherwise 3nown as the 1eneral Appropriations A t of '()(! or fro$ any unappropriated funds of the 9ational "reasury< Provided! that the funding re?uire$ents ne essary to i$ple$ent the A t shall #e in luded in the annual 1eneral Appropriations A t for the su eeding years. %EC"+/9 A. ,epealing Clause. O All laws! orders! issuan es! rules and regulations or parts thereof in onsistent with the provisions of the A t and this ,ules are here#y repealed! a$ended or $odified a ordingly. +f any provision or part of the A t and this ,ules! or the appli ation thereof to any person or ir u$stan e is held invalid or un onstitutional! the re$ainder of the A t and these ,ules or the appli ation of su h provision or part thereof to other persons or ir u$stan e shall not #e affe ted there#y. %EC"+/9 @. Effe tivity. O "hese rules shall ta3e effe t on &uly '! '()(.

Du$an C La#or + C Prof. Battad C Page ()

(d) 9o e$ployer shall pay his e$ployees in any #ar! night or day lu#! drin3ing esta#lish$ent! $assage lini ! dan e hall! or other si$ilar pla es or in pla es where ga$es are played with sta3es of $oney or things representing $oney e2 ept in the ase of persons e$ployed in said pla es. %EC"+/9 @. Dire t pay$ent of wages. O Pay$ent of wages shall #e $ade dire t to the e$ployee entitled thereto e2 ept in the following ases8 (a) 4here the e$ployer is authorized in writing #y the e$ployee to pay his wages to a $e$#er of his fa$ily< (#) 4here pay$ent to another person of any part of the e$ployeeUs wages is authorized #y e2isting law! in luding pay$ents for the insuran e pre$iu$s of the e$ployee and union dues where the right to he 30off has #een re ognized #y the e$ployer in a ordan e with a olle tive agree$ent or authorized in writing #y the individual e$ployees on erned< or ( ) +n ase of death of the e$ployee as provided in the su eeding %e tion. %EC"+/9 B. 4ages of de eased e$ployee. O "he pay$ent of the wages of a de eased e$ployee shall #e $ade to his heirs without the ne essity of intestate pro eedings. 4hen the heirs are of age! they shall e2e ute an affidavit attesting to their relationship to the de eased and the fa t that they are his heirs to the e2 lusion of all other persons. +n ase any of the heirs is a $inor! su h affidavit shall #e e2e uted in his #ehalf #y his natural guardian or ne2t of 3in. Upon presentation of the affidavit to the e$ployer! he shall $a3e pay$ent to the heirs as representative of the %e retary of La#or and E$ploy$ent. %EC"+/9 *. Civil lia#ility of e$ployer and ontra tors. O Every e$ployer or indire t e$ployer shall #e 5ointly and severally lia#le with his ontra tor or su#0 ontra tor for the unpaid wages of the e$ployees of the latter. %u h e$ployer or indire t e$ployer $ay re?uire the ontra tor or su#0 ontra tor to furnish a #ond e?ual to the ost of la#or under ontra t on ondition that the #ond will answer for the wages due the e$ployees should the ontra tor or su# ontra tor! as the ase $ay #e! fail to pay the sa$e. %EC"+/9 ). &o# Contra ting. ontra ting per$issi#le under following onditions are $et8 O "here is 5o# the Code if the

(') Does not have su#stantial apital or invest$ent in the for$ of tools! e?uip$ent! $a hineries! wor3 pre$ises and other $aterials< and (6) "he wor3ers re ruited and pla ed #y su h person are perfor$ing a tivities whi h are dire tly related to the prin ipal #usiness or operations of the e$ployer in whi h wor3ers are ha#itually e$ployed. (#) La#or0only ontra ting as defined herein is here#y prohi#ited and the person a ting as ontra tor shall #e onsidered $erely as an agent or inter$ediary of the e$ployer who shall #e responsi#le to the wor3ers in the sa$e $anner and e2tent as if the latter were dire tly e$ployed #y hi$. ( ) Kor ases not falling under this ,ule! the %e retary of La#or and E$ploy$ent shall deter$ine through appropriate orders whether or not the ontra ting out of la#or is per$issi#le in the light of the ir u$stan es of ea h ase and after onsidering the operating needs of the e$ployer and the rights of the wor3ers involved. +n su h ase! he $ay pres ri#e onditions and restri tions to insure the prote tion and welfare of the wor3ers. %EC"+/9 ';. Pay$ent of wages in ase of #an3rupt y. O Unpaid wages earned #y the e$ployees #efore the de laration of #an3rupt y or 5udi ial li?uidation of the e$ployerUs #usiness shall #e given first preferen e and shall #e paid in full #efore other reditors $ay esta#lish any lai$ to a share in the assets of the e$ployer. %EC"+/9 ''. AttorneyUs fees. O AttorneyUs fees in any 5udi ial or ad$inistrative pro eedings for the re overy of wages shall not e2 eed '; per ent of the a$ount awarded. "he fees $ay #e dedu ted fro$ the total a$ount due the winning party. %EC"+/9 '6. 9on0interferen e in disposal of wages. O 9o e$ployer shall li$it or otherwise interfere with the freedo$ of any e$ployee to dispose of his wages and no e$ployer shall in any $anner o#lige any of his e$ployees to patronize any store or avail of the servi es offered #y any person. %EC"+/9 '>. 4ages dedu tion. O Dedu tions fro$ the wages of the e$ployees $ay #e $ade #y the e$ployer in any of the following ases8 (a) 4hen the dedu tions are authorized #y law! in luding dedu tions for the insuran e pre$iu$s advan ed #y the e$ployer in #ehalf of the e$ployee as well as union dues where the right to he 30off has #een re ognized #y the e$ployer or authorized in writing #y the individual e$ployee hi$self. (#) 4hen the dedu tions are with the written authorization of the e$ployees for pay$ent to the third person and the e$ployer agrees to do so< Provided! "hat the latter does not re eive any pe uniary #enefit! dire tly or indire tly! fro$ the transa tion. %EC"+/9 'A. Dedu tion for loss or da$age. O 4here the e$ployer is engaged in a trade! o upation or #usiness where the pra ti e of $a3ing dedu tions or re?uiring deposits is re ognized to answer for the rei$#urse$ent of loss or da$age to tools! $aterials! or e?uip$ent supplied #y the e$ployer to the e$ployee! the e$ployer $ay $a3e wage dedu tions or re?uire the e$ployees to $a3e deposits fro$ whi h dedu tions shall #e $ade! su#5e t to the following onditions8 Du$an C La#or + C Prof. Battad C Page ((

(a) "he ontra tor arries on an independent #usiness and underta3es the ontra t wor3 on his own a ount under his own responsi#ility a ording to his own $anner and $ethod! free fro$ the ontrol and dire tion of his e$ployer or prin ipal in all $atters onne ted with the perfor$an e of the wor3 e2 ept as to the results thereof< and (#) "he ontra tor has su#stantial apital or invest$ent in the for$ of tools! e?uip$ent! $a hineries! wor3 pre$ises! and other $aterials whi h are ne essary in the ondu t of his #usiness. %EC"+/9 (. La#or0only ontra ting. O (a) Any person who underta3es to supply wor3ers to an e$ployer shall #e dee$ed to #e engaged in la#or0only ontra ting where su h person8

(a) "hat the e$ployee on erned is learly shown to #e responsi#le for the loss or da$age< (#) "hat the e$ployee is given reasona#le opportunity to show ause why dedu tion should not #e $ade< ( ) "hat the a$ount of su h dedu tion is fair and reasona#le and shall not e2 eed the a tual loss or da$age< and (d) "hat the dedu tion fro$ the wages of the e$ployee does not e2 eed 6; per ent of the e$ployeeUs wages in a wee3.

servi e and persons wor3ing in their respe tive ho$es in needle wor3 or in any ottage industry duly registered in a ordan e with law.

Philippine Kisheries Develop$ent Authority v. 9L,C! 6'> %C,A B6' ('((6)

'. %e . >

Dini$u$ 4age! Art. ((< Consti.! Art. =+++! D+9+DUD 4A1E ,A"E%

A,". ((. ,egional minimum &ages. 0 "he $ini$u$ wage rates for agri ultural and non0agri ultural e$ployees and wor3ers in ea h and every region of the ountry shall #e those pres ri#ed #y the ,egional "ripartite 4ages and Produ tivity Boards. (As a$ended #y %e tion >! ,epu#li A t 9o. B*6*! &une (! '()(). Art =+++! %e tion >. "he %tate shall afford full prote tion to la#or! lo al and overseas! organized and unorganized! and pro$ote full e$ploy$ent and e?uality of e$ploy$ent opportunities for all. +t shall guarantee the rights of all wor3ers to self0 organization! olle tive #argaining and negotiations! and pea eful on erted a tivities! in luding the right to stri3e in a ordan e with law. "hey shall #e entitled to se urity of tenure! hu$ane onditions of wor3! and a living wage. "hey shall also parti ipate in poli y and de ision0$a3ing pro esses affe ting their rights and #enefits as $ay #e provided #y law. "he %tate shall pro$ote the prin iple of shared responsi#ility #etween wor3ers and e$ployers and the preferential use of voluntary $odes in settling disputes! in luding on iliation! and shall enfor e their $utual o$plian e therewith to foster industrial pea e. "he %tate shall regulate the relations #etween wor3ers and e$ployers! re ognizing the right of la#or to its 5ust share in the fruits of produ tion and the right of enterprises to reasona#le returns to invest$ents! and to e2pansion and growth. a. Coverage! Arts. (* (#) ( ) (e)! ()

#. ')

,ules Definition Chavez v. 9L,C! supra

6) 9o 4or3! 9o Pay (A fair dayGs wage for a fair dayGs la#or) A3lan Ele tri Corp.! +n . v. 9L,C! >6> %C,A 6@( (6;;;)

A,". (*. %efinitions. 0 As used in this "itle8 (#) $Emplo er$ in ludes any person a ting dire tly or indire tly in the interest of an e$ployer in relation to an e$ployee and shall in lude the govern$ent and all its #ran hes! su#divisions and instru$entalities! all govern$ent0owned or ontrolled orporations and institutions! as well as non0profit private institutions! or organizations. >) ( ) $Emplo ee$ in ludes any individual e$ployed #y an e$ployer. e) $Emplo $ in ludes to suffer or per$it to wor3. A,". (). Application of 4itle. 0 "his "itle shall not apply to far$ tenan y or leasehold! do$esti Du$an C La#or + C Prof. Battad C Page ';; E?ual Pay for 4or3 of E?ual :alue

+nternational % hool Allian e of Edu ators v. Luisu$#ing! supra

Ban3ard E$ployers Union v. 9L,C! A6> %C,A 'A) (6;;A)

6) Ka ilities %upple$entsCAllowan es A) Kor$8 Co$pensation of %ervi es Agree$ent for

and

Dillares v. 9L,C - P+C/P! >;@ %C,A @;; ('((()

Ar$s "a2i v. 9L,C! 6'( %C,A >;B ('((>)

>) . ') 4age Dini$u$ 4age Deter$ination of Co$plian e with Dini$u$

Cash 4ageCCo$$ission

%ong o v. 9L,C! ')> %C,A B'; ('((;)

+ran v. 9L,C! 6)( %C,A A>> ('(())

Du$an C La#or + C Prof. Battad C Page ';'

A) Differen e

1ratuity

and

%alaryC4ages!

Plasti "own Center orp. v. 9L,C! '*6 %C,A @); ('()()

Boie "a3eda v. De la %erna! 66) %C,A >6( ('((>)

@) Philippine Dupli ators v. 9L,C! 6A' %C,A >); ('((@)

Effe t on Benefits

Davao Kruits Corporation v. Asso iated La#or Union! 66@ %C,A @B6 ('((>)

Du$an C La#or + C Prof. Battad C Page ';6

amended, is hereby amended and Articles -.7, -.-, -.., -.4, -.0, -.3 and -.6 are hereby incorporated into 5residential 2ecree +o. 00., as amended, to read as follows; MArt. 88. egional =inimum Aages. - The minimum wage rates for agricultural and non-agricultural employees and wor)ers in each and every region of the country shall be those prescribed by the egional Tripartite Aages and 5roductivity &oards.M MArt. -.7. Creation of the +ational Aages and 5roductivity Commission. - There is hereby created a +ational Aages and 5roductivity Commission, hereinafter referred to as the Commission, which shall be attached to the 2epartment of "abor and #mployment ,2'"#1 for policy and program coordination.M MArt. -.-. 5owers and Cunctions of the Commission. - The Commission shall have the following powers and functions; ,a1 To act as the national consultative and advisory body to the 5resident of the 5hilippines and Congress on matters relating to wages, incomes and productivity< ,b1 To formulate policies and guidelines on wages, incomes and productivity improvement at the enterprise, industry and national levels< ,c1 To prescribe rules and guidelines for the determination of appropriate minimum wage and productivity measures at the regional, provincial or industry levels< ,d1 To review regional wage levels set by the egional Tripartite Aages and 5roductivity &oards to determine if these are in accordance with prescribed guidelines and national development plans< ,e1 To underta)e studies, researches and surveys necessary for the attainment of its functions and objectives, and to collect and compile data and periodically disseminate information on wages and productivity and other related information, including, but not limited to, employment, cost-of-living, labor costs, investments and returns< ,f1 To review plans and programs of the egional Tripartite Aages and 5roductivity &oards to determine whether these are consistent with national development plans< ,g1 To e*ercise technical and administrative supervision over the egional Tripartite Aages and 5roductivity &oards< ,h1 To call, from time to time, a national tripartite conference of representatives of government, wor)ers and employers for the consideration of measures to promote wage rationali(ation and productivity< and ,i1 To e*ercise such powers and functions as may be necessary to implement this Act.
Du$an C La#or + C Prof. Battad C Page ';>

6.

4age Ki2ing Da hinery

,eferen e8 4age ,ationalization A t (,A B*6*)< Art. '6;0'6*< /$ni#us ,ules! Boo3 +++! ,ule +=

Re1/57ic o' t0e #0i7i11ine& Con9re&& o' t0e #0i7i11ine& $etro $4ni74 Second egular Session &egun and held in =etro =anila, on =onday, the twentyfifth day of @uly, nineteen hundred and eighty-eight MRE#",(IC ACT N!. 6727N A+ ACT T' AT!'+A"!P# AA:# 5'"!CI 2#T# =!+AT!'+ &I #STA&"!S9!+: T9# =#C9A+!S= A+2 5 '5# STA+2A 2S T9# #C' , A=#+2!+: C' T9# 5B 5'S# A T!C"# 88 'C, A+2 !+C' 5' AT!+: A T!C"#S -.7, -.-, -.., -.4, -.0, -.3 A+2 -.6 !+T', 5 #S!2#+T!A" 2#C ## +'. 00., AS A=#+2#2, 'T9# A!S# O+'A+ AS T9# "A&' C'2# 'C T9# 59!"!55!+#S, C!$!+: +#A AA:# AT#S, 5 'D!2!+: AA:# !+C#+T!D#S C' !+2BST !A" 2!S5# SA" T' T9# C'B+T IS!2#, A+2 C' 'T9# 5B 5'S#S &e it enacted by the Senate and 9ouse of epresentatives of the 5hilippines in Congress assembled; Sec. -. This Act shall be )nown as the MAage ationali(ation Act.M Sec. .. !t is hereby declared the policy of the State to rationali(e the fi*ing of minimum wages and to promote productivity-improvement and gain-sharing measures to ensure a decent standard of living for the wor)ers and their families< to guarantee the rights of labor to its just share in the fruits of production< to enhance employment generation in the countryside through industry dispersal< and to allow business and industry reasonable returns on investment, e*pansion and growth. The State shall promote collective bargaining as the primary mode of setting wages and other terms and conditions of employment< and, whenever necessary, the minimum wage rates shall be adjusted in a fair and equitable manner, considering e*isting regional disparities in the cost of living and other socio-economic factors and the national economic and social development plans. Sec. 4. !n line with the declared policy under this Act, Article 88 of 5residential 2ecree +o. 00., as

MThe Commission shall be composed of the Secretary of "abor and #mployment as e*-officio chairman, the 2irector-:eneral of the +ational #conomic and 2evelopment Authority ,+#2A1 as e*officio vice-chairman, and two ,.1 members each from wor)ers and employers sectors who shall be appointed by the 5resident of the 5hilippines upon recommendation of the Secretary of "abor and #mployment to be made on the basis of the list of nominees submitted by the wor)ers and employers sectors, respectively, and who shall serve for a term of five ,/1 years. The #*ecutive 2irector of the Commission Secretariat shall also be a member of the Commission.M MThe Commission shall be assisted by a Secretariat to be headed by an #*ecutive 2irector and two ,.1 2eputy 2irectors, who shall be appointed by the 5resident of the 5hilippines, upon recommendation of the Secretary of "abor and #mployment.M MThe #*ecutive 2irector shall have the same ran), salary, benefits and other emoluments as that of a 2epartment Assistant Secretary, while the 2eputy 2irectors shall have the same ran), salary, benefits and other emoluments as that of a &ureau 2irector. The members of the Commission representing labor and management shall have the same ran), emoluments, allowances and other benefits as those prescribed by law for labor and management representatives in the #mployeesJ Compensation Commission.M MArt. -... Creation of egional Tripartite Aages and 5roductivity &oards. - There is hereby created egional Tripartite Aages and 5roductivity &oards, hereinafter referred to as egional &oards, in all regions, including autonomous regions as may be established by law. The Commission shall determine the officesHheadquarters of the respective egional &oards. MThe egional &oards shall have the following powers and functions in their respective territorial jurisdiction; ,a1 To develop plans, programs and projects relative to wages, incomes and productivity improvement for their respective regions< ,b1 To determine and fi* minimum wage rates applicable in their region, provinces or industries therein and to issue the corresponding wage orders, subject to guidelines issued by the Commission< ,c1 To underta)e studies, researches, and surveys necessary for the attainment of their functions, objectives and programs, and to collect and compile data on wages, incomes, productivity and other related information and periodically disseminate the same< ,d1 To coordinate with the other egional &oards as may be necessary to attain the policy and intention of this Code<

,e1 To receive, process and act on applications for e*emption from prescribed wage rates as may be provided by law or any Aage 'rder< and ,f1 To e*ercise such other powers and functions as may be necessary to carry out their mandate under this Code. M!mplementation of the plans, programs and projects of the egional &oards referred to in the second paragraph, letter ,a1 of this Article, shall be through the respective regional offices of the 2epartment of "abor and #mployment within their territorial jurisdiction< 5rovided, however, That the egional &oards shall have technical supervision over the regional office of the 2epartment of "abor and #mployment with respect to the implementation of said plans, programs and projects. M#ach egional &oard shall be composed of the egional 2irector of the 2epartment of "abor and #mployment as chairman, the egional 2irectors of the +ational #conomic and 2evelopment Authority and 2epartment of Trade and !ndustry as vicechairmen and two ,.1 members each from wor)ers and employers sectors who shall be appointed by the 5resident of the 5hilippines, upon recommendation of the Secretary of "abor and #mployment, to be made on the basis of the list of nominees submitted by the wor)ers and employers sectors, respectively, and who shall serve for a term of five ,/1 years. M#ach egional &oard to be headed by its chairman shall be assisted by a Secretariat.M MArt. -.4. Aage 'rder. - Ahenever conditions in the region so warrant, the egional &oard shall investigate and study all pertinent facts< and, based on the standards and criteria herein prescribed, shall proceed to determine whether a Aage 'rder should be issued. Any such Aage 'rder shall ta)e effect after fifteen ,-/1 days from its complete publication in at least one ,l1 newspaper of general circulation in the region. M!n the performance of its wage-determining functions, the egional &oard shall conduct public hearingsHconsultations, giving notices to employeesJ and employersJ groups, provincial, city and municipal officials and other interested parties. MAny party aggrieved by the Aage 'rder issued by the egional &oard may appeal such order to the Commission within ten ,l71 calendar days from the publication of such order. !t shall be mandatory for the Commission to decide such appeal within si*ty ,371 calendar days from the filing thereof. MThe filing of the appeal does not operate to stay the order unless the person appealing such order shall file with the Commission an underta)ing with a surety or sureties satisfactory to the Commission for the payment to the employees affected by the order of the corresponding increase, in the event such order is affirmed.M

Du$an C La#or + C Prof. Battad C Page ';A

MArt. -.0. StandardsHCriteria for =inimum Aage Ci*ing. The regional minimum wages to be established by the egional &oard shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency and general well-being of the employees within the framewor) of the national economic and social development program. !n the determination of such regional minimum wages, the egional &oard shall, among other relevant factors, consider the following; ,a1 The demand for living wages< ,b1 Aage adjustment vis-Q-vis the consumer price inde*< ,c1 The cost of living and changes or increases therein< ,d1 The needs of wor)ers and their families< ,e1 The need to induce industries to invest in the countryside< ,f1 !mprovements in standards of living< ,g1 The prevailing wage levels< ,h1 Cair return of the capital invested and capacity to pay of employers< ,i1 #ffects on employment generation and family income< and ,j1 The equitable distribution of income and wealth along the imperatives of economic and social development. MThe wages prescribed in accordance with the provisions of this Title shall be the standard prevailing minimum wages in every region. These wages shall include wages varying with industries, provinces or localities if in the judgment of the egional &oard conditions ma)e such local differentiation proper and necessary to effectuate the purpose of this Title. MAny person, company, corporation, partnership or any other entity engaged in business shall file and register annually with the appropriate egional &oard, Commission and the +ational Statistics 'ffice an itemi(ed listing of their labor component, specifying the names of their wor)ers and employees below the managerial level, including learners, apprentices and disabledHhandicapped wor)ers who were hired under the terms prescribed in the employment contracts, and their corresponding salaries and wages. MAhere the application of any prescribed wage increase by virtue of a law or Aage 'rder issued by any egional &oard results in distortions of the wage structure within an establishment, the employer and the union shall negotiate to correct the distortions. Any dispute arising from wage distortions shall be resolved through the grievance procedure under their collective bargaining agreement and, if it remains unresolved, through voluntary arbitration. Bnless otherwise agreed by the parties in writing, such dispute shall be decided by the voluntary arbitrator or panel of voluntary arbitrators within ten ,-71 calendar

days from the time said dispute was referred to voluntary arbitration. M!n cases where there are no collective agreements or recogni(ed labor unions, the employers and wor)ers shall endeavor to correct such distortions. Any dispute arising therefrom shall be settled through the +ational Conciliation and =ediation &oard and, if it remains unresolved after ten ,-71 calendar days of conciliation, shall be referred to the appropriate branch of the +ational "abor elations Commission ,+" C1. !t shall be mandatory for the +" C to conduct continuous hearings and decide the dispute within twenty ,.71 calendar days from the time said dispute is submitted for compulsory arbitration. MThe pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of any increase in prescribed wage rates pursuant to the provisions of law or Aage 'rder. MAs used, herein, a wage distortion shall mean a 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 s)ills, length of service, or other logical bases of differentiation. MAll wor)ers paid by result, including those who are paid on piecewor), ta)ay, pa)yaw or tas) basis, shall receive not less than the prescribed wage rates per eight ,>1 hours wor) a day, or a proportion thereof for wor)ing less than eight ,>1 hours. MAll recogni(ed learnership and apprenticeship agreements shall be considered automatically modified insofar as their wage clauses are concerned to reflect the prescribed wage rates.M MArt. -.3. 5rohibition Against !njunction. - +o preliminary or permanent injunction or temporary restraining order may be issued by any court, tribunal or other entity against any proceedings before the Commission or the egional &oards.M MArt. -.6. +on-2iminution of &enefits. - +o Aage 'rder issued by any egional &oard shall provide for wage rates lower than the statutory minimum wage rates prescribed by Congress.M Sec. 0. ,a1 Bpon the effectivity of this Act, the statutory minimum wage rates of all wor)ers and employees in the private sector, whether agricultural or non-agricultural, shall be increased by twenty-five pesos ,5./.771 per day, e*cept that wor)ers and employees in plantation agricultural enterprises outside of the +ational Capital egion ,+C 1 with an annual gross sales of less than five million pesos ,5/,777,777.771 in the preceding year shall be paid an increase of twenty pesos ,5.7.771, and e*cept further that wor)ers and employees of cottageHhandicraft industries, non-plantation agricultural enterprises, retailHservice establishments regularly employing not more than ten ,-71 wor)ers, and business enterprises with a capitali(ation of not more than five hundred thousand pesos
Du$an C La#or + C Prof. Battad C Page ';@

,5/77,777.771 and employing not more than twenty ,.71 employees, which are located or operating outside the +C , shall be paid only an increase of fifteen pesos ,5-/.771; 5rovided, That those already receiving above the minimum wage rates up to one hundred pesos ,5-77.771 shall also receive an increase of twenty-five pesos ,5./.771 per day, and e*cept that the wor)ers and employees mentioned in the first e*ception clause of this section shall also be paid only an increase of twenty-pesos ,5.7.771, and e*cept further that those employees enumerated in the second e*ception clause of this Section shall also be paid only an increase of fifteen pesos ,5-/.771; 5rovide, further, That the appropriate egional &oard is hereby authori(ed to grant additional increases to the wor)ers and employees mentioned in the e*ception clauses of this Section if, on the basis of its determination pursuant to Article -.0 of the "abor Code such increases are necessary. ,b1 The increase of twenty-five pesos ,5./.771 prescribed under this Section shall apply to all wor)ers and employees entitled to the same in private educational institutions as soon as they have increased or are granted authority to increase their tuition fees during school year -8>8--887. 'therwise, such increase shall be so applicable not later than the opening of the ne*t school year beginning -887. ,c1 #*empted from the provisions of this Act are household or domestic helpers and persons employed in the personal service of another, including family drivers. etailHservice establishments regularly employing not more than ten ,-71 wor)ers may be e*empted from the applicability of this Act upon application with and as determined by the appropriate egional &oard in accordance with the applicable rules and regulations issued by the Commission. Ahenever an application for e*emption has been duly filed with the appropriate egional &oard, action on any complaint for alleged non-compliance with this Act shall be deferred pending resolution of the application for e*emption by the appropriate egional &oard. !n the event that applications for e*emptions are not granted, employees shall receive the appropriate compensation due them as provided for by this Act plus interest of one percent ,-K1 per month retroactive to the effectivity of this Act. ,d1 !f e*pressly provided for and agreed upon in the collective bargaining agreements, all increases in the daily basic wage rates granted by the employers three ,41 months before the effectivity of this Act shall be credited as compliance with the increases in the wage rates prescribed herein, provided that, where such increases are less than the prescribed increases in the wage rates under this Act, the employer shall pay the difference. Such increases shall not include anniversary wage increases, merit wage increases and those resulting from the regulari(ation or promotion of employees. Ahere the application of the increases in the wage rate under this Section results in distortions as defined under e*isting laws in the wage structure within an establishment and gives rise to a dispute therein, such dispute shall first be settled voluntarily

between the parties and in the event of a deadloc), the same shall be finally resolved through compulsory arbitration by the regional arbitration branch of the +ational "abor elations Commission ,+" C1 having jurisdiction over the wor)place. !t shall be mandatory for the +" C to conduct continuous hearings and decide any dispute arising under this Section within twenty,.71 calendar days from the time said dispute is formally submitted to it for arbitration. The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of the increases in the wage rates prescribed under this Section. Sec. /. Aithin a period of four ,01 years from the effectivity of this Act and without prejudice to collective bargaining negotiations or agreements or other employment contracts between employers and wor)ers, new business enterprises that may be established outside the +C and e*port processing (ones whose operation or investments need initial assistance as may be determined by the 2epartment of "abor and #mployment in consultation with the 2epartment of Trade and !ndustry or the 2epartment of Agriculture, as the case may be shall be e*empt from the application of this Act for not more than three ,41 years from the start of their operations; 5rovided, That such new business enterprises established in egion !!! ,Central "u(on1 and egion !D ,Southern Tagalog1 shall be e*empt from such increases only for two ,.1 years from the start of their operations, e*cept those established in the 5rovinces of 5alawan, 'riental =indoro, 'ccidental =indoro, =arinduque, omblon, Lue(on and Aurora, which shall enjoy such e*emption for not more than three ,41 years from the start of their operations. Sec. 3. !n the case of contracts for construction projects and for security, janitorial and similar services, the prescribed increases in the wage rates of the wor)ers shall be borne by the principals or clients of the constructionHservice contractors and the contract shall be deemed amended accordingly. !n the event, however, that the principal or client fails to pay the prescribed wage rates, the constructionHservice contractor shall be jointly and severally liable with his principal or client. Sec. 6. Bpon written petition of the majority of the employees or wor)ers concerned, all private establishments, companies, businesses, and other entities with twenty five ,./1 or more employees and located within one ,-1 )ilometer radius to a commercial, savings or rural ban) shall pay the wages and other benefits of their employees through any of said ban)s and within the period for payment of wages fi*ed by 5residential 2ecree +o. 00., as amended, otherwise )nown as the "abor Code of the 5hilippines. Sec. >. Ahenever applicable and upon request of a concerned wor)er or union, the ban) shall issue a certification of the record of payment of wages of a particular wor)er or wor)ers for a particular payroll period. Sec. 8. The 2epartment of "abor and #mployment shall conduct inspections as often as possible within its manpower constraint of the payroll and other
Du$an C La#or + C Prof. Battad C Page ';B

financial records )ept by the company or business to determine whether the wor)ers are paid the prescribed wage rates and other benefits granted by law or any Aage 'rder. !n unioni(ed companies, the 2epartment of "abor and #mployment inspectors shall always be accompanied by the president or any responsible officer of the recogni(ed bargaining unit of any interested union in the conduct of the inspection. !n non-unioni(ed companies, establishments or businesses, the inspection shall be carried out in the presence of a wor)er representing the wor)ers in the said company. The wor)ersJ representative shall have the right to submit his own findings to the 2epartment of "abor and #mployment and to testify on the same if he cannot concur with the findings of the labor inspector. Sec. -7. The funds necessary to carry out the provisions of this Act shall be ta)en from the Compensation and 'rgani(ational Adjustment Cund, the Contingent Cund, and other savings under epublic Act +o. 33>>, otherwise )nown as the :eneral Appropriations Act of -8>8, or from any unappropriated funds of the +ational Treasury; 5rovided, That the funding requirements necessary to implement this Act shall be included in the annual :eneral Appropriations Act for the succeeding years. Sec. --. The +ational Aages Council created under #*ecutive 'rder +o. 3-0 and the +ational 5roductivity Commission created under #*ecutive 'rder +o. 3-/ are hereby abolished. All properties, records, equipment, buildings, facilities, and other assets, liabilities and appropriations of and belonging to the abovementioned offices, as well as other matters pending therein, shall be transferred to the Commission. All personnel of the above abolished offices shall continue to function in a holdover capacity and shall be preferentially considered for appointments to or placement in the Commission. Any official or employee separated from the service as a result of the abolition of offices pursuant to this Act shall be entitled to appropriate separation pay and retirement and other benefits accruing to them under e*isting laws. !n lieu thereof, at the option of the employee, he shall be preferentially considered for employment in the government or in any of its subdivisions, instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries. Sec. -.. Any person, corporation, trust, firm, partnership, association or entity which refuses or fails to pay any of the prescribed increases or adjustments in the wage rates made in accordance with this Act shall be punished by a fine not e*ceeding twenty-five thousand pesos ,5./,777.771 andHor imprisonment of not less than one ,-1 year nor more than two ,.1 years; 5rovided, That any person convicted under this Act shall not be entitled to the benefits provided for under the 5robation "aw. !f the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed upon the entityJs responsible officers, including, but not limited to, the president, vice president, chief e*ecutive officer, general manager, managing director or partner.

Sec. -4. The Secretary of "abor and #mployment shall promulgate the necessary rules and regulations to implement the provisions of this Act. Sec. -0. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. !n any provision or part of this Act, or the application thereof to any person or circumstance, is held invalid or unconstitutional, the remainder of this Act or the application of such provision or part thereof to other persons or circumstances shall not be affected thereby. +othing in this Act shall be construed to reduce any e*isting wage rates, allowances and benefits of any form under e*isting laws, decrees, issuances, e*ecutive orders, andHor under any contract or agreement between the wor)ers and employers. Sec. -/. This Act shall ta)e effect fifteen ,-/1 days after its complete publication in the 'fficial :a(ette or in at least two ,.1 national newspapers of general circulation, whichever comes earlier.

WAGE STUDIES, WAGE AGREEMENTS AND WAGE DETERMINATION


A,". '6;. Creation of (ational -ages and Producti#it Commission. 0 "here is here#y reated a 9ational 4ages and Produ tivity Co$$ission! hereinafter referred to as the Co$$ission! whi h shall #e atta hed to the Depart$ent of La#or and E$ploy$ent (D/LE) for poli y and progra$ oordination. (As a$ended #y ,epu#li A t 9o. B*6*! &une (! '()(). A,". '6'. Po&ers and functions of the Commission. 0 "he Co$$ission shall have the following powers and fun tions8 (a) "o a t as the national onsultative and advisory #ody to the President of the Philippines and Congress on $atters relating to wages! in o$es and produ tivity< (#) "o for$ulate poli ies and guidelines on wages! in o$es and produ tivity i$prove$ent at the enterprise! industry and national levels< ( ) "o pres ri#e rules and guidelines for the deter$ination of appropriate $ini$u$ wage and produ tivity $easures at the regional! provin ial! or industry levels< (d) "o review regional wage levels set #y the ,egional "ripartite 4ages and Produ tivity Boards to deter$ine if these are in a ordan e with pres ri#ed guidelines and national develop$ent plans< (e) "o underta3e studies! resear hes and surveys ne essary for the attain$ent of its fun tions and o#5e tives! and to olle t and o$pile data and periodi ally disse$inate infor$ation on wages and produ tivity and other related infor$ation! in luding! #ut not li$ited to! e$ploy$ent! ost0of0living! la#or osts! invest$ents and returns< (f) "o review plans and progra$s of the ,egional "ripartite 4ages and Produ tivity Boards to Du$an C La#or + C Prof. Battad C Page ';*

deter$ine whether these are onsistent with national develop$ent plans< (g) "o e2er ise te hni al and ad$inistrative supervision over the ,egional "ripartite 4ages and Produ tivity Boards< han ro#les virtual law li#rary (h) "o all! fro$ ti$e to ti$e! a national tripartite onferen e of representatives of govern$ent! wor3ers and e$ployers for the onsideration of $easures to pro$ote wage rationalization and produ tivity< and (i) "o e2er ise su h powers and fun tions as $ay #e ne essary to i$ple$ent this A t. "he Co$$ission shall #e o$posed of the %e retary of La#or and E$ploy$ent as ex!officio hair$an! the Dire tor01eneral of the 9ational E ono$i and Develop$ent Authority (9EDA) as ex!officio vi e0 hair$an! and two (6) $e$#ers ea h fro$ wor3ersG and e$ployersG se tors who shall #e appointed #y the President of the Philippines upon re o$$endation of the %e retary of La#or and E$ploy$ent to #e $ade on the #asis of the list of no$inees su#$itted #y the wor3ersG and e$ployersG se tors! respe tively! and who shall serve for a ter$ of five (@) years. "he E2e utive Dire tor of the Co$$ission shall also #e a $e$#er of the Co$$ission. "he Co$$ission shall #e assisted #y a %e retariat to #e headed #y an E2e utive Dire tor and two (6) Deputy Dire tors! who shall #e appointed #y the President of the Philippines! upon the re o$$endation of the %e retary of La#or and E$ploy$ent. "he E2e utive Dire tor shall have the sa$e ran3! salary! #enefits and other e$olu$ents as that of a Depart$ent Assistant %e retary! while the Deputy Dire tors shall have the sa$e ran3! salary! #enefits and other e$olu$ents as that of a Bureau Dire tor. "he $e$#ers of the Co$$ission representing la#or and $anage$ent shall have the sa$e ran3! e$olu$ents! allowan es and other #enefits as those pres ri#ed #y law for la#or and $anage$ent representatives in the E$ployeesG Co$pensation Co$$ission. (As a$ended #y ,epu#li A t 9o. B*6*! &une (! '()(). A,". '66. Creation of ,egional 4ripartite -ages and Producti#it Boards. 0 "here is here#y reated ,egional "ripartite 4ages and Produ tivity Boards! hereinafter referred to as ,egional Boards! in all regions! in luding autono$ous regions as $ay #e esta#lished #y law. "he Co$$ission shall deter$ine the offi esChead?uarters of the respe tive ,egional Boards. "he ,egional Boards shall have the following powers and fun tions in their respe tive territorial 5urisdi tions8 (a) "o develop plans! progra$s and pro5e ts relative to wages! in o$es and produ tivity i$prove$ent for their respe tive regions< (#) "o deter$ine and fi2 $ini$u$ wage rates appli a#le in their regions! provin es or industries therein and to issue the orresponding wage orders! su#5e t to guidelines issued #y the Co$$ission<

( ) "o underta3e studies! resear hes! and surveys ne essary for the attain$ent of their fun tions! o#5e tives and progra$s! and to olle t and o$pile data on wages! in o$es! produ tivity and other related infor$ation and periodi ally disse$inate the sa$e< (d) "o oordinate with the other ,egional Boards as $ay #e ne essary to attain the poli y and intention of this Code< (e) "o re eive! pro ess and a t on appli ations for e2e$ption fro$ pres ri#ed wage rates as $ay #e provided #y law or any 4age /rder< and (f) "o e2er ise su h other powers and fun tions as $ay #e ne essary to arry out their $andate under this Code. +$ple$entation of the plans! progra$s! and pro5e ts of the ,egional Boards referred to in the se ond paragraph! letter (a) of this Arti le! shall #e through the respe tive regional offi es of the Depart$ent of La#or and E$ploy$ent within their territorial 5urisdi tion< Pro#ided, ho&e#er! "hat the ,egional Boards shall have te hni al supervision over the regional offi e of the Depart$ent of La#or and E$ploy$ent with respe t to the i$ple$entation of said plans! progra$s and pro5e ts. Ea h ,egional Board shall #e o$posed of the ,egional Dire tor of the Depart$ent of La#or and E$ploy$ent as hair$an! the ,egional Dire tors of the 9ational E ono$i and Develop$ent Authority and the Depart$ent of "rade and +ndustry as vi e0 hair$en and two (6) $e$#ers ea h fro$ wor3ersG and e$ployersG se tors who shall #e appointed #y the President of the Philippines! upon the re o$$endation of the %e retary of La#or and E$ploy$ent! to #e $ade on the #asis of the list of no$inees su#$itted #y the wor3ersG and e$ployersG se tors! respe tively! and who shall serve for a ter$ of five (@) years. Ea h ,egional Board to #e headed #y its hair$an shall #e assisted #y a %e retariat. (As a$ended #y ,epu#li A t 9o. B*6*! &une (! '()(). A,". '6>. -age *rder. 0 4henever onditions in the region so warrant! the ,egional Board shall investigate and study all pertinent fa ts< and #ased on the standards and riteria herein pres ri#ed! shall pro eed to deter$ine whether a 4age /rder should #e issued. Any su h 4age /rder shall ta3e effe t after fifteen ('@) days fro$ its o$plete pu#li ation in at least one (') newspaper of general ir ulation in the region. +n the perfor$an e of its wage0deter$ining fun tions! the ,egional Board shall ondu t pu#li hearingsC onsultations! giving noti es to e$ployeesG and e$ployersG groups! provin ial! ity and $uni ipal offi ials and other interested parties. Any party aggrieved #y the 4age /rder issued #y the ,egional Board $ay appeal su h order to the Co$$ission within ten (';) alendar days fro$ the pu#li ation of su h order. +t shall #e $andatory for the Co$$ission to de ide su h appeal within si2ty (B;) alendar days fro$ the filing thereof. "he filing of the appeal does not stay the order unless the person appealing su h order shall file with the Co$$ission! an underta3ing with a surety or sureties satisfa tory to the Co$$ission for the Du$an C La#or + C Prof. Battad C Page ';)

pay$ent to the e$ployees affe ted #y the order of the orresponding in rease! in the event su h order is affir$ed. (As a$ended #y ,epu#li A t 9o. B*6*! &une (! '()(). A,". '6A. Standards5Criteria for minimum &age fixing. 0 "he regional $ini$u$ wages to #e esta#lished #y the ,egional Board shall #e as nearly ade?uate as is e ono$i ally feasi#le to $aintain the $ini$u$ standards of living ne essary for the health! effi ien y and general well0#eing of the e$ployees within the fra$ewor3 of the national e ono$i and so ial develop$ent progra$. +n the deter$ination of su h regional $ini$u$ wages! the ,egional Board shall! a$ong other relevant fa tors! onsider the following8

the union shall negotiate to orre t the distortions. Any dispute arising fro$ wage distortions shall #e resolved through the grievan e pro edure under their olle tive #argaining agree$ent and! if it re$ains unresolved! through voluntary ar#itration. Unless otherwise agreed #y the parties in writing! su h dispute shall #e de ided #y the voluntary ar#itrators within ten (';) alendar days fro$ the ti$e said dispute was referred to voluntary ar#itration. +n ases where there are no olle tive agree$ents or re ognized la#or unions! the e$ployers and wor3ers shall endeavor to orre t su h distortions. Any dispute arising therefro$ shall #e settled through the 9ational Con iliation and Dediation Board and! if it re$ains unresolved after ten (';) alendar days of on iliation! shall #e referred to the appropriate #ran h of the 9ational La#or ,elations Co$$ission (9L,C). +t shall #e $andatory for the 9L,C to ondu t ontinuous hearings and de ide the dispute within twenty (6;) alendar days fro$ the ti$e said dispute is su#$itted for o$pulsory ar#itration. "he penden y of a dispute arising fro$ a wage distortion shall not in any way delay the appli a#ility of any in rease in pres ri#ed wage rates pursuant to the provisions of law or wage order. As used herein! a wage distortion shall $ean a situation where an in rease in pres ri#ed wage rates results in the eli$ination or severe ontra tion of intentional ?uantitative differen es in wage or salary rates #etween and a$ong e$ployee groups in an esta#lish$ent as to effe tively o#literate the distin tions e$#odied in su h wage stru ture #ased on s3ills! length of servi e! or other logi al #ases of differentiation. All wor3ers paid #y result! in luding those who are paid on pie ewor3! ta'a ! pa' a& or tas3 #asis! shall re eive not less than the pres ri#ed wage rates per eight ()) hours of wor3 a day! or a proportion thereof for wor3ing less than eight ()) hours. All re ognized learnership and apprenti eship agree$ents shall #e onsidered auto$ati ally $odified insofar as their wage lauses are on erned to refle t the pres ri#ed wage rates. (As a$ended #y ,epu#li A t 9o. B*6*! &une (! '()(). A,". '6@. Freedom to "argain. 0 9o wage order shall #e onstrued to prevent wor3ers in parti ular fir$s or enterprises or industries fro$ #argaining for higher wages with their respe tive e$ployers. (As a$ended #y ,epu#li A t 9o. B*6*! &une (! '()(). A,". '6B. Prohi"ition against in7unction. M 9o preli$inary or per$anent in5un tion or te$porary restraining order $ay #e issued #y any ourt! tri#unal or other entity against any pro eedings #efore the Co$$ission or the ,egional Boards. (As a$ended #y ,epu#li A t 9o. B*6*! &une (! '()(). A,". '6*. (on!diminution of "enefits. 0 9o wage order issued #y any regional #oard shall provide for wage rates lower than the statutory $ini$u$ wage rates pres ri#ed #y Congress. (As a$ended #y ,epu#li A t 9o. B*6*! &une (! '()(). ,ULE += 4age %tudies and Deter$ination %EC"+/9 '. Definition of ter$s. O (a) W+ndustryW shall $ean any identifia#le group of produ tive units or Du$an C La#or + C Prof. Battad C Page ';(

(a) "he de$and for living wages< (#) 4age ad5ust$ent #is!6!#is the onsu$er pri e inde2< ( ) "he ost of living and hanges or in reases therein< (d) "he needs of wor3ers and their fa$ilies< (e) "he need to indu e industries to invest in the ountryside< (f) +$prove$ents in standards of living< (g) "he prevailing wage levels< (h) Kair return of the apital invested and apa ity to pay of e$ployers< (i) Effe ts on e$ploy$ent generation and fa$ily in o$e< and (5) "he e?uita#le distri#ution of in o$e and wealth along the i$peratives of e ono$i and so ial develop$ent.

"he wages pres ri#ed in a ordan e with the provisions of this "itle shall #e the standard prevailing $ini$u$ wages in every region. "hese wages shall in lude wages varying with industries! provin es or lo alities if in the 5udg$ent of the ,egional Board! onditions $a3e su h lo al differentiation proper and ne essary to effe tuate the purpose of this "itle. Any person! o$pany! orporation! partnership or any other entity engaged in #usiness shall file and register annually with the appropriate ,egional Board! Co$$ission and the 9ational %tatisti s /ffi e! an ite$ized listing of their la#or o$ponent! spe ifying the na$es of their wor3ers and e$ployees #elow the $anagerial level! in luding learners! apprenti es and disa#ledChandi apped wor3ers who were hired under the ter$s pres ri#ed in the e$ploy$ent ontra ts! and their orresponding salaries and wages. 4here the appli ation of any pres ri#ed wage in rease #y virtue of a law or wage order issued #y any ,egional Board results in distortions of the wage stru ture within an esta#lish$ent! the e$ployer and

enterprises! whether operated for profit or not! engaged in si$ilar or allied e ono$i a tivities in whi h individuals are gainfully e$ployed. (#) A W#ran hW of an industry is a wor3! produ t or servi e grouping thereof whi h an #e onsidered a distin t division for wage0fi2ing purposes. ( ) W%u#stantial nu$#erW shall $ean su h an appre ia#le nu$#er of e$ployees in an industry as! in the Co$$issionUs opinion! onsidering all relevant fa ts! $ay re?uire a tion under Art. '6' of the Code to effe tuate the purposes of wage deter$ination! regardless of the proportion of su h e$ployees to the total nu$#er of e$ployees in the industry. %EC"+/9 6. 4age studies. O "he 9ational 4ages Coun il shall ondu t a ontinuing study of wage rates and other e ono$i onditions in all industries! agri ultural and non0agri ultural. "he results of su h study shall #e periodi ally disse$inated to the govern$ent! la#or and $anage$ent se tors for their infor$ation and guidan e. %EC"+/9 >. 4ages re o$$endation. O +f after su h study! the Co$$ission is of the opinion that a su#stantial nu$#er of e$ployees in any given industry or #ran h thereof are re eiving wages! whi h although o$plying with the $ini$u$ provided #y law! are less than suffi ient to $aintain the$ in health! effi ien y and general well0#eing! ta3ing into a ount! a$ong others! the pe uliar ir u$stan es of the industry and its geographi al lo ation! the Co$$ission shall! with the approval of the %e retary of La#or and E$ploy$ent! pro eed to deter$ine whether a wage re o$$endation should #e issued. %EC"+/9 A. Criteria for wage fi2ing. O (a) +n addition to the riteria esta#lished #y Art. '6> of the Code for $ini$u$ wage fi2ing! the Co$$ission shall onsider! a$ong other fa tors! so ial servi es and #enefits given free to wor3ers and the possi#le effe t of a given in rease in the $ini$u$ wage on pri es! $oney supply! e$ploy$ent! la#or $o#ility and produ tivity! la#or organization effi a y! do$esti and foreign trade! and other relevant indi ators of so ial and e ono$i develop$ent. (#) 4here a fair return to apital invested annot #e reasona#ly deter$ined! or where the industry on erned is not operated for profit! its apa ity to pay! ta3ing into a ount all resour es availa#le to it! shall #e onsidered. %EC"+/9 @. Luoru$. O "hree (>) $e$#ers of the Co$$ission! in luding its Chair$an! shall onstitute a ?uoru$ to transa t the Co$$issionUs #usiness. %EC"+/9 B. Co$$ission a tions! nu$#er of votes re?uired. O "he votes of at least three (>) $e$#ers of the Co$$ission shall #e ne essary to effe t any de ision or re o$$endation it is authorized to issue under the Code and this rule8 Provided! "hat in the internal regulation and dire tion of the fun tions of the Co$$issionUs staff in luding the ondu t of ad$inistrative pro esses and the $aintenan e of proper liaison and oordination with other organizations! the Chair$an shall not need the onsent of the Co$$ission or any $e$#er thereof. %EC"+/9 *. /utside assistan e. O "he Co$$ission $ay all upon the assistan e and ooperation of any govern$ent agen y or offi ial! and $ay invite any private person or organization to furnish infor$ation

in onne tion with industry studies and wage fi2ing hearings or in aid of the Co$$issionUs deli#erations. %EC"+/9 ). % hedule of hearings and noti es. O "he Co$$ission shall prepare a s hedule of hearings for the re eption of eviden e ne essary for wage fi2ing in an industry! in luding a list of witnesses that it will invite and the date! ti$e and pla e of the hearings. A noti e thereof to all se tors of the industry shall #e given in the $ost e2peditious $anner. +t $ay have prior onsultations with la#or and $anage$ent leaders in the industry for the a#ove purpose. %EC"+/9 (. Unsoli ited testi$ony. O Persons who offer to testify #efore the Co$$ission shall #e heard only after the Co$$ission is satisfied! upon #rief preli$inary e2a$ination! that they are in possession of fa ts relevant to the su#5e t of in?uiry. "he Chair$an! or in other ases! the person ondu ting the hearing! shall revise the s hedule of hearings whenever ne essary to a hieve logi al se?uen e of testi$ony. %EC"+/9 ';. Co$pulsory pro esses. O ,e ourse to o$pulsory pro esses under the ,evised Ad$inistrative Code to ensure the attendan e of witnesses andCor the produ tion of relevant do u$entary eviden e shall #e used only on o asions of e2tre$e i$portan e and after other $eans shall have failed! su#5e t to the approval of the %e retary of La#or and E$ploy$ent. %EC"+/9 ''. .earings< where! #y who$ ondu ted. O Co$$ission hearings $ay #e ondu ted #y the Co$$ission en #an ! or! when authorized #y the Co$$ission! #y any $e$#er or hearing offi er designated #y the Chair$an. "he hearings $ay #e held wherever the industry or #ran hes thereof are situated< otherwise they shall #e held in the 1reater Danila Area. "he hearings shall #e open to the pu#li . %EC"+/9 '6. .earings #efore single $e$#er or hearing offi er. O .earings ondu ted #y a duly authorized $e$#er or hearing offi er shall #e onsidered as hearings #efore the Co$$ission. "he re ords of su h hearings shall #e su#$itted to the Co$$ission as soon as they are o$pleted! indi ating the ti$e and pla e of the hearings and the appearan es thereat! together with a #rief state$ent of the findings and re o$$endations of the $e$#er or hearing offi er on erned. %EC"+/9 '>. "esti$ony under oath. O "he testi$ony of all witnesses shall #e $ade under oath or affir$ation and shall #e ta3en down and trans ri#ed #y a duly appointed stenographi reporter. %EC"+/9 'A. 9on0appli a#ility of te hni al rules. O "he te hni al rules of eviden e applied #y the ourts in pro eedings at law or e?uity shall not stri tly apply in any pro eedings ondu ted #efore the Co$$ission. %EC"+/9 '@. %tipulation of fa t. O %tipulations of fa t $ay #e ad$itted with respe t to any $atter at issue in the pro eedings. %EC"+/9 'B. Do u$entary eviden e. O 4ritten eviden e su#$itted to the Co$$ission or any $e$#er or hearing offi er shall #e properly $ar3ed to fa ilitate identifi ation. %EC"+/9 '*. %u#$ission of industry0report. O 4ithin si2ty (B;) wor3ing days fro$ the date of the first Du$an C La#or + C Prof. Battad C Page '';

hearing! the Co$$ission shall su#$it to the %e retary of La#or and E$ploy$ent an W+ndustry ,eportW whi h shall relate in #rief the operations that led thereto! the #asi findings of e ono$i fa ts a#out the industry and the re o$$endations $ade on the #asis thereof. %EC"+/9 '). A tion #y the %e retary of La#or and E$ploy$ent. O 4ithin thirty (>;) wor3ing days after the su#$ission of the W+ndustry ,eport!W the %e retary of La#or and E$ploy$ent shall either re5e t or approve the re o$$endation of the Co$$ission in a ordan e with Art. '66 of the Code. +f he approves the re o$$endation! he shall issue a 4age /rder adopting the sa$e! su#5e t to the approval of the President of the Philippines! pres ri#ing the $ini$u$ wage or wages for the industry on erned. %EC"+/9 '(. 4age /rder. O "he 4age /rder shall spe ify the industry or #ran h to whi h the $ini$u$ wages pres ri#ed therein shall apply< Provided! "hat no definite rates shall #e pres ri#ed for spe ifi 5o# titles in the industry. %EC"+/9 6;. :arying $ini$u$ wages. O "o 5ustify different $ini$u$ wages for different lo alities! the e ono$i and other onditions found in a parti ular lo ality $ust not only #e $ore or less unifor$ therein #ut also different fro$ those prevailing in other lo alities. %EC"+/9 6'. Pu#li ation of 4age /rder. O /nly su h portions of a 4age /rder shall #e pu#lished as shall effe tively give noti e to all interested parties that su h an /rder has #een issued! the industry affe ted! the $ini$u$ wages pres ri#ed and the date of its effe tivity. %EC"+/9 66. Effe tivity. O A 4age /rder shall #e o$e effe tive after fifteen ('@) days fro$ its pu#li ation as provided in Arti le '6A of the Code. %EC"+/9 6>. +nternal rules of the Co$$ission. O %u#5e t to the approval of the %e retary of La#or and E$ploy$ent! the 9ational 4ages Coun il $ay issue rules and regulations governing its internal pro edure.

#.

Agen ies in 4age Ki2ing Da hinery

') 9ational 4ages and Produ tivity Co$$ission! ,A B*6*! %e . >< Arts. '6;! '6'! '6B

6) ,egional "ripartite 4ages and Produ tivity Board! ,A B*6*! %e . >< Arts. '66! '6B 9asipit Lu$#er Co. v. 9L,C! 6)( %C,A BB* ('(())

a.

c.
,ationale for 4age ,ationalization! ,A B*6*! %e . 6

%tandardsCCriteria for Dini$u$ 4age Ki2ing! ,A B*6*! %e . >< Art. '6A 4age /rder! Arts. '6>! '6A

d.
a)

%e . 6. +t is here#y de lared the poli y of the %tate to rationalize the fi2ing of $ini$u$ wages and to pro$ote produ tivity0i$prove$ent and gain0sharing $easures to ensure a de ent standard of living for the wor3ers and their fa$ilies< to guarantee the rights of la#or to its 5ust share in the fruits of produ tion< to enhan e e$ploy$ent generation in the ountryside through industry dispersal< and to allow #usiness and industry reasona#le returns on invest$ent! e2pansion and growth. "he %tate shall pro$ote olle tive #argaining as the pri$ary $ode of setting wages and other ter$s and onditions of e$ploy$ent< and! whenever ne essary! the $ini$u$ wage rates shall #e ad5usted in a fair and e?uita#le $anner! onsidering e2isting regional disparities in the ost of living and other so io0 e ono$i fa tors and the national e ono$i and so ial develop$ent plans.

') Dethods of Ki2ing Kloor 4age $ethod #) %alary M Ceiling Dethod

E$ployers Confederation of the Phil. :. 9ational 4age and Produ tivity Co$$ission! 6;' %C,A *@( ('((')

Du$an C La#or + C Prof. Battad C Page '''

A,". 6;6. Erroneous pa ment. 0 (a) +f the %yste$ in good faith pays in o$e #enefit to a dependent who is inferior in right to another dependent or with who$ another dependent is entitled to share! su h pay$ents shall dis harge the %yste$ fro$ lia#ility! unless and until su h other dependent notifies the %yste$ of his lai$ prior to the pay$ents. (#) +n ase of dou#t as to the respe tive rights of rival lai$ants! the %yste$ is here#y e$powered to deter$ine as to who$ pay$ents should #e $ade in a ordan e with su h regulations as the Co$$ission $ay approve. +f the $oney is paya#le to a $inor or in o$petent! pay$ent shall #e $ade #y the %yste$ to su h person or persons as it $ay onsider to #e #est ?ualified to ta3e are and dispose of the $inorGs or in o$petentGs property for his #enefit. 6) :alidity Cagayan %ugar Dilling Co. v. %e retary! D/LE! 6)A %C,A '@; ('(()) 9CC Art. '*;@. "he la#orerUs wages shall #e paid in legal urren y" %EC"+/9 '. Danner of wage pay$ent. O As a general rule! wages shall #e paid in legal tender and the use of to3ens! pro$issory notes! vou hers! oupons! or any other for$ alleged to represent legal tender is a#solutely prohi#ited even when e2pressly re?uested #y the e$ployee. %EC"+/9 6. Pay$ent #y he 3. O Pay$ent of wages #y #an3 he 3s! postal he 3s or $oney orders is allowed where su h $anner of wage pay$ent is usto$ary on the date of the effe tivity of the Code! where it is so stipulated in a olle tive agree$ent! or where all of the following onditions are $et8 (a) "here is a #an3 or other fa ility for en ash$ent within a radius of one (') 3ilo$eter fro$ the wor3pla e< (#) "he e$ployer or any of his agents or representatives does not re eive any pe uniary #enefit dire tly or indire tly fro$ the arrange$ent< ( ) "he e$ployees are given reasona#le ti$e during #an3ing hours to withdraw their wages fro$ the #an3 whi h ti$e shall #e onsidered as o$pensa#le hours wor3ed if done during wor3ing hours< and (d) "he pay$ent #y he 3 is with the written onsent of the e$ployees on erned if there is no olle tive agree$ent authorizing the pay$ent of wages #y #an3 he 3s. Congson v. 9L,C! 6A> %C,A 6B; ('((@)

>) 4age Distortion

Pru#an3ers Asso iation v. Prudential Ban3 "rust Co.! >;6 %C,A *A ('((()

>.

4age Pay$ent and Prote tion

a. Kor$ of Pay$ent! Art. 6;6< Civil Code! Art. '*;@< ,ule :+++! %e s. '! 6 Du$an C La#or + C Prof. Battad C Page ''6

( ) Under any other analogous ir u$stan es< Provided! "hat the ti$e spent #y the e$ployees in olle ting their wages shall #e onsidered as o$pensa#le hours wor3ed< (d) 9o e$ployer shall pay his e$ployees in any #ar! night or day lu#! drin3ing esta#lish$ent! $assage lini ! dan e hall! or other si$ilar pla es or in pla es where ga$es are played with sta3es of $oney or things representing $oney e2 ept in the ase of persons e$ployed in said pla es. LC A,". ';A. Place of pa ment. 0 Pay$ent of wages shall #e $ade at or near the pla e of underta3ing! e2 ept as otherwise provided #y su h regulations as the %e retary of La#or and E$ploy$ent $ay pres ri#e under onditions to ensure greater prote tion of wages. %ee8 La#or Advisory on Pay$ent of %alaries "hru Auto$ated "eller Da hines (A"D)

#.

"i$e of Pay$ent! Art. ';>! %e . >

A,". ';>. 4ime of pa ment. 0 4ages shall #e paid at least on e every two (6) wee3s or twi e a $onth at intervals not e2 eeding si2teen ('B) days. +f on a ount of force ma7eure or ir u$stan es #eyond the e$ployerGs ontrol! pay$ent of wages on or within the ti$e herein provided annot #e $ade! the e$ployer shall pay the wages i$$ediately after su h force ma7eure or ir u$stan es have eased. 9o e$ployer shall $a3e pay$ent with less fre?uen y than on e a $onth. "he pay$ent of wages of e$ployees engaged to perfor$ a tas3 whi h annot #e o$pleted in two (6) wee3s shall #e su#5e t to the following onditions! in the a#sen e of a olle tive #argaining agree$ent or ar#itration award8 (') "hat pay$ents are $ade at intervals not e2 eeding si2teen ('B) days! in proportion to the a$ount of wor3 o$pleted< (6) "hat final settle$ent is $ade upon o$pletion of the wor3. %EC"+/9 >. "i$e of pay$ent. O (a) 4ages shall #e paid not less than on e every two (6) wee3s or twi e a $onth at intervals not e2 eeding si2teen ('B) days! unless pay$ent annot #e $ade with su h regularity due to for e $a5eure or ir u$stan es #eyond the e$ployerUs ontrol in whi h ase the e$ployer shall pay the wages i$$ediately after su h for e $a5eure or ir u$stan es have eased. (#) +n ase of pay$ent of wages #y results involving wor3 whi h annot #e finished in two (6) wee3s! pay$ent shall #e $ade at intervals not e2 eeding si2teen days in proportion to the a$ount of wor3 o$pleted. Kinal settle$ent shall #e $ade i$$ediately upon o$pletion of the wor3. . Pla e of Pay$ent! Art. ';A! %e . A

d.

Person to Pay! Art. ';@! %e s. @! B

%EC"+/9 @. Dire t pay$ent of wages. O Pay$ent of wages shall #e $ade dire t to the e$ployee entitled thereto e2 ept in the following ases8 (a) 4here the e$ployer is authorized in writing #y the e$ployee to pay his wages to a $e$#er of his fa$ily< (#) 4here pay$ent to another person of any part of the e$ployeeUs wages is authorized #y e2isting law! in luding pay$ents for the insuran e pre$iu$s of the e$ployee and union dues where the right to he 30off has #een re ognized #y the e$ployer in a ordan e with a olle tive agree$ent or authorized in writing #y the individual e$ployees on erned< or ( ) +n ase of death of the e$ployee as provided in the su eeding %e tion. %EC"+/9 B. 4ages of de eased e$ployee. O "he pay$ent of the wages of a de eased e$ployee shall #e $ade to his heirs without the ne essity of intestate pro eedings. 4hen the heirs are of age! they shall e2e ute an affidavit attesting to their relationship to the de eased and the fa t that they are his heirs to the e2 lusion of all other persons. +n ase any of the heirs is a $inor! su h affidavit shall #e e2e uted in his #ehalf #y his natural guardian or ne2t of 3in. Upon presentation of the affidavit to the e$ployer! he shall $a3e pay$ent to the heirs as representative of the %e retary of La#or and E$ploy$ent. A,". ';@. %irect pa ment of &ages. 0 4ages shall #e paid dire tly to the wor3ers to who$ they are due! e2 ept8 (a) +n ases of force ma7eure rendering su h pay$ent i$possi#le or under other spe ial ir u$stan es to #e deter$ined #y the %e retary of La#or and E$ploy$ent in appropriate regulations! in whi h ase! the wor3er $ay #e paid through another person under written authority given #y the wor3er for the purpose< or

%EC"+/9 A. Pla e of pay$ent. O As a general rule! the pla e of pay$ent shall #e at or near the pla e of underta3ing. Pay$ent in a pla e other than the wor3 pla e shall #e per$issi#le only under the following ir u$stan es8 (a) 4hen pay$ent annot #e effe ted at or near the pla e of wor3 #y reason of the deterioration of pea e and order onditions! or #y reason of a tual or i$pending e$ergen ies aused #y fire! flood! epide$i or other ala$ity rendering pay$ent thereat i$possi#le< (#) 4hen the e$ployer provides free transportation to the e$ployees #a 3 and forth< and

Du$an C La#or + C Prof. Battad C Page ''>

(#) 4here the wor3er has died! in whi h ase! the e$ployer $ay pay the wages of the de eased wor3er to the heirs of the latter without the ne essity of intestate pro eedings. "he lai$ants! if they are all of age! shall e2e ute an affidavit attesting to their relationship to the de eased and the fa t that they are his heirs! to the e2 lusion of all other persons. +f any of the heirs is a $inor! the affidavit shall #e e2e uted on his #ehalf #y his natural guardian or ne2t0of03in. "he affidavit shall #e presented to the e$ployer who shall $a3e pay$ent through the %e retary of La#or and E$ploy$ent or his representative. "he representative of the %e retary of La#or and E$ploy$ent shall a t as referee in dividing the a$ount paid a$ong the heirs. "he pay$ent of wages under this Arti le shall a#solve the e$ployer of any further lia#ility with respe t to the a$ount paid. Ber$iso v. Es ano! +n .! ';@ Phil. 6>' ('(@()

operating needs of the e$ployer and the rights of the wor3ers involved. +n su h ase! he $ay pres ri#e onditions and restri tions to insure the prote tion and welfare of the wor3ers. #. 4age Dedu tion! Art. ''>< ,ule :+++! %e . ';

A,". ''>. -age deduction. 0 9o e$ployer! in his own #ehalf or in #ehalf of any person! shall $a3e any dedu tion fro$ the wages of his e$ployees! e2 ept8 (a) +n ases where the wor3er is insured with his onsent #y the e$ployer! and the dedu tion is to re o$pense the e$ployer for the a$ount paid #y hi$ as pre$iu$ on the insuran e< (#) Kor union dues! in ases where the right of the wor3er or his union to he 30off has #een re ognized #y the e$ployer or authorized in writing #y the individual wor3er on erned< and ( ) +n ases where the e$ployer is authorized #y law or regulations issued #y the %e retary of La#or and E$ploy$ent. %EC"+/9 ';. Pay$ent of wages in ase of #an3rupt y. O Unpaid wages earned #y the e$ployees #efore the de laration of #an3rupt y or 5udi ial li?uidation of the e$ployerUs #usiness shall #e given first preferen e and shall #e paid in full #efore other reditors $ay esta#lish any lai$ to a share in the assets of the e$ployer.

A.

4age Prohi#itions

a. 4age +nterferen e in Disposal of 4ages! Art. ''6< ,ule :+++! %e . ( a. 4age +nterferen e in Disposal of 4ages! Art. ''6< ,ule :+++! %e . (

Apoda a v. 9L,C! '*6 %C,A AA6 ('()()

A,". ''6. (on!interference in disposal of &ages. 0 9o e$ployer shall li$it or otherwise interfere with the freedo$ of any e$ployee to dispose of his wages. .e shall not in any $anner for e! o$pel! or o#lige his e$ployees to pur hase $er handise! o$$odities or other property fro$ any other person! or otherwise $a3e use of any store or servi es of su h e$ployer or any other person.

%EC"+/9 (. La#or0only ontra ting. O (a) Any person who underta3es to supply wor3ers to an e$ployer shall #e dee$ed to #e engaged in la#or0only ontra ting where su h person8 (') Does not have su#stantial apital or invest$ent in the for$ of tools! e?uip$ent! $a hineries! wor3 pre$ises and other $aterials< and (6) "he wor3ers re ruited and pla ed #y su h person are perfor$ing a tivities whi h are dire tly related to the prin ipal #usiness or operations of the e$ployer in whi h wor3ers are ha#itually e$ployed. (#) La#or0only ontra ting as defined herein is here#y prohi#ited and the person a ting as ontra tor shall #e onsidered $erely as an agent or inter$ediary of the e$ployer who shall #e responsi#le to the wor3ers in the sa$e $anner and e2tent as if the latter were dire tly e$ployed #y hi$. ( ) Kor ases not falling under this ,ule! the %e retary of La#or and E$ploy$ent shall deter$ine through appropriate orders whether or not the ontra ting out of la#or is per$issi#le in the light of the ir u$stan es of ea h ase and after onsidering the . ,e?uire$ent to $a3e Deposits for Loss or Da$age! Art. Arts. ''A! ''@< ,ule :+++! %e . ''

A,". ''A. %eposits for loss or damage. 0 9o e$ployer shall re?uire his wor3er to $a3e deposits fro$ whi h dedu tions shall #e $ade for the rei$#urse$ent of loss of or da$age to tools! $aterials! or e?uip$ent supplied #y the e$ployer! e2 ept when the e$ployer is engaged in su h trades! o upations or #usiness where the pra ti e Du$an C La#or + C Prof. Battad C Page ''A

of $a3ing dedu tions or re ognized one! or is ne deter$ined #y the %e E$ploy$ent in appropriate

re?uiring deposits is a essary or desira#le as retary of La#or and rules and regulations.

f.

Dedu tion to Ensure E$ploy$ent! Art. ''*

A,". ''@. 8imitations. 0 9o dedu tion fro$ the deposits of an e$ployee for the a tual a$ount of the loss or da$age shall #e $ade unless the e$ployee has #een heard thereon! and his %EC"+/9 ''. AttorneyUs fees. O AttorneyUs fees in any 5udi ial or ad$inistrative pro eedings for the re overy of wages shall not e2 eed '; per ent of the a$ount awarded. "he fees $ay #e dedu ted fro$ the total a$ount due the winning party responsi#ility has #een learly shown.

A,". ''*. %eduction to ensure emplo ment. 0 +t shall #e unlawful to $a3e any dedu tion fro$ the wages of any e$ployee for the #enefit of the e$ployer or his representative or inter$ediary as onsideration of a pro$ise of e$ploy$ent or retention in e$ploy$ent.

g.

,etaliatory Deasures! Art. '')

Dente h Danufa turing Corp. 9L,C! '*6 %C,A @)) ('()()

A,". ''). ,etaliator measures. 0 +t shall #e unlawful for an e$ployer to refuse to pay or redu e the wages and #enefits! dis harge or in any $anner dis ri$inate against any e$ployee who has filed any o$plaint or instituted any pro eeding under this "itle or has testified or is a#out to testify in su h pro eedings.

Kalse ,eporting! Art. ''(< ,ule =! %e . '>

A,". ''(. False reporting. 0 +t shall #e unlawful for any person to $a3e any state$ent! report! or re ord filed or 3ept pursuant to the provisions of this Code 3nowing su h state$ent! report or re ord to #e false in any $aterial respe t. %EC"+/9 '>. Kalse reporting. O +t shall #e unlawful for any e$ployer or any person to $a3e any false state$ent! report or re ord on $atters re?uired to #e 3ept or $aintained pursuant to the provisions of this ,ule. i. Qeeping of E$ployeeGs ,e ords in a Pla e other than the 4or3pla e %outh Dotorists Enterprises v. "oso ! ')' %C,A >)B ('((;)

Kive & "a2i v. 9L,C! 6>@ %C,A @@B ('((A)

e.

4ithholding of 4ages! Art. ''B< Civil Code! Art. '*;B

A,". ''B. -ithholding of &ages and 'ic'"ac's prohi"ited. 0 +t shall #e unlawful for any person! dire tly or indire tly! to withhold any a$ount fro$ the wages of a wor3er or indu e hi$ to give up any part of his wages #y for e! stealth! inti$idation! threat or #y any other $eans whatsoever without the wor3erGs onsent. 9CC Art. '*;B. 4ithholding of the wages! e2 ept for a de#t due! shall not #e $ade #y the e$ployer"

!.

1arnish$entCE2e ution! Civil Code! Art. '*;)

9CC Art. '*;). "he la#orerUs wages shall not #e su#5e t to e2e ution or atta h$ent! e2 ept for de#ts in urred for food! shelter! lothing and $edi al attendan e. Du$an C La#or + C Prof. Battad C Page ''@

1AA v. Court of Appeals! 'A; %C,A >;A ('()@)

shall onstitute an en u$#ran e on the i$$ova#le or real right8 (>) Clai$s of la#orers! $asons! $e hani s and other wor3$en! as well as of ar hite ts! engineers and ontra tors! engaged in the onstru tion! re onstru tion or repair of #uildings! anals or other wor3s! upon said #uildings! anals or other wor3s< 222 Art. 66AA. 4ith referen e to other property! real and personal! of the de#tor! the following lai$s or redits shall #e preferred in the order na$ed8 (6) Credits for servi es rendered the insolvent #y e$ployees! la#orers! or household helpers for one year pre eding the o$$en e$ent of the pro eedings in insolven y< 222 Art. '6;*. "he on urren e of two or $ore reditors or of two or $ore de#tors in one and the sa$e o#ligation does not i$ply that ea h one of the for$er has a right to de$and! or that ea h one of the latter is #ound to render! entire o$plian e with the prestation. "here is a solidary lia#ility only when the o#ligation e2pressly so states! or when the law or the nature of the o#ligation re?uires solidarity. (''>*a)

%pe ial %teel Corp. v. :illareal! A>A %C,A '( (6;;A)

@. 4or3 Preferen e in the Event of Ban3rupt y! Art. '';< Boo3 +++! ,ule :+++! %e . *< ivil Code! Arts. '6;*! 66A' (B)! 66A6 (>)! 66AA (6) ,epu#li v. Peralta! '@; %C,A >* ('()*)

LC A,". '';. -or'er preference in case of "an'ruptc . 0 +n the event of #an3rupt y or li?uidation of an e$ployerGs #usiness! his wor3ers shall en5oy first preferen e as regards their wages and other $onetary lai$s! any provisions of law to the ontrary notwithstanding. %u h unpaid wages and $onetary lai$s shall #e paid in full #efore lai$s of the govern$ent and other reditors $ay #e paid. (As a$ended #y %e tion '! ,epu#li A t 9o. B*'@! Dar h 6'! '()(). +,, %EC"+/9 *. Civil lia#ility of e$ployer and ontra tors. O Every e$ployer or indire t e$ployer shall #e 5ointly and severally lia#le with his ontra tor or su#0 ontra tor for the unpaid wages of the e$ployees of the latter. %u h e$ployer or indire t e$ployer $ay re?uire the ontra tor or su#0 ontra tor to furnish a #ond e?ual to the ost of la#or under ontra t on ondition that the #ond will answer for the wages due the e$ployees should the ontra tor or su# ontra tor! as the ase $ay #e! fail to pay the sa$e. 9CC Art. 66A'. 4ith referen e to spe ifi $ova#le property of the de#tor! the following lai$s or liens shall #e preferred8 (B) Clai$s for la#orersU wages! on the goods $anufa tured or the wor3 done< 222 Art. 66A6. 4ith referen e to spe ifi i$$ova#le property and real rights of the de#tor! the following lai$s! $ortgages and liens shall #e preferred! and

Danila Ban3ing Corp. v. 9L,C! 6*( %C,A B;6! B6'0BA6 ('((*)

Du$an C La#or + C Prof. Battad C Page ''B

esta#lish$ent when non0 o$plian e with the law or i$ple$enting rules and regulations poses grave and i$$inent danger to the health and safety of wor3ers in the wor3pla e. 4ithin twenty0four hours! a hearing shall #e ondu ted to deter$ine whether an order for the stoppage of wor3 or suspension of operations shall #e lifted or not. +n ase the violation is attri#uta#le to the fault of the e$ployer! he shall pay the e$ployees on erned their salaries or wages during the period of su h stoppage of wor3 or suspension of operation. (d) +t shall #e unlawful for any person or entity to o#stru t! i$pede! delay or otherwise render ineffe tive the orders of the %e retary of La#or and E$ploy$ent or his duly authorized representatives issued pursuant to the authority granted under this Arti le! and no inferior ourt or entity shall issue te$porary or per$anent in5un tion or restraining order or otherwise assu$e 5urisdi tion over any ase involving the enfor e$ent orders issued in a ordan e with this Arti le. (e) Any govern$ent e$ployee found guilty of violation of! or a#use of authority! under this Arti le shall! after appropriate ad$inistrative investigation! #e su#5e t to su$$ary dis$issal fro$ the servi e. (f) "he %e retary of La#or and E$ploy$ent $ay! #y appropriate regulations! re?uire e$ployers to 3eep and $aintain su h e$ploy$ent re ords as $ay #e ne essary in aid of his visitorial and enfor e$ent powers under this Code. A,". '6(. ,eco#er of &ages, simple mone claims and other "enefits. 0 Upon o$plaint of any interested party! the ,egional Dire tor of the Depart$ent of La#or and E$ploy$ent or any of the duly authorized hearing offi ers of the Depart$ent is e$powered! through su$$ary pro eeding and after due noti e! to hear and de ide any $atter involving the re overy of wages and other $onetary lai$s and #enefits! in luding legal interest! owing to an e$ployee or person e$ployed in do$esti or household servi e or househelper under this Code! arising fro$ e$ployer0e$ployee relations8 Provided! "hat su h o$plaint does not in lude a lai$ for reinstate$ent8 Provided further! "hat the aggregate $oney lai$s of ea h e$ployee or househelper does not e2 eed Kive thousand pesos (P@!;;;.;;). "he ,egional Dire tor or hearing offi er shall de ide or resolve the o$plaint within thirty (>;) alendar days fro$ the date of the filing of the sa$e. Any su$ thus re overed on #ehalf of any e$ployee or househelper pursuant to this Arti le shall #e held in a spe ial deposit a ount #y! and shall #e paid on order of! the %e retary of La#or and E$ploy$ent or the ,egional Dire tor dire tly to the e$ployee or househelper on erned. Any su h su$ not paid to the e$ployee or househelper #e ause he annot #e lo ated after diligent and reasona#le effort to lo ate hi$ within a period of three (>) years! shall #e held as a spe ial fund of the Depart$ent of La#or and E$ploy$ent to #e used e2 lusively for the a$elioration and #enefit of wor3ers. Any de ision or resolution of the ,egional Dire tor or hearing offi er pursuant to this provision $ay #e appealed on the sa$e grounds provided in Arti le 66> of this Code! within five (@) alendar days fro$ re eipt of a opy of said de ision or resolution! to the 9ational La#or ,elations Co$$ission whi h shall resolve the appeal within ten (';) alendar days fro$ the su#$ission of the last pleading re?uired or allowed under its rules. han ro#les virtual law li#rary

B. 4age ,e overyC&urisdi tion! arts. '6)! '6(! 6'*! '''< Boo3 +++! ,ule =! %e s. '0@ A,". '6). 9isitorial and enforcement po&er. 0 (a) "he %e retary of La#or and E$ploy$ent or his duly authorized representatives! in luding la#or regulation offi ers! shall have a ess to e$ployerGs re ords and pre$ises at any ti$e of the day or night whenever wor3 is #eing underta3en therein! and the right to opy therefro$! to ?uestion any e$ployee and investigate any fa t! ondition or $atter whi h $ay #e ne essary to deter$ine violations or whi h $ay aid in the enfor e$ent of this Code and of any la#or law! wage order or rules and regulations issued pursuant thereto. (#) 9otwithstanding the provisions of Arti les '6( and 6'* of this Code to the ontrary! and in ases where the relationship of e$ployer0e$ployee still e2ists! the %e retary of La#or and E$ploy$ent or his duly authorized representatives shall have the power to issue o$plian e orders to give effe t to the la#or standards provisions of this Code and other la#or legislation #ased on the findings of la#or e$ploy$ent and enfor e$ent offi ers or industrial safety engineers $ade in the ourse of inspe tion. "he %e retary or his duly authorized representatives shall issue writs of e2e ution to the appropriate authority for the enfor e$ent of their orders! e2 ept in ases where the e$ployer ontests the findings of the la#or e$ploy$ent and enfor e$ent offi er and raises issues supported #y do u$entary proofs whi h were not onsidered in the ourse of inspe tion. (As a$ended #y ,epu#li A t 9o. **>;! &une 6! '((A). An order issued #y the duly authorized representative of the %e retary of La#or and E$ploy$ent under this Arti le $ay #e appealed to the latter. +n ase said order involves a $onetary award! an appeal #y the e$ployer $ay #e perfe ted only upon the posting of a ash or surety #ond issued #y a reputa#le #onding o$pany duly a redited #y the %e retary of La#or and E$ploy$ent in the a$ount e?uivalent to the $onetary award in the order appealed fro$. (As a$ended #y ,epu#li A t 9o. **>;! &une 6! '((A). ( ) "he %e retary of La#or and E$ploy$ent $ay li3ewise order stoppage of wor3 or suspension of operations of any unit or depart$ent of an

Du$an C La#or + C Prof. Battad C Page ''*

"he %e retary of La#or and E$ploy$ent or his duly authorized representative $ay supervise the pay$ent of unpaid wages and other $onetary lai$s and #enefits! in luding legal interest! found owing to any e$ployee or househelper under this Code. (As a$ended #y %e tion 6! ,epu#li A t 9o. B*'@! Dar h 6'! '()(). A,". 6'*. :urisdiction of the 8a"or Ar"iters and the Commission. 0 (a) E2 ept as otherwise provided under this Code! the La#or Ar#iters shall have original and e2 lusive 5urisdi tion to hear and de ide! within thirty (>;) alendar days after the su#$ission of the ase #y the parties for de ision without e2tension! even in the a#sen e of stenographi notes! the following ases involving all wor3ers! whether agri ultural or non0agri ultural8 '. Unfair la#or pra ti e ases< 6. "er$ination disputes< >. +f a o$panied with a lai$ for reinstate$ent! those ases that wor3ers $ay file involving wages! rates of pay! hours of wor3 and other ter$s and onditions of e$ploy$ent< A. Clai$s for a tual! $oral! e2e$plary and other for$s of da$ages arising fro$ the e$ployer0 e$ployee relations< @. Cases arising fro$ any violation of Arti le 6BA of this Code! in luding ?uestions involving the legality of stri3es and lo 3outs< and B. E2 ept lai$s for E$ployees Co$pensation! %o ial %e urity! Dedi are and $aternity #enefits! all other lai$s arising fro$ e$ployer0e$ployee relations! in luding those of persons in do$esti or household servi e! involving an a$ount e2 eeding five thousand pesos (P@!;;;.;;) regardless of whether a o$panied with a lai$ for reinstate$ent. "b) T e #$%%&''&$( ' a)) a*e e+c),'&*e a--e))a.e !,/&'d&c.&$( $*e/ a)) ca'e' dec&ded b0 1ab$/ A/b&.e/'. ( ) Cases arising fro$ the interpretation or i$ple$entation of olle tive #argaining agree$ents and those arising fro$ the interpretation or enfor e$ent of o$pany personnel poli ies shall #e disposed of #y the La#or Ar#iter #y referring the sa$e to the grievan e $a hinery and voluntary ar#itration as $ay #e provided in said agree$ents. (As a$ended #y %e tion (! ,epu#li A t 9o. B*'@! Dar h 6'! '()(). A,". '''. Attorne ;s fees. 0 (a) +n ases of unlawful withholding of wages! the ulpa#le party $ay #e assessed attorneyGs fees e?uivalent to ten per ent of the a$ount of wages re overed.

%EC"+/9 6. Enfor e$ent power. O (a) "he ,egional Dire tor in ases where e$ployer relations shall e2ist! shall have the power to order and ad$inister! after due noti e and hearing! o$plian e with the la#or standards provisions of the Code and other la#or legislations #ased on the findings of the La#or ,egulation /ffi ers or +ndustrial %afety Engineers (La#or %tandard and 4elfare /ffi er) and $ade in the ourse of inspe tion! and to issue writs of e2e ution to the appropriate authority of the enfor e$ent of his order. +n line with the provisions of Arti le '6) in relation to Arti les 6)( and 6(; of the La#or Code as a$ended in ases! however! where the e$ployer ontests the findings of the La#or %tandards and 4elfare /ffi ers and raises issues whi h annot #e resolved without onsidering evidentiary $atters that are not verifia#le in the nor$al ourse of inspe tion! the ,egional Dire tor on erned shall indorse the ase to the appropriate ar#itration #ran h of the 9ational La#or ,elations Co$$ission for ad5udi ation. (#) "he ,egional Dire tor shall give the e$ployer fifteen ('@) days within whi h to o$ply with his order #efore issuing a writ of e2e ution. Copy of su h order or writ of e2e ution shall i$$ediately #e furnished the %e retary of La#or and E$ploy$ent. %EC"+/9 >. Enfor e$ent power on health and safety of wor3ers. O (a) "he ,egional Dire tor $ay li3ewise order stoppage of wor3 or suspension of operations of any unit or depart$ent of an esta#lish$ent when non0 o$plian e with the law! safety order or i$ple$enting rules and regulations poses grave and i$$inent danger to the health and safety of wor3ers in the wor3pla e. (#) 4ithin 6A hours fro$ issuan e of the order of stoppage or suspension! a hearing shall #e ondu ted to deter$ine whether the order for the stoppage of wor3 or suspension of operation shall #e lifted or not. "he pro eedings shall #e ter$inated within seventy0two (*6) hours and a opy of su h order or resolution shall #e i$$ediately furnished the %e retary of La#or and E$ploy$ent. +n ase the violation is attri#uta#le to the fault of the e$ployer! he shall pay the e$ployees on erned their salaries or wages during the period of su h stoppage of wor3 or suspension of operation. %EC"+/9 A. Power to review. O (a) "he %e retary of La#or and E$ploy$ent! at his own initiative or upon re?uest of the e$ployer andCor e$ployee! $ay review the order of the ,egional Dire tor. "he order of the ,egional Dire tor shall #e i$$ediately final and e2e utory unless stayed #y the %e retary of La#or and E$ploy$ent upon posting #y the e$ployer of a reasona#le ash or surety #ond as fi2ed #y the ,egional Dire tor. (#) +n aid of his power of review! the %e retary of La#or and E$ploy$ent $ay dire t the Bureau of 4or3ing Conditions to evaluate the findings or orders of the ,egional Dire tor. "he de ision of the %e retary of La#or and E$ploy$ent shall #e final and e2e utory. %EC"+/9 @. +nterferen e and in5un tions prohi#ited. O +t shall #e unlawful for any person or entity to o#stru t! i$pede! delay or otherwise render ineffe tive the e2er ise of the enfor e$ent power of the %e retary of La#or and E$ploy$ent! ,egional Dire tor or their duly authorized representatives pursuant to the authority granted #y the Code and its i$ple$enting rules and regulations! and no inferior ourt or entity shall issue te$porary or per$anent in5un tion or restraining order or otherwise assu$e Du$an C La#or + C Prof. Battad C Page '')

%EC"+/9 '. :isitorial power. O "he %e retary of La#or and E$ploy$ent or his duly authorized representatives! in luding La#or ,egulations /ffi ers or +ndustrial %afety Engineers! shall have a ess to e$ployerUs re ords and pre$ises at any ti$e of the day or night whenever wor3 is #eing underta3en therein! and right to opy therefro$! to ?uestion any e$ployee! and to investigate any fa t! ondition or $atter relevant to the enfor e$ent of any provision of the Code and of any la#or law! wage order or rules and regulations issued pursuant thereto.

5urisdi tion over any ase involving the enfor e$ent orders issued in a ordan e with the Code. +n addition to the penalties provided for #y the La#or Code! any govern$ent e$ployees found guilty of violation or a#use of authority! shall #e su#5e t to the provisions of Presidential De ree 9o. B. Cirineo Bowling Plaza v. 1erry %ensing! supra

Ultra :illa Kood .aus v. 1eniston! >;( %C,A '* ('((()

%an Diguel Corporation v. Court of Appeals! supra 1ui o v. %e . of La#or! 6() %C,A BB* ('(())

?"

T0,rtee&t0 1%&t0 5#: '. .istory of the Law

>. ,ationale! Clauses and L+$itations

PD

)@'!

4hereas

-)E,EAS! it is ne essary to further prote t the level of real wages fro$ the ravage of worldwide inflation< -)E,EAS! there has #een no in rease in the legal $ini$u$ wage rates sin e '(*;< -)E,EAS! the Christ$as season is an opportune ti$e for so iety to show its on ern for the plight of the wor3ing $asses so they $ay properly ele#rate Christ$as and 9ew Tear. %e tion '. All e$ployers are here#y re?uired to pay all their e$ployees re eiving a #asi salary of not $ore than P'!;;; a $onth! regardless of the nature of their e$ploy$ent! a '>th0$onth pay not later than De e$#er 6A of every year. %e . 6. E$ployers already paying their e$ployees a '>th0$onth pay or its e?uivalent are not overed #y this De ree. Du$an C La#or + C Prof. Battad C Page ''(

Dente h Dfg. Corp. v. 9L,C! supra 6. Coverage

Ar hilles Danufa turing Corp. v! 9L,C! 6AA %C,A *@; ('((@)

A. a.

A$ount and Date of Pay$ent

Basi 4ageCCo$$issions Boie "a3eda v. Dela %erna! Supra +ran v. 9L,C! supra .onda Philippines +n . v. %a$ahan ng Dalayang Danggagawa sa .onda! AB; %C,A ')B (6;;@) d. Di$inution Davao Kruits Corp. v. Asso iated La#or Unions! supra B%&.s '. 9ature

!"

Philippine Dupli ators +n . v. 9L,C! 6A' %C,A >); ('((@)

#.

%u#stitute Pay$ent Kra$anlis Kar$s! +n . v. 9L,C! '*' %C,A )* ('()()

'Ath Donth Pay Qa$aya Port .otel v. 9L,C! '** %C,A 'B; ('()()

6.

Definition< 4hen De$anda#le

Dar os v. 9L,C! 6A) %C,A 'AB ('((@)

Du$an C La#or + C Prof. Battad C Page '6;

( ) +n any agri ultural underta3ing at nightti$e unless she is given a period of rest of not less than nine (() onse utive hours. A,". '>'. Exceptions. 0 "he prohi#itions pres ri#ed #y the pre eding Arti le shall not apply in any of the following ases8 (a) +n ases of a tual or i$pending e$ergen ies aused #y serious a ident! fire! flood! typhoon! earth?ua3e! epide$i or other disasters or ala$ity! to prevent loss of life or property! or in ases of force ma7eure or i$$inent danger to pu#li safety< (#) +n ase of urgent wor3 to #e perfor$ed on $a hineries! e?uip$ent or installation! to avoid serious loss whi h the e$ployer would otherwise suffer< ( ) 4here the wor3 is ne essary to prevent serious loss of perisha#le goods< (d) 4here the wo$an e$ployee holds a responsi#le position of $anagerial or te hni al nature! or where the wo$an e$ployee has #een engaged to provide health and welfare servi es< (e) 4here the nature of the wor3 re?uires the $anual s3ill and de2terity of wo$en wor3ers and the sa$e annot #e perfor$ed with e?ual effi ien y #y $ale wor3ers< (f) 4here the wo$en e$ployees are i$$ediate $e$#ers of the fa$ily operating the esta#lish$ent or underta3ing< and (g) Under other analogous ases e2e$pted #y the %e retary of La#or and E$ploy$ent in appropriate regulations. A,". '>6. Facilities for &omen. 0 "he %e retary of La#or and E$ploy$ent shall esta#lish standards that will ensure the safety and health of wo$en e$ployees. +n appropriate ases! he shall! #y regulations! re?uire any e$ployer to8 (a) Provide seats proper for wo$en and per$it the$ to use su h seats when they are free fro$ wor3 and during wor3ing hours! provided they an perfor$ their duties in this position without detri$ent to effi ien y< (#) "o esta#lish separate toilet roo$s and lavatories for $en and wo$en and provide at least a dressing roo$ for wo$en< ( ) "o esta#lish a nursery in a wor3pla e for the #enefit of the wo$en e$ployees therein< and (d) "o deter$ine appropriate $ini$u$ age and other standards for retire$ent or ter$ination in spe ial o upations su h as those of flight attendants and the li3e. A,". '>>. Maternit lea#e "enefits. 0 (a) Every e$ployer shall grant to any pregnant wo$an e$ployee who has rendered an aggregate servi e of at least si2 (B) $onths for the last twelve ('6) $onths! $aternity leave of at least two (6) wee3s prior to the e2pe ted date of delivery and another four (A) wee3s after nor$al delivery or a#ortion with full pay #ased on her regular or average wee3ly wages. "he e$ployer $ay re?uire fro$ any wo$an Du$an C La#or + C Prof. Battad C Page '6'

Business +nfor$ation %yste$s and %ervi es! +n . v. 9L,C! 66' %C,A ( ('((>)Philippine Applian e Corp. v. Court of Appeals! A>; %C,A @6@ (6;;A)

A$eri an 4ire and Ca#le Daily ,ated E$ployees Union v. A$eri an 4ire and Ca#le Co.! +n .! A@* %C,A B)A (6;;@)

-" W%rB,&/ %4 W%rBers

%&*,t,%&s 4%r S(e',#+ Gr%.(

'. 4o$en! Arts. '>;0'>)< /$ni#us ,ules! Boo3 +++! ,ule =++! %e . '< Constitution! Arts. ++! %e . '> =+++! %e . 'A< Convention on the Eli$ination of All Kor$s of Dis ri$ination Against 4o$en (CEDA4)! Arts. ''0'>< +L/ Convention 9os. ';; - ''' Chapter + EDPL/TDE9" /K 4/DE9 A,". '>;. (ight&or' prohi"ition. 0 9o wo$an! regardless of age! shall #e e$ployed or per$itted or suffered to wor3! with or without o$pensation8 (a) +n any industrial underta3ing or #ran h thereof #etween ten oG lo 3 at night and si2 oG lo 3 in the $orning of the following day< or (#) +n any o$$er ial or non0industrial underta3ing or #ran h thereof! other than agri ultural! #etween $idnight and si2 oG lo 3 in the $orning of the following day< or

e$ployee applying for $aternity leave the produ tion of a $edi al ertifi ate stating that delivery will pro#a#ly ta3e pla e within two wee3s. (#) "he $aternity leave shall #e e2tended without pay on a ount of illness $edi ally ertified to arise out of the pregnan y! delivery! a#ortion or $is arriage! whi h renders the wo$an unfit for wor3! unless she has earned unused leave redits fro$ whi h su h e2tended leave $ay #e harged. ( ) "he $aternity leave provided in this Arti le shall #e paid #y the e$ployer only for the first four (A) deliveries #y a wo$an e$ployee after the effe tivity of this Code. A,". '>A. Famil planning ser#ices< incenti#es for famil planning. 0 (a) Esta#lish$ents whi h are re?uired #y law to $aintain a lini or infir$ary shall provide free fa$ily planning servi es to their e$ployees whi h shall in lude! #ut not #e li$ited to! the appli ation or use of ontra eptive pills and intrauterine devi es. (#) +n oordination with other agen ies of the govern$ent engaged in the pro$otion of fa$ily planning! the Depart$ent of La#or and E$ploy$ent shall develop and pres ri#e in entive #onus s he$es to en ourage fa$ily planning a$ong fe$ale wor3ers in any esta#lish$ent or enterprise. A,". '>@. %iscrimination prohi"ited. 0 +t shall #e unlawful for any e$ployer to dis ri$inate against any wo$an e$ployee with respe t to ter$s and onditions of e$ploy$ent solely on a ount of her se2. "he following are a ts of dis ri$ination8 (a) Pay$ent of a lesser o$pensation! in luding wage! salary or other for$ of re$uneration and fringe #enefits! to a fe$ale e$ployees as against a $ale e$ployee! for wor3 of e?ual value< and (#) Kavoring a $ale e$ployee over a fe$ale e$ployee with respe t to pro$otion! training opportunities! study and s holarship grants solely on a ount of their se2es. Cri$inal lia#ility for the willful o$$ission of any unlawful a t as provided in this Arti le or any violation of the rules and regulations issued pursuant to %e tion 6 hereof shall #e penalized as provided in Arti les 6)) and 6)( of this Code8 Provided! "hat the institution of any ri$inal a tion under this provision shall not #ar the aggrieved e$ployee fro$ filing an entirely separate and distin t a tion for $oney lai$s! whi h $ay in lude lai$s for da$ages and other affir$ative reliefs. "he a tions here#y authorized shall pro eed independently of ea h other. (As a$ended #y ,epu#li A t 9o. B*6@! Day '6! '()(). A,". '>B. Stipulation against marriage. 0 +t shall #e unlawful for an e$ployer to re?uire as a ondition of e$ploy$ent or ontinuation of e$ploy$ent that a wo$an e$ployee shall not get $arried! or to stipulate e2pressly or ta itly that upon getting $arried! a wo$an e$ployee shall #e dee$ed resigned or separated! or to a tually dis$iss! dis harge! dis ri$inate or otherwise pre5udi e a wo$an e$ployee $erely #y reason of her $arriage.

A,". '>*. Prohi"ited acts. 0 (a) +t shall #e unlawful for any e$ployer8 (') "o deny any wo$an e$ployee the #enefits provided for in this Chapter or to dis harge any wo$an e$ployed #y hi$ for the purpose of preventing her fro$ en5oying any of the #enefits provided under this Code. (6) "o dis harge su h wo$an on a ount of her pregnan y! or while on leave or in onfine$ent due to her pregnan y< (>) "o dis harge or refuse the ad$ission of su h wo$an upon returning to her wor3 for fear that she $ay again #e pregnant. A,". '>). Classification of certain &omen &or'ers . 0 Any wo$an who is per$itted or suffered to wor3! with or without o$pensation! in any night lu#! o 3tail lounge! $assage lini ! #ar or si$ilar esta#lish$ents under the effe tive ontrol or supervision of the e$ployer for a su#stantial period of ti$e as deter$ined #y the %e retary of La#or and E$ploy$ent! shall #e onsidered as an e$ployee of su h esta#lish$ent for purposes of la#or and so ial legislation. ,ULE =++ E$ploy$ent of 4o$en and Dinors %EC"+/9 '. 1eneral state$ent on overage. O "his ,ule shall apply to all e$ployers! whether operating for profit or not! in luding edu ational! religious and harita#le institutions! e2 ept to the 1overn$ent and to govern$ent0owned or ontrolled orporations and to e$ployers of household helpers and persons in their personal servi e insofar as su h wor3ers are on erned.

Con&tit/tion Art. II, Section 13. The State recogni(es the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. !t shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. A T!C"# $!!! % A'=#+ Section 14. The State shall protect wor)ing women by providing safe and healthful wor)ing conditions, ta)ing into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to reali(e their full potential in the service of the nation.

EDAW
Article << -. States 5arties shall ta)e all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular; ,a1 The right to wor) as an inalienable right of all human beings<

Du$an C La#or + C Prof. Battad C Page '66

,b1 The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment< ,c1 The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training< ,d1 The right to equal remuneration, including benefits, and to equal treatment in respect of wor) of equal value, as well as equality of treatment in the evaluation of the quality of wor)< ,e1 The right to social security, particularly in cases of retirement, unemployment, sic)ness, invalidity and old age and other incapacity to wor), as well as the right to paid leave< ,f1 The right to protection of health and to safety in wor)ing conditions, including the safeguarding of the function of reproduction. .. !n order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to wor), States 5arties shall ta)e appropriate measures; ,a1 To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status< ,b1 To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances< ,c1 To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with wor) responsibilities and participation in public life, in particular through promoting the establishment and development of a networ) of child-care facilities< ,d1 To provide special protection to women during pregnancy in types of wor) proved to be harmful to them. 4. 5rotective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological )nowledge and shall be revised, repealed or e*tended as necessary. Article <: -. States 5arties shall ta)e all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning. .. +otwithstanding the provisions of paragraph ! of this article, States 5arties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.

Article <= States 5arties shall ta)e all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular; ,a1 The right to family benefits< ,b1 The right to ban) loans, mortgages and other forms of financial credit< ,c1 The right to participate in recreational activities, sports and all aspects of cultural life.

100 EE.#+ Rem.&er#t,%&

%&;e&t,%&, 1971

Convention on erning E?ual ,e$uneration for Den and 4o$en 4or3ers for 4or3 of E?ual :alue (9ote8 Date of o$ing into for e8 6>8;@8'(@>.) Convention8C';; Pla e81eneva %ession of the Conferen e8>A Date of adoption86(8;B8'(@' %u#5e t lassifi ation8 E?ual ,e$uneration %u#5e t lassifi ation8 4o$en %u#5e t8 EE.#+,t: %4 O((%rt.&,t: #&* Tre#tme&t

"he 1eneral Conferen e of the +nternational La#our /rganisation! .aving #een onvened at 1eneva #y the 1overning Body of the +nternational La#our /ffi e! and having $et in its "hirty0fourth %ession on B &une '(@'! and .aving de ided upon the adoption of ertain proposals with regard to the prin iple of e?ual re$uneration for $en and wo$en wor3ers for wor3 of e?ual value! whi h is the seventh ite$ on the agenda of the session! and .aving deter$ined that these proposals shall ta3e the for$ of an international Convention! adopts this twenty0ninth day of &une of the year one thousand nine hundred and fifty0one the following Convention! whi h $ay #e ited as the E?ual ,e$uneration Convention! '(@'8 Arti le ' Kor the purpose of this Convention00 (a) the ter$ remuneration in ludes the ordinary! #asi or $ini$u$ wage or salary and any additional e$olu$ents whatsoever paya#le dire tly or indire tly! whether in ash or in 3ind! #y the e$ployer to the wor3er and arising out of the wor3erUs e$ploy$ent< (#) the ter$ equal remuneration for men and women workers for work of equal value refers to rates of re$uneration esta#lished without dis ri$ination #ased on se2. Arti le 6 '. Ea h De$#er shall! #y $eans appropriate to the $ethods in operation for deter$ining rates of Du$an C La#or + C Prof. Battad C Page '6>

re$uneration! pro$ote and! in so far as is onsistent with su h $ethods! ensure the appli ation to all wor3ers of the prin iple of e?ual re$uneration for $en and wo$en wor3ers for wor3 of e?ual value. 6. "his prin iple $ay #e applied #y $eans of00 (a) national laws or regulations< (#) legally esta#lished or re ognised $a hinery for wage deter$ination< ( ) olle tive agree$ents #etween e$ployers and wor3ers< or (d) a o$#ination of these various $eans. Arti le > '. 4here su h a tion will assist in giving effe t to the provisions of this Convention $easures shall #e ta3en to pro$ote o#5e tive appraisal of 5o#s on the #asis of the wor3 to #e perfor$ed. 6. "he $ethods to #e followed in this appraisal $ay #e de ided upon #y the authorities responsi#le for the deter$ination of rates of re$uneration! or! where su h rates are deter$ined #y olle tive agree$ents! #y the partYes thereto. >. Differential rates #etween wor3ers whi h orrespond! without regard to se2! to differen es! as deter$ined #y su h o#5e tive appraisal! in the wor3 to #e perfor$ed shall not #e onsidered as #eing ontrary to the prin iple of e?ual re$uneration for $en and wo$en wor3ers for wor3 of e?ual value. Arti le A Ea h De$#er shall o0operate as appropriate with the e$ployersU and wor3ersU organisations on erned for the purpose of giving effe t to the provisions of this Convention. Arti le @ "he for$al ratifi ations of this Convention shall #e o$$uni ated to the Dire tor01eneral of the +nternational La#our /ffi e for registration. Arti le B '. "his Convention shall #e #inding only upon those De$#ers of the +nternational La#our /rganisation whose ratifi ations have #een registered with the Dire tor01eneral. 6. +t shall o$e into for e twelve $onths after the date on whi h the ratifi ations of two De$#ers have #een registered with the Dire tor01eneral. >. "hereafter! this Convention shall o$e into for e for any De$#er twelve $onths after the date on whi h its ratifi ation has #een registered. Arti le * '. De larations o$$uni ated to the Dire tor0 1eneral of the +nternational La#our /ffi e in a ordan e with paragraph 6 of Arti le >@ of the

Constitution of the +nternational La#our /rganisation shall indi ate 00 a) the territories in respe t of whi h the De$#er on erned underta3es that the provisions of the Convention shall #e applied without $odifi ation< #) the territories in respe t of whi h it underta3es that the provisions of the Convention shall #e applied su#5e t to $odifi ations! together with details of the said $odifi ations< ) the territories in respe t of whi h the Convention is inappli a#le and in su h ases the grounds on whi h it is inappli a#le< d) the territories in respe t of whi h it reserves its de ision pending further onsideration of the position. 6. "he underta3ings referred to in su#paragraphs (a) and (#) of paragraph ' of this Arti le shall #e dee$ed to #e an integral part of the ratifi ation and shall have the for e of ratifi ation. >. Any De$#er $ay at any ti$e #y a su#se?uent de laration an el in whole or in part any reservation $ade in its original de laration in virtue of su#paragraph (#)! ( ) or (d) of paragraph ' of this Arti le. A. Any De$#er $ay! at any ti$e at whi h the Convention is su#5e t to denun iation in a ordan e with the provisions of Arti le (! o$$uni ate to the Dire tor01eneral a de laration $odifying in any other respe t the ter$s of any for$er de laration and stating the present position in respe t of su h territories as it $ay spe ify. Arti le ) '. De larations o$$uni ated to the Dire tor0 1eneral of the +nternational La#our /ffi e in a ordan e with paragraph A or @ of Arti le >@ of the Constitution of the +nternational La#our /rganisation shall indi ate whether the provisions of the Convention will #e applied in the territory on erned without $odifi ation or su#5e t to $odifi ations< when the de laration indi ates that the provisions of the Convention will #e applied su#5e t to $odifi ations! it shall give details of the said $odifi ations. 6. "he De$#er! De$#ers or international authority on erned $ay at any ti$e #y a su#se?uent de laration renoun e in whole or in part the right to have re ourse to any $odifi ation indi ated in any for$er de laration. >. "he De$#er! De$#ers or international authority on erned $ay! at any ti$e at whi h this Convention is su#5e t to denun iation in a ordan e with the provisions of Arti le (! o$$uni ate to the Dire tor0 1eneral a de laration $odifying in any other respe t the ter$s of any for$er de laration and stating the present position in respe t of the appli ation of the Convention. Arti le ( '. A De$#er whi h has ratified this Convention $ay denoun e it after the e2piration of ten years fro$ the date on whi h the Convention first o$es into for e! Du$an C La#or + C Prof. Battad C Page '6A

#y an a t o$$uni ated to the Dire tor01eneral of the +nternational La#our /ffi e for registration. %u h denun iation shall not ta3e effe t until one year after the date on whi h it is registered. 6. Ea h De$#er whi h has ratified this Convention and whi h does not! within the year following the e2piration of the period of ten years $entioned in the pre eding paragraph! e2er ise the right of denun iation provided for in this Arti le! will #e #ound for another period of ten years and! thereafter! $ay denoun e this Convention at the e2piration of ea h period of ten years under the ter$s provided for in this Arti le. Arti le '; '. "he Dire tor01eneral of the +nternational La#our /ffi e shall notify all De$#ers of the +nternational La#our /rganisation of the registration of all ratifi ations! de larations and denun iations o$$uni ated to hi$ #y the De$#ers of the /rganisation. 6. 4hen notifying the De$#ers of the /rganisation of the registration of the se ond ratifi ation o$$uni ated to hi$! the Dire tor01eneral shall draw the attention of the De$#ers of the /rganisation to the date upon whi h the Convention will o$e into for e. Arti le '' "he Dire tor01eneral of the +nternational La#our /ffi e shall o$$uni ate to the %e retary01eneral of the United 9ations for registration in a ordan e with Arti le ';6 of the Charter of the United 9ations full parti ulars of all ratifi ations! de larations and a ts of denun iation registered #y hi$ in a ordan e with the provisions of the pre eding arti les. Arti le '6 At su h ti$es as $ay onsider ne essary the 1overning Body of the +nternational La#our /ffi e shall present to the 1eneral Conferen e a report on the wor3ing of this Convention and shall e2a$ine the desira#ility of pla ing on the agenda of the Conferen e the ?uestion of its revision in whole or in part. Arti le '> '. %hould the Conferen e adopt a new Convention revising this Convention in whole or in part! then! unless the new Convention otherwise provides00 a) the ratifi ation #y a De$#er of the new revising Convention shall ipso 5ure involve the i$$ediate denun iation of this Convention! notwithstanding the provisions of Arti le ( a#ove! if and when the new revising Convention shall have o$e into for e< #) as fro$ the date when the new revising Convention o$es into for e this Convention shall ease to #e open to ratifi ation #y the De$#ers. 6. "his Convention shall in any ase re$ain in for e in its a tual for$ and ontent for those De$#ers whi h have ratified it #ut have not ratified the revising Convention.

Arti le 'A "he English and Kren h versions of the te2t of this Convention are e?ually authoritative. 111 D,s'r,m,&#t,%& @Em(+%:me&t #&* O''.(#t,%&A %&;e&t,%&, 1978 Convention on erning Dis ri$ination in ,espe t of E$ploy$ent and / upation (9ote8 Date of o$ing into for e8 '@8;B8'(B;.) Convention8C''' Pla e81eneva %ession of the Conferen e8A6 Date of adoption86@8;B8'(@) %u#5e t lassifi ation8 9on0dis ri$ination (E$ploy$ent and / upation) %u#5e t lassifi ation8 4o$en %u#5e t8 EE.#+,t: %4 O((%rt.&,t: #&* Tre#tme&t

"he 1eneral Conferen e of the +nternational La#our /rganisation! .aving #een onvened at 1eneva #y the 1overning Body of the +nternational La#our /ffi e! and having $et in its Korty0se ond %ession on A &une '(@)! and .aving de ided upon the adoption of ertain proposals with regard to dis ri$ination in the field of e$ploy$ent and o upation! whi h is the fourth ite$ on the agenda of the session! and .aving deter$ined that these proposals shall ta3e the for$ of an international Convention! and Considering that the De laration of Philadelphia affir$s that all hu$an #eings! irrespe tive of ra e! reed or se2! have the right to pursue #oth their $aterial well0#eing and their spiritual develop$ent in onditions of freedo$ and dignity! of e ono$i se urity and e?ual opportunity! and Considering further that dis ri$ination onstitutes a violation of rights enun iated #y the Universal De laration of .u$an ,ights! adopts this twenty0fifth day of &une of the year one thousand nine hundred and fifty0eight the following Convention! whi h $ay #e ited as the Dis ri$ination (E$ploy$ent and / upation) Convention! '(@)8 Arti le ' '. Kor the purpose of this Convention the ter$ discrimination in ludes00 (a) any distin tion! e2 lusion or preferen e $ade on the #asis of ra e! olour! se2! religion! politi al opinion! national e2tra tion or so ial origin! whi h has the effe t of nullifying or i$pairing e?uality of opportunity or treat$ent in e$ploy$ent or o upation< (#) su h other distin tion! e2 lusion or preferen e whi h has the effe t of nullifying or i$pairing e?uality of opportunity or treat$ent in e$ploy$ent or o upation as $ay #e deter$ined #y the De$#er on erned after onsultation with representative e$ployersU and wor3ersU organisations! where su h e2ist! and with other appropriate #odies. Du$an C La#or + C Prof. Battad C Page '6@

6. Any distin tion! e2 lusion or preferen e in respe t of a parti ular 5o# #ased on the inherent re?uire$ents thereof shall not #e dee$ed to #e dis ri$ination. >. Kor the purpose of this Convention the ter$s employment and occupation in lude a ess to vo ational training! a ess to e$ploy$ent and to parti ular o upations! and ter$s and onditions of e$ploy$ent. Arti le 6 Ea h De$#er for whi h this Convention is in for e underta3es to de lare and pursue a national poli y designed to pro$ote! #y $ethods appropriate to national onditions and pra ti e! e?uality of opportunity and treat$ent in respe t of e$ploy$ent and o upation! with a view to eli$inating any dis ri$ination in respe t thereof. Arti le > Ea h De$#er for whi h this Convention is in for e underta3es! #y $ethods appropriate to national onditions and pra ti e00 (a) to see3 the o0operation of e$ployersU and wor3ersU organisations and other appropriate #odies in pro$oting the a eptan e and o#servan e of this poli y< (#) to ena t su h legislation and to pro$ote su h edu ational progra$$es as $ay #e al ulated to se ure the a eptan e and o#servan e of the poli y< ( ) to repeal any statutory provisions and $odify any ad$inistrative instru tions or pra ti es whi h are in onsistent with the poli y< (d) to pursue the poli y in respe t of e$ploy$ent under the dire t ontrol of a national authority< (e) to ensure o#servan e of the poli y in the a tivities of vo ational guidan e! vo ational training and pla e$ent servi es under the dire tion of a national authority< (f) to indi ate in its annual reports on the appli ation of the Convention the a tion ta3en in pursuan e of the poli y and the results se ured #y su h a tion. Arti le A Any $easures affe ting an individual who is 5ustifia#ly suspe ted of! or engaged in! a tivities pre5udi ial to the se urity of the %tate shall not #e dee$ed to #e dis ri$ination! provided that the individual on erned shall have the right to appeal to a o$petent #ody esta#lished in a ordan e with national pra ti e. Arti le @ '. %pe ial $easures of prote tion or assistan e provided for in other Conventions or ,e o$$endations adopted #y the +nternational La#our Conferen e shall not #e dee$ed to #e dis ri$ination. 6. Any De$#er $ay! after onsultation with representative e$ployersU and wor3ersU

organisations! where su h e2ist! deter$ine that other spe ial $easures designed to $eet the parti ular re?uire$ents of persons who! for reasons su h as se2! age! disa#le$ent! fa$ily responsi#ilities or so ial or ultural status! are generally re ognised to re?uire spe ial prote tion or assistan e! shall not #e dee$ed to #e dis ri$ination. Arti le B Ea h De$#er whi h ratifies this Convention underta3es to apply it to non0$etropolitan territories in a ordan e with the provisions of the Constitution of the +nternational La#our /rganisation. Arti le * "he for$al ratifi ations of this Convention shall #e o$$uni ated to the Dire tor01eneral of the +nternational La#our /ffi e for registration. Arti le ) '. "his Convention shall #e #inding only upon those De$#ers of the +nternational La#our /rganisation whose ratifi ations have #een registered with the Dire tor01eneral. 6. +t shall o$e into for e twelve $onths after the date on whi h the ratifi ations of two De$#ers have #een registered with the Dire tor01eneral. >. "hereafter! this Convention shall o$e into for e for any De$#er twelve $onths after the date on whi h its ratifi ation has #een registered. Arti le ( '. A De$#er whi h has ratified this Convention $ay denoun e it after the e2piration of ten years fro$ the date on whi h the Convention first o$es into for e! #y an a t o$$uni ated to the Dire tor01eneral of the +nternational La#our /ffi e for registration. %u h denun iation shall not ta3e effe t until one year after the date on whi h it is registered. 6. Ea h De$#er whi h has ratified this Convention and whi h does not! within the year following the e2piration of the period of ten years $entioned in the pre eding paragraph! e2er ise the right of denun iation provided for in this Arti le! will #e #ound for another period of ten years and! thereafter! $ay denoun e this Convention at the e2piration of ea h period of ten years under the ter$s provided for in this Arti le. Arti le '; '. "he Dire tor01eneral of the +nternational La#our /ffi e shall notify all De$#ers of the +nternational La#our /rganisation of the registration of all ratifi ations and denun iations o$$uni ated to hi$ #y the De$#ers of the /rganisation. 6. 4hen notifying the De$#ers of the /rganisation of the registration of the se ond ratifi ation o$$uni ated to hi$! the Dire tor01eneral shall draw the attention of the De$#ers of the /rganisation to the date upon whi h the Convention will o$e into for e. Arti le '' Du$an C La#or + C Prof. Battad C Page '6B

"he Dire tor01eneral of the +nternational La#our /ffi e shall o$$uni ate to the %e retary01eneral of the United 9ations for registration in a ordan e with Arti le ';6 of the Charter of the United 9ations full parti ulars of all ratifi ations and a ts of denun iation registered #y hi$ in a ordan e with the provisions of the pre eding Arti les.

b.
Arti le '6 At su h ti$es as it $ay onsider ne essary the 1overning Body of the +nternational La#our /ffi e shall present to the 1eneral Conferen e a report on the wor3ing of this Convention and shall e2a$ine the desira#ility of pla ing on the agenda of the Conferen e the ?uestion of its revision in whole or in part. Arti le '> '. %hould the Conferen e adopt a new Convention revising this Convention in whole or in part! then! unless the new Convention otherwise provides8 a) the ratifi ation #y a De$#er of the new revising Convention shall ipso 5ure involve the i$$ediate denun iation of this Convention! notwithstanding the provisions of Arti le ( a#ove! if and when the new revising Convention shall have o$e into for e< #) as fro$ the date when the new revising Convention o$es into for e! this Convention shall ease to #e open to ratifi ation #y the De$#ers. 6. "his Convention shall in any ase re$ain in for e in its a tual for$ and ontent for those De$#ers whi h have ratified it #ut have not ratified the revising Convention. Arti le 'A "he English and Kren h versions of the te2t of this Convention are e?ually authoritative. a. E?uality8 E?uality Kor$al E?uality vs. %u#stantive

4o$en under the Constitution! Art. ++! %e . 'A< Art =+++! %e 'A Philippine Asso iation of %ervi e E2porters v. Drilon! 'B> %C,A >)B ('()))

Phil. "elegraph and "elephone Co. v. 9L,C! 6*6 %C,A @(B ('((*)

,eadings8

Bartlett! Qatharine! =ender 8a&! in Du3e &ournal of 1ender Law and Poli y ('((A) Formal E.ualit and Su"stanti#e E.ualit in the "e2t#oo3 on 1ender and the Law #y Angela .arris Baldoz! ,osalinda! :o" discrimination against &omen in the &or' en#ironment/ the Philippine setting, P8,, 9ol. 1>, (o. 2 ?1333@.

c.

Coverage! ,ule =++! %e . +

E$ploy$ent of 4o$en and Dinors %EC"+/9 '. 1eneral state$ent on overage. O "his ,ule shall apply to all e$ployers! whether operating for profit or not! in luding edu ational! religious and harita#le institutions! e2 ept to the 1overn$ent and to govern$ent0owned or ontrolled orporations and to e$ployers of household helpers and persons in their personal servi e insofar as su h wor3ers are on erned. Du$an C La#or + C Prof. Battad C Page '6*

d. ')

Prohi#ited A ts 9ight 4or3CE2 eption! Art. '>;0'>'

(a) Pay$ent of a lesser o$pensation! in luding wage! salary or other for$ of re$uneration and fringe #enefits! to a fe$ale e$ployees as against a $ale e$ployee! for wor3 of e?ual value< and (#) Kavoring a $ale e$ployee over a fe$ale e$ployee with respe t to pro$otion! training opportunities! study and s holarship grants solely on a ount of their se2es. Cri$inal lia#ility for the willful o$$ission of any unlawful a t as provided in this Arti le or any violation of the rules and regulations issued pursuant to %e tion 6 hereof shall #e penalized as provided in Arti les 6)) and 6)( of this Code8 Provided! "hat the institution of any ri$inal a tion under this provision shall not #ar the aggrieved e$ployee fro$ filing an entirely separate and distin t a tion for $oney lai$s! whi h $ay in lude lai$s for da$ages and other affir$ative reliefs. "he a tions here#y authorized shall pro eed independently of ea h other. (As a$ended #y ,epu#li A t 9o. B*6@! Day '6! '()().

A,". '>;. (ight&or' prohi"ition. 0 9o wo$an! regardless of age! shall #e e$ployed or per$itted or suffered to wor3! with or without o$pensation8 (a) +n any industrial underta3ing or #ran h thereof #etween ten oG lo 3 at night and si2 oG lo 3 in the $orning of the following day< or (#) +n any o$$er ial or non0industrial underta3ing or #ran h thereof! other than agri ultural! #etween $idnight and si2 oG lo 3 in the $orning of the following day< or ( ) +n any agri ultural underta3ing at nightti$e unless she is given a period of rest of not less than nine (() onse utive hours. A,". '>'. Exceptions. 0 "he prohi#itions pres ri#ed #y the pre eding Arti le shall not apply in any of the following ases8 (a) +n ases of a tual or i$pending e$ergen ies aused #y serious a ident! fire! flood! typhoon! earth?ua3e! epide$i or other disasters or ala$ity! to prevent loss of life or property! or in ases of force ma7eure or i$$inent danger to pu#li safety< (#) +n ase of urgent wor3 to #e perfor$ed on $a hineries! e?uip$ent or installation! to avoid serious loss whi h the e$ployer would otherwise suffer< ( ) 4here the wor3 is ne essary to prevent serious loss of perisha#le goods< (d) 4here the wo$an e$ployee holds a responsi#le position of $anagerial or te hni al nature! or where the wo$an e$ployee has #een engaged to provide health and welfare servi es< (e) 4here the nature of the wor3 re?uires the $anual s3ill and de2terity of wo$en wor3ers and the sa$e annot #e perfor$ed with e?ual effi ien y #y $ale wor3ers< (f) 4here the wo$en e$ployees are i$$ediate $e$#ers of the fa$ily operating the esta#lish$ent or underta3ing< and (g) Under other analogous ases e2e$pted #y the %e retary of La#or and E$ploy$ent in appropriate regulations.

13) %tipulation Against Darriage! Art. '>B


A,". '>B. Stipulation against marriage. 0 +t shall #e unlawful for an e$ployer to re?uire as a ondition of e$ploy$ent or ontinuation of e$ploy$ent that a wo$an e$ployee shall not get $arried! or to stipulate e2pressly or ta itly that upon getting $arried! a wo$an e$ployee shall #e dee$ed resigned or separated! or to a tually dis$iss! dis harge! dis ri$inate or otherwise pre5udi e a wo$an e$ployee $erely #y reason of her $arriage.

Dun an Asso iation of Detail$an M P"14/ v. 1la2o 4ell o$e Philippines! +n .! A>) %C,A >A> (6;;A)

2)

Dis ri$ination! Art. '>@

11) Dis

harge on A

ount of Pregnan y! Art. '>*

A,". '>@. %iscrimination prohi"ited. 0 +t shall #e unlawful for any e$ployer to dis ri$inate against any wo$an e$ployee with respe t to ter$s and onditions of e$ploy$ent solely on a ount of her se2. "he following are a ts of dis ri$ination8

A,". '>*. Prohi"ited acts. 0 (a) +t shall #e unlawful for any e$ployer8 (') "o deny any wo$an e$ployee the #enefits provided for in this Chapter or to dis harge any wo$an e$ployed #y hi$ for the purpose of preventing her fro$ en5oying any of the #enefits provided under this Code. Du$an C La#or + C Prof. Battad C Page '6)

(6) "o dis harge su h wo$an on a ount of her pregnan y! or while on leave or in onfine$ent due to her pregnan y< (>) "o dis harge or refuse the ad$ission of su h wo$an upon returning to her wor3 for fear that she $ay again #e pregnant.

ontri#utions in the twelve0$onth period i$$ediately pre eding the se$ester of her hild#irth or $is arriage shall #e paid a daily $aternity #enefit e?uivalent to one hundred per ent (';;P) of her average daily salary redit for si2ty (B;) days or seventy0eight (*)) days in ase of aesarian delivery! su#5e t to the following onditions8 W(a) "hat the e$ployee shall have notified her e$ployer of her pregnan y and the pro#a#le date of her hild#irth! whi h noti e shall #e trans$itted to the %%% in a ordan e with the rules and regulations it $ay provide< W(#) "he full pay$ent shall #e advan ed #y the e$ployer within thirty (>;) days fro$ the filing of the $aternity leave appli ation< W( ) "hat pay$ent of daily $aternity #enefits shall #e a #ar to the re overy of si 3ness #enefits provided #y this A t for the sa$e period for whi h daily $aternity #enefits have #een re eived< W(d) "hat the $aternity #enefits provided under this se tion shall #e paid only for the first four (A) deliveries or $is arriages< W(e) "hat the %%% shall i$$ediately rei$#urse the e$ployer of one hundred per ent (';;P) of the a$ount of $aternity #enefits advan ed to the e$ployee #y the e$ployer upon re eipt of satisfa tory proof of su h pay$ent and legality thereof< and W(f) "hat if an e$ployee $e$#er should give #irth or suffer $is arriage without the re?uired ontri#utions having #een re$itted for her #y her e$ployer to the %%%! or without the latter having #een previously notified #y the e$ployer of the ti$e of the pregnan y! the e$ployer shall pay to the %%% da$ages e?uivalent to the #enefits whi h said e$ployee $e$#er would otherwise have #een entitled to.

d.

Ka ilities! Art. '>6! '>A

A,". '>6. Facilities for &omen. 0 "he %e retary of La#or and E$ploy$ent shall esta#lish standards that will ensure the safety and health of wo$en e$ployees. +n appropriate ases! he shall! #y regulations! re?uire any e$ployer to8 (a) Provide seats proper for wo$en and per$it the$ to use su h seats when they are free fro$ wor3 and during wor3ing hours! provided they an perfor$ their duties in this position without detri$ent to effi ien y< (#) "o esta#lish separate toilet roo$s and lavatories for $en and wo$en and provide at least a dressing roo$ for wo$en< ( ) "o esta#lish a nursery in a wor3pla e for the #enefit of the wo$en e$ployees therein< and (d) "o deter$ine appropriate $ini$u$ age and other standards for retire$ent or ter$ination in spe ial o upations su h as those of flight attendants and the li3e. A,". '>A. Famil planning ser#ices< incenti#es for famil planning. 0 (a) Esta#lish$ents whi h are re?uired #y law to $aintain a lini or infir$ary shall provide free fa$ily planning servi es to their e$ployees whi h shall in lude! #ut not #e li$ited to! the appli ation or use of ontra eptive pills and intrauterine devi es. (#) +n oordination with other agen ies of the govern$ent engaged in the pro$otion of fa$ily planning! the Depart$ent of La#or and E$ploy$ent shall develop and pres ri#e in entive #onus s he$es to en ourage fa$ily planning a$ong fe$ale wor3ers in any esta#lish$ent or enterprise.

g.

%e2ual .arass$ent (,A *)**)

RE#",(IC ACT N!. 7877 AN ACT EC(ARIN) SEX"A( +ARASS$ENT "N(AA*"( IN T+E E$#(!D$ENT, E "ACATI!N !R TRAININ) EN@IR!N$ENT, AN *!R !T+ER #"R#!SES Be it enacted by the !enate and /ouse of Representatives of the hilippines in Congress assembled9 Section -. Title. % This Act shall be )nown as the MAnti-Se*ual 9arassment Act of -88/.M Sec. .. Declaration of Policy. % The State shall value the dignity of every individual, enhance the development of it human resources, guarantee full respect for human rights, and uphold the dignity of wor)ers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of se*ual harassment in the employment, education or training environment are hereby declared unlawful.
Du$an C La#or + C Prof. Battad C Page '6(

e.

%pe ial 4o$en 4or3ers! '>)

A,". '>). Classification of certain &omen &or'ers . 0 Any wo$an who is per$itted or suffered to wor3! with or without o$pensation! in any night lu#! o 3tail lounge! $assage lini ! #ar or si$ilar esta#lish$ents under the effe tive ontrol or supervision of the e$ployer for a su#stantial period of ti$e as deter$ined #y the %e retary of La#or and E$ploy$ent! shall #e onsidered as an e$ployee of su h esta#lish$ent for purposes of la#or and so ial legislation.

f.

Daternity Leave! %o ial %e urity Law of '((* (,A ''B'! as a$ended #y ,A )6)6)! %e . 'A0A! ,A )6)

W%EC. 'A0A. Maternit 8ea#e Benefit. ! A fe$ale $e$#er who has paid at least three (>) $onthly

Sec. 4. Aor), #ducation or Training-related Se*ual 9arassment 2efined. % Aor), education or training-related se*ual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a wor) or training or education environment, demands, requests or otherwise requires any se*ual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. ,a1 !n a wor)-related or employment environment, se*ual harassment is committed when; ,-1 The se*ual 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 se*ual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee< ,.1 The above acts would impair the employee?s rights or privileges under e*isting labor laws< or ,41 The above acts would result in an intimidating, hostile, or offensive environment for the employee. ,b1 !n an education or training environment, se*ual harassment is committed; ,-1 Against one who is under the care, custody or supervision of the offender< ,.1 Against one whose education, training, apprenticeship or tutorship is entrusted to the offender< ,41 Ahen the se*ual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations< or ,01 Ahen the se*ual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of se*ual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act. Sec.0. Duty of the )mployer or 5ead of &ffice in a %or-*related$ )ducation or Training )nvironment. % !t shall be the duty of the employer or the head of the wor)-related, educational or training environment or institution, to prevent or deter the commission of acts of se*ual harassment and to provide the procedures

for the resolution, settlement or prosecution of acts of se*ual harassment. Towards this end, the employer or head of office shall; ,a1 5romulgate appropriate rules and regulations in consultation with the jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation or se*ual harassment cases and the administrative sanctions therefor. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of se*ual harassment. The said rules and regulations issued pursuant to this section ,a1 shall include, among others, guidelines on proper decorum in the wor)place and educational or training institutions. ,c1 Create a committee on decorum and investigation of cases on se*ual harassment. The committee shall conduct meetings, as the case may be, with other officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of se*ual harassment. !t shall also conduct the investigation of the alleged cases constituting se*ual harassment. !n the case of a wor)-related environment, the committee shall be composed of at least one ,-1 representative each from the management, the union, if any, the employees from the supervisory ran), and from the ran) and file employees. !n the case of the educational or training institution, the committee shall be composed of at least one ,-1 representative from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case maybe. MThe employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned. Sec. /. Liability of the )mployer$ 5ead of &ffice$ )ducational or Training (nstitution. % The employer or head of office, educational training institution shall be solidarily liable for damage arising from the acts of se*ual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is ta)en thereon. Sec. 3. (ndependent Action for Damages. % +othing in this Act shall preclude the victim of wor), education or training-related se*ual harassment from instituting a separate and independent action for damages and other affirmative relief. Sec. 6. Penalties. % Any person who violates the provisions of this Act shall, upon conviction, be penali(ed by imprisonment of not less than one ,-1 month nor more than si* ,31 months, or a fine of not less than Ten thousand pesos ,5-7,7771 nor more
Du$an C La#or + C Prof. Battad C Page '>;

than Twenty thousand pesos ,5.7,7771, or both such fine and imprisonment at the discretion of the court. Any action arising from the violation of the provision of this Act shall prescribe in three ,41 years. Sec. >. +eparability Clause % !f any portion or provision of this Act is declared void and unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration. Sec.8. Repealing Clause. % All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec.-7. )ffectivity Clause. % This Act shall ta)e effect fifteen ,-/1 days after its complete publication in at least two ,.1 national newspaper of general circulation.
Li#res v. 9L,C! >;* %C,A B*@ ('((() ,enato %. 1at#onton v. 9L,C! et al.! A*( %C,A A'B (6;;B)

6.

Dinors

,eferen e8 Art.s '>(0'A;< /$ni#us ,ules! Boo3 +++! ,ule =++! %e s. 60>< %pe ial Prote tion of Children A t of 6;;> (,A *B';! as a$ended #y ,A (6>')< +L/ Convention 9o.')6 and +L/ ,e o$$endation 9o. '(; EDPL/TDE9" /K D+9/,% A,". '>(. Minimum emplo a"le age. 0 (a) 9o hild #elow fifteen ('@) years of age shall #e e$ployed! e2 ept when he wor3s dire tly under the sole responsi#ility of his parents or guardian! and his e$ploy$ent does not in any way interfere with his s hooling. (#) Any person #etween fifteen ('@) and eighteen (')) years of age $ay #e e$ployed for su h nu$#er of hours and su h periods of the day as deter$ined #y the %e retary of La#or and E$ploy$ent in appropriate regulations. ( ) "he foregoing provisions shall in no ase allow the e$ploy$ent of a person #elow eighteen (')) years of age in an underta3ing whi h is hazardous or deleterious in nature as deter$ined #y the %e retary of La#or and E$ploy$ent.

Philippine Aelous Auto$otive United Corp. v. 9L,C! >>'%C,A 6>* (6;;;)

Du$an C La#or + C Prof. Battad C Page '>'

A,". 'A;. Prohi"ition against child discrimination. 0 9o e$ployer shall dis ri$inate against any person in respe t to ter$s and onditions of e$ploy$ent on a ount of his age. %EC"+/9 6. E$ploya#le age. O Children #elow fifteen ('@) years of age $ay #e allowed to wor3 under the dire t responsi#ility of their parents or guardians in any non0hazardous underta3ing where the wor3 will not in any way interfere with their s hooling. +n su h ases! the hildren shall not #e onsidered as e$ployees of the e$ployers or their parents or guardians. %EC"+/9 >. Eligi#ility for e$ploy$ent. O Any person of either se2! #etween '@ and ') years of age! $ay #e e$ployed in any non0hazardous wor3. 9o e$ployer shall dis ri$inate against su h person in regard to ter$s and onditions of e$ploy$ent on a ount of his age. Kor purposes of this ,ule! a non0hazardous wor3 or underta3ing shall $ean any wor3 or a tivity in whi h the e$ployee is not e2posed to any ris3 whi h onstitutes an i$$inent danger to his safety and health. "he %e retary of La#or and E$ploy$ent shall fro$ ti$e to ti$e pu#lish a list of hazardous wor3 and a tivities in whi h persons ') years of age and #elow annot #e e$ployed.

provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, e*ploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, e*ploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. M!t shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. MThe best interests of children shall be the paramount consideration in all actions concerning them, whether underta)en by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of Cirst Call for Children as enunciated in the Bnited +ations Convention on the ights of the Child. #very effort shall be e*erted to promote the welfare of children and enhance their opportunities for a useful and happy life.M Section 2. Section -. of the same Act, as amended, is hereby further amended to read as follows; MSec. .. )mployment of Children - Children below fifteen ,-/1 years of age shall not be employed e*cept; M-1 Ahen a child wor)s directly under the sole responsibility of hisHher parents or legal guardian and where only members of hisHher family are employed; Provided$ ho#ever$ That hisHher employment neither endangers hisHher life, safety, health, and morals, nor impairs hisHher normal development; Provided$ further, That the parent or legal guardian shall provide the said child with the prescribed primary andHor secondary education< or M.1 Ahere a childJs employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential; Provided, That the employment contract is concluded by the childJs parents or legal guardian, with the e*press agreement of the child concerned, if possible, and the approval of the 2epartment of "abor and #mployment; Provided$ further, That the following requirements in all instances are strictly complied with; M,a1 The employer shall ensure the protection, health, safety, morals and normal development of the child< M,b1 The employer shall institute measures to prevent the childJs e*ploitation or discrimination ta)ing into account the system and level of remuneration, and the duration and arrangement of wor)ing time< and M,c1 The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and s)ills acquisition of the child.
Du$an C La#or + C Prof. Battad C Page '>6

Re1/57ic o' t0e #0i7i11ine& Con9re&& o' t0e #0i7i11ine& =etro =anila T2e7't0 Con9re&& T0ir3 Re9/74r Se&&ion

&egun and held in =etro =anila, on =onday, the twenty-eighth day of @uly, two thousand three. Re1/57ic Act No. 9231 ece65er 19, 2003

AN ACT #R!@I IN) *!R T+E E(I$INATI!N !* T+E A!RST *!R$S !* C+I( (A,!R AN A**!R IN) STR!N)ER #R!TECTI!N *!R T+E A!REIN) C+I( , A$EN IN) *!R T+IS #"R#!SE RE#",(IC ACTN!. 7610, AS A$EN E , !T+ERAISE EN!AN AS T+E FS#ECIA( #R!TECTI!N !* C+I( REN A)AINST C+I( A,"SE, EX#(!ITATI!N AN ISCRI$INATI!N ACTF .e it enacted by the +enate and the 5ouse of Representatives of the Philippines in Congress assembled; Section 1. Section . of epublic Act +o. 63-7, as amended, otherwise )nown as the MSpecial 5rotection of Children Against Child Abuse, #*ploitation and 2iscrimination ActM, is hereby amended to read as follows; MSec. .. Declaration of +tate Policy and Principles. - !t is hereby declared to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, e*ploitation and discrimination, and other conditions prejudicial to their development including child labor and its worst forms<

M!n the above-e*ceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a wor) permit from the 2epartment of "abor and #mployment which shall ensure observance of the above requirements. MCor purposes of this Article, the term MchildM shall apply to all persons under eighteen ,->1 years of age.M Section 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as Sections -.-A, -.-&, -.-C, and -.-2 to read as follows; MSec. .-A. 5ours of %or- of a %or-ing Child. - Bnder the e*ceptions provided in Section -. of this Act, as amended; M,-1 A child below fifteen ,-/1 years of age may be allowed to wor) for not more than twenty ,.71 hours a wee); Provided, That the wor) shall not be more than four ,01 hours at any given day< M,.1 A child fifteen ,-/1 years of age but below eighteen ,->1 shall not be allowed to wor) for more than eight ,>1 hours a day, and in no case beyond forty ,071 hours a wee)< M,41 +o child below fifteen ,-/1 years of age shall be allowed to wor) between eight oJcloc) in the evening and si* oJcloc) in the morning of the following day and no child fifteen ,-/1 years of age but below eighteen ,->1 shall be allowed to wor) between ten oJcloc) in the evening and si* oJcloc) in the morning of the following day.M MSec. -.-&. &#nership$ 3sage and Administration of the %or-ing Child=s (ncome. - The wages, salaries, earnings and other income of the wor)ing child shall belong to himHher in ownership and shall be set aside primarily for hisHher support, education or s)ills acquisition and secondarily to the collective needs of the family; Provided$ That not more than twenty percent ,.7K1 of the childJs income may be used for the collective needs of the family. MThe income of the wor)ing child andHor the property acquired through the wor) of the child shall be administered by both parents. !n the absence or incapacity of either of the parents, the other parent shall administer the same. !n case both parents are absent or incapacitated, the order of preference on parental authority as provided for under the Camily Code shall apply. MSec. -.-C. Trust 1und to Preserve Part of the %or-ing Child=s (ncome. * The parent or legal guardian of a wor)ing child below eighteen ,->1 years of age shall set up a trust fund for at least thirty percent ,47K1 of the earnings of the child whose wages and salaries from wor) and other income amount to at least two hundred thousand pesos ,5.77,777.771 annually, for which heHshe shall render a semi-annual accounting of the fund to the 2epartment of "abor and #mployment, in compliance with the provisions of this Act. The child shall have full

control over the trust fund upon reaching the age of majority. MSec. -.-2. Prohibition Against %orst 1orms of Child Labor. - +o child shall be engaged in the worst forms of child labor. The phrase Mworst forms of child laborM shall refer to any of the following; M,-1 All forms of slavery, as defined under the MAntitraffic)ing in 5ersons Act of .774M, or practices similar to slavery such as sale and traffic)ing of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict< or M,.1 The use, procuring, offering or e*posing of a child for prostitution, for the production of pornography or for pornographic performances< or M,41 The use, procuring or offering of a child for illegal or illicit activities, including the production and traffic)ing of dangerous drugs and volatile substances prohibited under e*isting laws< or M,01 Aor) which, by its nature or the circumstances in which it is carried out, is ha(ardous or li)ely to be harmful to the health, safety or morals of children, such that it; Ma1 2ebases, degrades or demeans the intrinsic worth and dignity of a child as a human being< or Mb1 #*poses the child to physical, emotional or se*ual abuse, or is found to be highly stressful psychologically or may prejudice morals< or Mc1 !s performed underground, underwater or at dangerous heights< or Md1 !nvolves the use of dangerous machinery, equipment and tools such as power-driven or e*plosive power-actuated tools< or Me1 #*poses 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< or Mf1 !s performed in an unhealthy environment e*posing the child to ha(ardous wor)ing conditions, elements, substances, co-agents or processes involving ioni(ing, radiation, fire, flammable substances, no*ious components and the li)e, or to e*treme temperatures, noise levels, or vibrations< or Mg1 !s performed under particularly difficult conditions< or Mh1 #*poses the child to biological agents such as bacteria, fungi, viruses, proto(oans, nematodes and other parasites< or Mi1 !nvolves the manufacture or handling of e*plosives and other pyrotechnic products.M

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Section 4. Section -4 of the same Act is hereby amended to read as follows; MSec. -4. Access to )ducation and Training for %or-ing Children - Ma1 +o child shall be deprived of formal or non-formal education. !n all cases of employment allowed in this Act, the employer shall provide a wor)ing child with access to at least primary and secondary education. Mb1 To ensure and guarantee the access of the wor)ing child to education and training, the 2epartment of #ducation ,2#5#21 shall; ,-1 formulate, promulgate, and implement relevant and effective course designs and educational programs< ,.1 conduct the necessary training for the implementation of the appropriate curriculum for the purpose< ,41 ensure the availability of the needed educational facilities and materials< and ,01 conduct continuing research and development program for the necessary and relevant alternative education of the wor)ing child. Mc1 The 2#5#2 shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of wor)ing children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances.M Section 5. Section -0 of the same Act is hereby amended to read as follows; MSec. -0. Prohibition on the )mployment of Children in Certain Advertisements. - +o child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, into*icating drin)s, tobacco and its byproducts, gambling or any form of violence or pornography.M Section 6. Section -3 of the same Act, is hereby amended to read as follows; MSec. -3. Penal Provisions * Ma1 Any employer who violates Sections -., -.-A, and Section -0 of this act, as amended, shall be penali(ed by imprisonment of si* ,31 months and one ,-1 day to si* ,31 years or a fine of not less than Cifty thousand pesos ,5/7,777.771 but not more than Three hundred thousand pesos ,5477,777.771 or both at the discretion of the court. Mb1 Any person who violates the provision of Section -.-2 of this act or the employer of the subcontractor who employs, or the one who facilitates the employment of a child in ha(ardous wor), shall suffer the penalty of a fine of not less than 'ne hundred thousand pesos ,5-77,777.771 but not more than 'ne million pesos ,5-,777,777.771, or imprisonment of not less than twelve ,-.1 years and one ,-1 day to twenty ,.71 years, or both such fine and imprisonment at the discretion of the court. Mc1 Any person who violates Sections -.-2,-1 and -.2,.1 shall be prosecuted and penali(ed in accordance

with the penalty provided for by . A. 8.7> otherwise )nown as the MAnti-traffic)ing in 5ersons Act of .774M; Provided$ That Such penalty shall be imposed in its ma*imum period. Md1 Any person who violates Section -.-2 ,41 shall be prosecuted and penali(ed in accordance with .A. 8-3/, otherwise )nown as the MComprehensive 2angerous 2rugs Act of .77.M< Provided, That such penalty shall be imposed in its ma*imum period. Me1 !f a corporation commits any of the violations aforecited, the board of directorsHtrustees and officers, which include the president, treasurer and secretary of the said corporation who participated in or )nowingly allowed the violation, shall be penali(ed accordingly as provided for under this Section. Mf1 5arents, biological or by legal fiction, and legal guardians found to be violating Sections -., -.-A, -.& and -.-C of this Act shall pay a fine of not less than Ten thousand pesos ,5-7,777.771 but not more than 'ne hundred thousand pesos ,5-77,777.771, or be required to render community service for not less than thirty ,471 days but not more than one ,-1 year, or both such fine and community service at the discretion of the court; Provided$ That the ma*imum length of community service shall be imposed on parents or legal guardians who have violated the provisions of this Act three ,41 times< Provided$ further, That in addition to the community service, the penalty of imprisonment of thirty ,471 days but not more than one ,-1 year or both at the discretion of the court, shall be imposed on the parents or legal guardians who have violated the provisions of this Act more than three ,41 times. Mg1 The Secretary, of "abor and #mployment or hisHher duly authori(ed representative may, after due notice and hearing, order the closure of any business firm or establishment found to have violated any of the provisions of this Act more than three ,41 times. 9eHshe shall li)ewise order the immediate closure of such firm or establishment if; M,-1 The violation of any provision of this Act has resulted in the death, insanity or serious physical injury of a child employed in such establishment< or M,.1 Such firm or establishment is engaged or employed in prostitution or in obscene or lewd shows. Mh1 !n case of such closure, the employer shall be required to pay the employee,s1 the separation pay and other monetary benefits provided for by law.M Section 7. The same Act is hereby further amended by adding a new section to be denominated as Section -3-A, to read as follows; MSec. -3-A. Trust 1und from 1ines and Penalties * The fine imposed by the court shall be treated as a Trust Cund, administered by the 2epartment of "abor and #mployment and disbursed e*clusively for the needs, including the costs of rehabilitation and reintegration into the mainstream of society of the wor)ing children who are victims of the violations of
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this Act, and for the programs and projects that will prevent acts of child labor.M Section 8. Section .6 of the same Act is hereby amended to read as follows; MSec. .6. %ho 'ay 1ile a Complaint - Complaints on cases of unlawful acts committed against children as enumerated herein may be filed by the following; M,a1 'ffended party< M,b1 5arents or guardians< M,c1 Ascendant or collateral relative within the third degree of consanguinity< M,d1 'fficer, social wor)er or representative of a licensed child-caring institution< M,e1 'fficer or social wor)er of the 2epartment of Social Aelfare and 2evelopment< M,f1 &arangay chairman of the place where the violation occurred, where the child is residing or employed< or M,g1 At least three ,41 concerned, responsible citi(ens where the violation occurred.M Section 9. The same Act is hereby further amended by adding new sections to Section -3 to be denominated as Sections -3-A, -3-& and -3-C to read as follows; MSec. -3-A. !urisdiction - The family courts shall have original jurisdiction over all cases involving offenses punishable under this Act; Provided$ That in cities or provinces where there are no family courts yet, the regional trial courts and the municipal trial courts shall have concurrent jurisdiction depending on the penalties prescribed for the offense charged. MThe preliminary investigation of cases filed under this Act shall be terminated within a period of thirty ,471 days from the date of filing. M!f the preliminary investigation establishes a prima facie case, then the corresponding information shall be filed in court within forty eight ,0>1 hours from the termination of the investigation. MTrial of cases under this Act shall be terminated by the court not later than ninety ,871 days from the date of filing of information. 2ecision on said cases shall be rendered within a period of fifteen ,-/1 days from the date of submission of the case. MSec. -/. )4emptions from 1iling 1ees. - Ahen the victim of child labor institutes a separate civil action for the recovery of civil damages, heHshe shall be e*empt from payment of filing fees. MSec. -3-C. Access to (mmediate Legal$ 'edical and Psycho*+ocial +ervices - The wor)ing child shall have

the right to free legal, medical and psycho-social services to be provided by the State.M Section 10. (mplementing Rules and Regulations The Secretary of "abor and #mployment, in coordination with the Committees on "abor and #mployment of both 9ouses of Congress, shall issue the necessary !mplementing ules and egulations ,! 1 to effectively implement the provisions of this Act, in consultation with concerned public and private sectors, within si*ty ,371 days from the effectivity of this Act. Such rules and regulations shall ta)e effect upon their publication in two ,.1 national newspapers of general circulation. Section 11. +eparability Clause. - !f any provision of this Act is declared invalid or unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect. Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 13. )ffectivity. - This Act shall ta)e effect fifteen ,-/1 days from the date of its complete publication in the &fficial a/ette or in at least two ,.1 national newspapers of general circulation. C182 Aor&t *or6& o' C0i73 (45o/r Con.ention, 1999 Convention concerning the 5rohibition and !mmediate Action for the #limination of the Aorst Corms of Child "abour ,+ote; 2ate of coming into force; -8;--;.7771 Convention;C->. 5lace;:eneva Session of the Conference;>6 2ate of adoption;-6;73;-888 Subject classification; #limination of Child "abour Subject classification; Children and Ioung 5ersons Subject; E7i6in4tion o' C0i73 (45o/r 4n3 #rotection o' C0i73ren 4n3 Do/n9 #er&on&

The :eneral Conference of the !nternational "abour 'rgani(ation, 9aving been convened at :eneva by the :overning &ody of the !nternational "abour 'ffice, and having met in its >6th Session on - @une -888, and Considering the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour, as the main priority for national and international action, including international cooperation and assistance, to complement the Convention and the ecommendation concerning =inimum Age for Admission to #mployment, -864, which remain fundamental instruments on child labour, and Considering that the effective elimination of the worst forms of child labour requires immediate and comprehensive action, ta)ing into account the
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importance of free basic education and the need to remove the children concerned from all such wor) and to provide for their rehabilitation and social integration while addressing the needs of their families, and ecalling the resolution concerning the elimination of child labour adopted by the !nternational "abour Conference at its >4rd Session in -883, and ecogni(ing that child labour is to a great e*tent caused by poverty and that the long-term solution lies in sustained economic growth leading to social progress, in particular poverty alleviation and universal education, and ecalling the Convention on the ights of the Child adopted by the Bnited +ations :eneral Assembly on .7 +ovember -8>8, and ecalling the !"' 2eclaration on Cundamental 5rinciples and ights at Aor) and its Collow-up, adopted by the !nternational "abour Conference at its >3th Session in -88>, and ecalling that some of the worst forms of child labour are covered by other international instruments, in particular the Corced "abour Convention, -847, and the Bnited +ations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and !nstitutions and 5ractices Similar to Slavery, -8/3, and 9aving decided upon the adoption of certain proposals with regard to child labour, which is the fourth item on the agenda of the session, and 9aving determined that these proposals shall ta)e the form of an international Convention< adopts this seventeenth day of @une of the year one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Aorst Corms of Child "abour Convention, -888. Article #ach =ember which ratifies this Convention shall ta)e immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Article . Cor the purposes of this Convention, the term child shall apply to all persons under the age of ->. Article 4 Cor the purposes of this Convention, the term the $orst forms of child labour comprises; ,a1 all forms of slavery or practices similar to slavery, such as the sale and traffic)ing of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict<

,b1 the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances< ,c1 the use, procuring or offering of a child for illicit activities, in particular for the production and traffic)ing of drugs as defined in the relevant international treaties< ,d1 wor) which, by its nature or the circumstances in which it is carried out, is li)ely to harm the health, safety or morals of children. Article 0 -. The types of wor) referred to under Article 4,d1 shall be determined by national laws or regulations or by the competent authority, after consultation with the organi(ations of employers and wor)ers concerned, ta)ing into consideration relevant international standards, in particular 5aragraphs 4 and 0 of the Aorst Corms of Child "abour ecommendation, -888. .. The competent authority, after consultation with the organi(ations of employers and wor)ers concerned, shall identify where the types of wor) so determined e*ist. 4. The list of the types of wor) determined under paragraph - of this Article shall be periodically e*amined and revised as necessary, in consultation with the organi(ations of employers and wor)ers concerned. Article / #ach =ember shall, after consultation with employersJ and wor)ersJ organi(ations, establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to this Convention. Article 3 -. #ach =ember shall design and implement programmes of action to eliminate as a priority the worst forms of child labour. .. Such programmes of action shall be designed and implemented in consultation with relevant government institutions and employersJ and wor)ersJ organi(ations, ta)ing into consideration the views of other concerned groups as appropriate. Article 6 -. #ach =ember shall ta)e all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention including the provision and application of penal sanctions or, as appropriate, other sanctions. .. #ach =ember shall, ta)ing into account the importance of education in eliminating child labour, ta)e effective and time-bound measures to;

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,a1 prevent the engagement of children in the worst forms of child labour< ,b1 provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration< ,c1 ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour< ,d1 identify and reach out to children at special ris)< and ,e1 ta)e account of the special situation of girls. 4. #ach =ember shall designate the competent authority responsible for the implementation of the provisions giving effect to this Convention. Article > =embers shall ta)e appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation andHor assistance including support for social and economic development, poverty eradication programmes and universal education. Article 8 The formal ratifications of this Convention shall be communicated to the 2irector-:eneral of the !nternational "abour 'ffice for registration. Article -7 -. This Convention shall be binding only upon those =embers of the !nternational "abour 'rgani(ation whose ratifications have been registered with the 2irector-:eneral of the !nternational "abour 'ffice. .. !t shall come into force -. months after the date on which the ratifications of two =embers have been registered with the 2irector-:eneral. 4. Thereafter, this Convention shall come into force for any =ember -. months after the date on which its ratification has been registered. Article --. A =ember which has ratified this Convention may denounce it after the e*piration of ten years from the date on which the Convention first comes into force, by an act communicated to the 2irector-:eneral of the !nternational "abour 'ffice for registration. Such denunciation shall not ta)e effect until one year after the date on which it is registered. .. #ach =ember which has ratified this Convention and which does not, within the year following the e*piration of the period of ten years mentioned in the preceding paragraph, e*ercise the right of

denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the e*piration of each period of ten years under the terms provided for in this Article. Article -. -. The 2irector-:eneral of the !nternational "abour 'ffice shall notify all =embers of the !nternational "abour 'rgani(ation of the registration of all ratifications and acts of denunciation communicated by the =embers of the 'rgani(ation. .. Ahen notifying the =embers of the 'rgani(ation of the registration of the second ratification, the 2irector:eneral shall draw the attention of the =embers of the 'rgani(ation to the date upon which the Convention shall come into force. Article -4 The 2irector-:eneral of the !nternational "abour 'ffice shall communicate to the Secretary-:eneral of the Bnited +ations, for registration in accordance with article -7. of the Charter of the Bnited +ations, full particulars of all ratifications and acts of denunciation registered by the 2irector-:eneral in accordance with the provisions of the preceding Articles. Article -0 At such times as it may consider necessary, the :overning &ody of the !nternational "abour 'ffice shall present to the :eneral Conference a report on the wor)ing of this Convention and shall e*amine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. Article -/ -. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides -,a1 the ratification by a =ember of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article -- above, if and when the new revising Convention shall have come into force< ,b1 as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the =embers. .. This Convention shall in any case remain in force in its actual form and content for those =embers which have ratified it but have not ratified the revising Convention. Article -3 The #nglish and Crench versions of the te*t of this Convention are equally authoritative.

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R190 Aor&t *or6& o' C0i73 (45o/r Reco66en34tion, 1999 ecommendation concerning the prohibition and immediate action for the elimination of the worst forms of child labour 5lace;:eneva Session of the Conference;>6 2ate of adoption;-6;73;-888 Subject classification; #limination of Child "abour Subject classification; Children and Ioung 5ersons Subject; E7i6in4tion o' C0i73 (45o/r 4n3 #rotection o' C0i73ren 4n3 Do/n9 #er&on&

,c1 giving special attention to; ,i1 younger children< ,ii1 the girl child< ,iii1 the problem of hidden wor) situations, in which girls are at special ris)< ,iv1 other groups of children with special vulnerabilities or needs< ,d1 identifying, reaching out to and wor)ing with communities where children are at special ris)<

The :eneral Conference of the !nternational "abour 'rgani(ation, 9aving been convened at :eneva by the :overning &ody of the !nternational "abour 'ffice, and having met in its #ighty-seventh Session on - @une -888, and 9aving adopted the Aorst Corms of Child "abour Convention, -888, and 9aving decided upon the adoption of certain proposals with regard to child labour, which is the fourth item on the agenda of the session, and 9aving determined that these proposals shall ta)e the form of a ecommendation supplementing the Aorst Corms of Child "abour Convention, -888< adopts this seventeenth day of @une of the year one thousand nine hundred and ninety-nine the following ecommendation, which may be cited as the Aorst Corms of Child "abour ecommendation, -888. -. The provisions of this ecommendation supplement those of the Aorst Corms of Child "abour Convention, -888 ,hereafter referred to as Mthe ConventionM1, and should be applied in conjunction with them. !. 5rogrammes of action .. The programmes of action referred to in Article 3 of the Convention should be designed and implemented as a matter of urgency, in consultation with relevant government institutions and employersJ and wor)ersJ organi(ations, ta)ing into consideration the views of the children directly affected by the worst forms of child labour, their families and, as appropriate, other concerned groups committed to the aims of the Convention and this ecommendation. Such programmes should aim at, inter alia; ,a1 identifying and denouncing the worst forms of child labour< ,b1 preventing the engagement of children in or removing them from the worst forms of child labour, protecting them from reprisals and providing for their rehabilitation and social integration through measures which address their educational, physical and psychological needs<

,e1 informing, sensiti(ing and mobili(ing public opinion and concerned groups, including children and their families. !!. 9a(ardous wor) 4. !n determining the types of wor) referred to under Article 4,d1 of the Convention, and in identifying where they e*ist, consideration should be given, inter alia, to; ,a1 wor) which e*poses children to physical, psychological or se*ual abuse< ,b1 wor) underground, under water, at dangerous heights or in confined spaces< ,c1 wor) with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads< ,d1 wor) in an unhealthy environment which may, for e*ample, e*pose children to ha(ardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health< ,e1 wor) under particularly difficult conditions such as wor) for long hours or during the night or wor) where the child is unreasonably confined to the premises of the employer. 0. Cor the types of wor) referred to under Article 4,d1 of the Convention and 5aragraph 4 above, national laws or regulations or the competent authority could, after consultation with the wor)ersJ and employersJ organi(ations concerned, authori(e employment or wor) as from the age of -3 on condition that the health, safety and morals of the children concerned are fully protected, and that the children have received adequate specific instruction or vocational training in the relevant branch of activity. !!!. !mplementation /. ,-1 2etailed information and statistical data on the nature and e*tent of child labour should be compiled and )ept up to date to serve as a basis for determining priorities for national action for the abolition of child labour, in particular for the prohibition and elimination of its worst forms as a matter of urgency.
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,.1 As far as possible, such information and statistical data should include data disaggregated by se*, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location. The importance of an effective system of birth registration, including the issuing of birth certificates, should be ta)en into account. ,41 elevant data concerning violations of national provisions for the prohibition and elimination of the worst forms of child labour should be compiled and )ept up to date. 3. The compilation and processing of the information and data referred to in 5aragraph / above should be carried out with due regard for the right to privacy. 6. The information compiled under 5aragraph / above should be communicated to the !nternational "abour 'ffice on a regular basis. >. =embers should establish or designate appropriate national mechanisms to monitor the implementation of national provisions for the prohibition and elimination of the worst forms of child labour, after consultation with employersJ and wor)ersJ organi(ations. 8. =embers should ensure that the competent authorities which have responsibilities for implementing national provisions for the prohibition and elimination of the worst forms of child labour cooperate with each other and coordinate their activities. -7. +ational laws or regulations or the competent authority should determine the persons to be held responsible in the event of non-compliance with national provisions for the prohibition and elimination of the worst forms of child labour. --. =embers should, in so far as it is compatible with national law, cooperate with international efforts aimed at the prohibition and elimination of the worst forms of child labour as a matter of urgency by; ,a1 gathering and e*changing information concerning criminal offences, including those involving international networ)s< ,b1 detecting and prosecuting those involved in the sale and traffic)ing of children, or in the use, procuring or offering of children for illicit activities, for prostitution, for the production of pornography or for pornographic performances< ,c1 registering perpetrators of such offences. -.. =embers should provide that the following worst forms of child labour are criminal offences; ,a1 all forms of slavery or practices similar to slavery, such as the sale and traffic)ing of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict<

,b1 the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances< and ,c1 the use, procuring or offering of a child for illicit activities, in particular for the production and traffic)ing of drugs as defined in the relevant international treaties, or for activities which involve the unlawful carrying or use of firearms or other weapons. -4. =embers should ensure that penalties including, where appropriate, criminal penalties are applied for violations of the national provisions for the prohibition and elimination of any type of wor) referred to in Article 4,d1 of the Convention. -0. =embers should also provide as a matter of urgency for other criminal, civil or administrative remedies, where appropriate, to ensure the effective enforcement of national provisions for the prohibition and elimination of the worst forms of child labour, such as special supervision of enterprises which have used the worst forms of child labour, and, in cases of persistent violation, consideration of temporary or permanent revo)ing of permits to operate. -/. 'ther measures aimed at the prohibition and elimination of the worst forms of child labour might include the following; ,a1 informing, sensiti(ing and mobili(ing the general public, including national and local political leaders, parliamentarians and the judiciary< ,b1 involving and training employersJ and wor)ersJ organi(ations and civic organi(ations< ,c1 providing appropriate training for the government officials concerned, especially inspectors and law enforcement officials, and for other relevant professionals< ,d1 providing for the prosecution in their own country of the =emberJs nationals who commit offences under its national provisions for the prohibition and immediate elimination of the worst forms of child labour even when these offences are committed in another country< ,e1 simplifying legal and administrative procedures and ensuring that they are appropriate and prompt< ,f1 encouraging the development of policies by underta)ings to promote the aims of the Convention< ,g1 monitoring and giving publicity to best practices on the elimination of child labour< ,h1 giving publicity to legal or other provisions on child labour in the different languages or dialects< ,i1 establishing special complaints procedures and ma)ing provisions to protect from discrimination and reprisals those who legitimately e*pose violations of the provisions of the Convention, as well as establishing helplines or points of contact and ombudspersons<
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,j1 adopting appropriate measures to improve the educational infrastructure and the training of teachers to meet the needs of boys and girls< ,)1 as far as possible, ta)ing into account in national programmes of action; ,i1 the need for job creation and vocational training for the parents and adults in the families of children wor)ing in the conditions covered by the Convention< and ,ii1 the need for sensiti(ing parents to the problem of children wor)ing in such conditions. -3. #nhanced international cooperation andHor assistance among =embers for the prohibition and effective elimination of the worst forms of child labour should complement national efforts and may, as appropriate, be developed and implemented in consultation with employersJ and wor)ersJ organi(ations. Such international cooperation andHor assistance should include; ,a1 mobili(ing resources for national or international programmes< ,b1 mutual legal assistance< ,c1 technical assistance including the e*change of information< ,d1 support for social and economic development, poverty eradication programmes and universal education.

however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development; 5rovided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary andHor secondary education< or ,.1 Ahen a childJs employment or participation in public R entertainment or information through cinema, theater, radio or television is essential; 5rovided, The employment contract concluded by the childJs parent or guardian, with the e*press agreement of the child concerned, if possible, and the approval of the 2epartment of "abor and #mployment; 5rovided, That the following requirements in all instances are strictly complied with; ,a1 The employer shall ensure the protection, health, safety and morals of the child< ,b1 the employer shall institute measures to prevent the childJs e*ploitation or discrimination ta)ing into account the system and level of remuneration, and the duration and arrangement of wor)ing time< and< ,c1 The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and s)ill acquisition of the child. !n the above e*ceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a wor) permit from the 2epartment of "abor and #mployment which shall ensure observance of the above requirement. The 2epartment of "abor #mployment shall promulgate rules and regulations necessary for the effective implementation of this Section. Section 13. Non*formal )ducation for %or-ing Children. - The 2epartment of #ducation, Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of wor)ing children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances. Section 14. Prohibition on the )mployment of Children in Certain Advertisements. - +o person shall employ child models in all commercials or advertisements promoting alcoholic beverages, into*icating drin)s, tobacco and its byproducts and violence. Section 15. Duty of )mployer. - #very employer shall comply with the duties provided for in Articles -7> and -78 of 5residential 2ecree +o. 374. Section 16. Penalties. - Any person who shall violate any provision of this Article shall suffer the penalty of
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a.

Dinors under the Constitution! Art. ++! %e . '>

Section 13. The State recogni(es the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. !t shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

b.

Coverage! ,A (6>'! %e . 6! par. > on %e . '6< Boo3 +++! ,ule =++! %e . ' (%ee A#ove)

c.

E$ploy$ent of Children! Art. '>(< ,A *B';! %e . '60'B< DOLE 1em% ,r'.+#r N%" 2, S 1998 ReF ?#G#r*%.s #&* N%&-?#G#r*%.s Est#$+,s0me&ts

,A *B';

ARTIC(E @III Aor8in9 C0i73ren Section 12. )mployment of Children. - Children below fifteen ,-/1 years of age may be employed e*cept; ,-1 Ahen a child wor)s directly under the sole responsibility of his parents or legal guardian and where only members of the employerJs family are employed; 5rovided,

a fine of not less than 'ne thousand pesos ,5-,7771 but not more than Ten thousand pesos ,5-7,7771 or imprisonment of not less than three ,41 months but not more than three ,41 years, or both at the discretion of the court< 5rovided, That, in case of repeated violations of the provisions of this Article, the offenderJs license to operate shall be revo)ed.

A,". 'A>. Minimum &age. 0 (a) .ousehelpers shall #e paid the following $ini$u$ wage rates8 (') Eight hundred pesos (P);;.;;) a $onth for househelpers in Danila! Luezon! Pasay! and Caloo an ities and $uni ipalities of Da3ati! %an &uan! Dandaluyong! Duntinlupa! 9avotas! Dala#on! ParaSa?ue! Las PiSas! Pasig! Dari3ina! :alenzuela! "aguig and Pateros in Detro Danila and in highly ur#anized ities< (6) %i2 hundred fifty pesos (PB@;.;;) a $onth for those in other hartered ities and first0 lass $uni ipalities< and (>) Kive hundred fifty pesos (P@@;.;;) a $onth for those in other $uni ipalities.

d. e.

.ours of 4or3! ,A (6>'! %e . > on %e . '60a Prohi#itions Against 4orst Kor$s of Child La#or! %e . > on %e . '60d< %e @ on se . 'A

f. g.

Dis ri$ination! Art. 'A; &urisdi tion! %e . ( on %e . 'B0A

Provided! "hat the e$ployers shall review the e$ploy$ent ontra ts of their househelpers every three (>) years with the end in view of i$proving the ter$s and onditions thereof. Provided! further! "hat those househelpers who are re eiving at least /ne thousand pesos (P'!;;;.;;) shall #e overed #y the %o ial %e urity %yste$ (%%%) and #e entitled to all the #enefits provided thereunder. (As a$ended #y ,epu#li A t 9o. *B@@! August '(! '((>). A,". 'AA. Minimum cash &age. 0 "he $ini$u$ wage rates pres ri#ed under this Chapter shall #e the #asi ash wages whi h shall #e paid to the househelpers in addition to lodging! food and $edi al attendan e. A,". 'A@. Assignment to non!household &or'. 0 9o househelper shall #e assigned to wor3 in a o$$er ial! industrial or agri ultural enterprise at a wage or salary rate lower than that provided for agri ultural or non0agri ultural wor3ers as pres ri#ed herein. A,". 'AB. *pportunit for education. 0 +f the househelper is under the age of eighteen (')) years! the e$ployer shall give hi$ or her an opportunity for at least ele$entary edu ation. "he ost of edu ation shall #e part of the househelperGs o$pensation! unless there is a stipulation to the ontrary.

,eading8 Del ,osario and Bonga! Issues and =aps =o#erning Child La#or! in Child La#or in the Philippines! A ,eview of %ele ted %tudies and Poli y Papers! pp. '*)0')> (6;;;).

>.

.ousehelpersCCaregivers Arts. 'A'0'@6< /$ni#us ,ules! Boo3 +++!

,eferen e8 ,ule =+++

A,". 'A*. 4reatment of househelpers. 0 "he e$ployer shall treat the househelper in a 5ust and hu$ane $anner. +n no ase shall physi al violen e #e used upon the househelper. A,". 'A). Board, lodging, and medical attendance. 0 "he e$ployer shall furnish the househelper! free of harge! suita#le and sanitary living ?uarters as well as ade?uate food and $edi al attendan e. A,". 'A(. Indemnit for un7ust termination of ser#ices. 0 +f the period of household servi e is fi2ed! neither the e$ployer nor the househelper $ay ter$inate the ontra t #efore the e2piration of the ter$! e2 ept for a 5ust ause. +f the househelper is un5ustly dis$issed! he or she shall #e paid the o$pensation already earned plus that for fifteen ('@) days #y way of inde$nity. +f the househelper leaves without 5ustifia#le reason! he or she shall forfeit any unpaid salary due hi$ or her not e2 eeding fifteen ('@) days.

Chapter +++ EDPL/TDE9" /K ./U%E.ELPE,% A,". 'A'. Co#erage. 0 "his Chapter shall apply to all persons rendering servi es in households for o$pensation. $%omestic or household ser#ice$ shall $ean servi e in the e$ployerGs ho$e whi h is usually ne essary or desira#le for the $aintenan e and en5oy$ent thereof and in ludes $inistering to the personal o$fort and onvenien e of the $e$#ers of the e$ployerGs household! in luding servi es of fa$ily drivers. A,". 'A6. Contract of domestic ser#ice. 0 "he original ontra t of do$esti servi e shall not last for $ore than two (6) years #ut it $ay #e renewed for su h periods as $ay #e agreed upon #y the parties.

Du$an C La#or + C Prof. Battad C Page 'A'

A,". '@;. Ser#ice of termination notice. 0 +f the duration of the household servi e is not deter$ined either in stipulation or #y the nature of the servi e! the e$ployer or the househelper $ay give noti e to put an end to the relationship five (@) days #efore the intended ter$ination of the servi e. A,". '@'. Emplo ment certification. 0 Upon the severan e of the household servi e relation! the e$ployer shall give the househelper a written state$ent of the nature and duration of the servi e and his or her effi ien y and ondu t as househelper. A,". '@6. Emplo ment record. 0 "he e$ployer $ay 3eep su h re ords as he $ay dee$ ne essary to refle t the a tual ter$s and onditions of e$ploy$ent of his househelper! whi h the latter shall authenti ate #y signature or thu$#$ar3 upon re?uest of the e$ployer.

(#) Korty0five pesos (PA@.;;) a $onth for those e$ployed in other hartered ities and first lass $uni ipalities< and ( ) "hirty pesos (P>;.;;) a $onth for those in other $uni ipalities. %EC"+/9 B. E?uivalent daily rate. O "he e?uivalent $ini$u$ daily wage rate of househelpers shall #e deter$ined #y dividing the appli a#le $ini$u$ $onthly rate #y thirty (>;) days. %EC"+/9 *. Pay$ent #y results. O 4here the $ethod of pay$ent of wages agreed upon #y the e$ployer and the househelper is #y pie e or output #asis! the pie e or output rates shall #e su h as will assure the househelper of the $ini$u$ $onthly or the e?uivalent daily rate as provided in this issuan e. %EC"+/9 ). Dini$u$ ash wage. O "he $ini$u$ wage rates pres ri#ed under this ,ule shall #e #asi ash wages whi h shall #e paid to the househelpers in addition to lodging! food and $edi al attendan e. %EC"+/9 (. "i$e and $anner of pay$ent. O 4ages shall #e paid dire tly to the househelper to who$ they are due at least on e a $onth. 9o dedu tions therefro$ shall #e $ade #y the e$ployer unless authorized #y the househelper hi$self or #y e2isting laws. %EC"+/9 ';. Assign$ent to non0household wor3. O 9o househelper shall #e assigned to wor3 in a o$$er ial! industrial or agri ultural enterprise at a wage or salary rate lower than that provided for agri ultural and non0agri ultural wor3ers. %EC"+/9 ''. /pportunity for edu ation. O +f the househelper is under the age of eighteen (')) years! the e$ployer shall give hi$ or her an opportunity for at least ele$entary edu ation. "he ost of su h edu ation shall #e part of the househelperUs o$pensation! unless there is a stipulation to the ontrary. %EC"+/9 '6. "reat$ent of househelpers. O "he e$ployer shall treat the househelper in a 5ust and hu$ane $anner. +n no ase shall physi al violen e #e infli ted upon the househelper. %EC"+/9 '>. Board! lodging and $edi al attendan e. O "he e$ployer shall furnish the househelper free suita#le and sanitary living ?uarters as well as ade?uate food and $edi al attendan e. %EC"+/9 'A. +nde$nity for un5ust ter$ination of servi e. O +f the period for household servi e is fi2ed! neither the e$ployer nor the househelper $ay ter$inate the ontra t #efore the e2piration of the ter$! e2 ept for a 5ust ause. +f the househelper is un5ustly dis$issed! he or she shall #e paid the o$pensation already earned plus that for fifteen ('@) days #y way of inde$nity. +f the househelper leaves without 5ustifia#le reason! he or she shall forfeit any unpaid salary due hi$ or her not e2 eeding fifteen ('@) days. %EC"+/9 '@. E$ploy$ent ertifi ation. O Upon the severan e of the household servi e relationship! the househelper $ay de$and fro$ the e$ployer a written state$ent of the nature and duration of the servi e and his or her effi ien y and ondu t as househelper. Du$an C La#or + C Prof. Battad C Page 'A6

,ULE =+++ E$ploy$ent of .ousehelpers %EC"+/9 '. 1eneral state$ent on overage. O (a) "he provisions of this ,ule shall apply to all househelpers whether e$ployed on full or part0ti$e #asis. (#) "he ter$ WhousehelperW as used herein is synony$ous to the ter$ Wdo$esti servantW and shall refer to any person! whether $ale or fe$ale! who renders servi es in and a#out the e$ployerUs ho$e and whi h servi es are usually ne essary or desira#le for the $aintenan e and en5oy$ent thereof! and $inisters e2 lusively to the personal o$fort and en5oy$ent of the e$ployerUs fa$ily. %EC"+/9 6. Dethod of pay$ent not deter$inant. O "he provisions of this ,ule shall apply irrespe tive of the $ethod of pay$ent of wages agreed upon #y the e$ployer and househelper! whether it #e hourly! daily! wee3ly! or $onthly! or #y pie e or output #asis. %EC"+/9 >. Children of househelpers. O "he hildren and relatives of a househelper who live under the e$ployerUs roof and who share the a o$$odations provided for the househelpers #y the e$ployer shall not #e dee$ed as househelpers if they are not otherwise engaged as su h and are not re?uired to perfor$ any su#stantial household wor3. %EC"+/9 A. E$ploy$ent ontra t. O "he initial ontra t for household servi e shall not last for $ore than two (6) years. .owever! su h ontra t $ay #e renewed fro$ year to year. %EC"+/9 @. Dini$u$ $onthly wage. O "he $ini$u$ o$pensation of househelpers shall not #e less than the following rates8 (a) %i2ty pesos (PB;.;;) a $onth for those e$ployed in the ities of Danila! Luezon! Pasay and Caloo an! and in the $uni ipalities of Da3ati! %an &uan! Dandaluyong! Duntinlupa! 9avotas! Dala#on! ParaSa?ue! Las PiSas! Pasig and Dari3ina! in the Provin e of ,izal.

%EC"+/9 'B. Kuneral e2penses. O +n ase of death of the househelper! the e$ployer shall #ear the funeral e2penses o$$ensurate to the standards of life of the de eased. %EC"+/9 '*. Disposition of the househelperUs #ody. O Unless so desired #y the househelper or #y his or her guardian with ourt approval! the transfer or use of the #ody of the de eased househelper for purposes other than #urial is prohi#ited. 4hen so authorized #y the househelper! the transfer! use and disposition of the #ody shall #e in a ordan e with the provisions of ,epu#li A t 9o. >A(. %EC"+/9 '). E$ploy$ent re ords. O "he e$ployer $ay 3eep su h re ords as he $ay dee$ ne essary to refle t the a tual ter$s and onditions of e$ploy$ent of his househelper whi h the latter shall authenti ate #y signature or thu$#$ar3 upon re?uest of the e$ployer. %EC"+/9 '(. Prohi#ited redu tion of pay. O 4hen the o$pensation of the househelper #efore the pro$ulgation of these regulations is higher than that pres ri#ed in the Code and in this issuan e! the sa$e shall not #e redu ed or di$inished #y the e$ployer on or after said date. %EC"+/9 6;. ,elation to other laws and agree$ents. O 9othing in this ,ule shall deprive a househelper of the right to see3 higher wages! shorter wor3ing hours and #etter wor3ing onditions than those pres ri#ed herein! nor 5ustify an e$ployer in redu ing any #enefit or privilege granted to the househelper under e2isting laws! agree$ents or voluntary e$ployer pra ti es with ter$s $ore favora#le to the househelpers than those pres ri#ed in this ,ule. a. Definition! ,ule =+++! %e . ' (#)

e.

Conditions of E$ploy$ent! Arts. '6'0'@6< Civil Code! Arts. 'B)(0'B((

A,". '@'. Emplo ment certification. 0 Upon the severan e of the household servi e relation! the e$ployer shall give the househelper a written state$ent of the nature and duration of the servi e and his or her effi ien y and ondu t as househelper. A,". '@6. Emplo ment record. 0 "he e$ployer $ay 3eep su h re ords as he $ay dee$ ne essary to refle t the a tual ter$s and onditions of e$ploy$ent of his househelper! whi h the latter shall authenti ate #y signature or thu$#$ar3 upon re?uest of the e$ployer. C+:+L C/DE Art. 'B)(. .ousehold servi e shall always #e reasona#ly o$pensated. Any stipulation that household servi e is without o$pensation shall #e void. %u h o$pensation shall #e in addition to the house helperUs lodging! food! and $edi al attendan e. Art. 'B(;. "he head of the fa$ily shall furnish! free of harge! to the house helper! suita#le and sanitary ?uarters as well as ade?uate food and $edi al attendan e. Art. 'B('. +f the house helper is under the age of eighteen years! the head of the fa$ily shall give an opportunity to the house helper for at least ele$entary edu ation. "he ost of su h edu ation shall #e a part of the house helperUs o$pensation! unless there is a stipulation to the ontrary. Art. 'B(6. 9o ontra t for household servi e shall last for $ore than two years. .owever! su h ontra t $ay #e renewed fro$ year to year. Art. 'B(>. "he house helperUs lothes shall #e su#5e t to stipulation. .owever! any ontra t for household servi e shall #e void if there#y the house helper annot afford to a ?uire suita#le lothing. Art. 'B(A. "he head of the fa$ily shall treat the house helper in a 5ust and hu$ane $anner. +n no ase shall physi al violen e #e used upon the house helper. Du$an C La#or + C Prof. Battad C Page 'A>

(#) "he ter$ WhousehelperW as used herein is synony$ous to the ter$ Wdo$esti servantW and shall refer to any person! whether $ale or fe$ale! who renders servi es in and a#out the e$ployerUs ho$e and whi h servi es are usually ne essary or desira#le for the $aintenan e and en5oy$ent thereof! and $inisters e2 lusively to the personal o$fort and en5oy$ent of the e$ployerUs fa$ily. #. Coverage! Art. 'A'

A,". 'A'. Co#erage. 0 "his Chapter shall apply to all persons rendering servi es in households for o$pensation. $%omestic or household ser#ice$ shall $ean servi e in the e$ployerGs ho$e whi h is usually ne essary or desira#le for the $aintenan e and en5oy$ent thereof and in ludes $inistering to the personal o$fort and onvenien e of the $e$#ers of the e$ployerGs household! in luding servi es of fa$ily drivers. . 9on0.ousehold 4or3! Art. 'A@

A,". 'A@. Assignment to non!household &or'. 0 9o househelper shall #e assigned to wor3 in a o$$er ial! industrial or agri ultural enterprise at a wage or salary rate lower than that provided for agri ultural or non0agri ultural wor3ers as pres ri#ed herein.

Ape2 Dining Co. 9L,C! '(B %C,A 6@' ('((')

Art. 'B(@. .ouse helper shall not #e re?uired to wor3 $ore than ten hours a day. Every house helper shall #e allowed four daysU va ation ea h $onth! with pay. Art. 'B(B. +n ase of death of the house helper! the head of the fa$ily shall #ear the funeral e2penses if the house helper has no relatives in the pla e where the head of the fa$ily lives! with suffi ient $eans therefor. Art. 'B(*. +f the period for household servi e is fi2ed neither the head of the fa$ily nor the house helper $ay ter$inate the ontra t #efore the e2piration of the ter$! e2 ept for a 5ust ause. +f the house helper is un5ustly dis$issed! he shall #e paid the o$pensation already earned plus that for fifteen days #y way of inde$nity. +f the house helper leaves without 5ustifia#le reason! he shall forfeit any salary due hi$ and unpaid! for not e2 eeding fifteen days. Art. 'B(). +f the duration of the household servi e is not deter$ined either #y stipulation or #y the nature of the servi e! the head of the fa$ily or the house helper $ay give noti e to put an end to the servi e relation! a ording to the following rules8 (') +f the o$pensation is paid #y the day! noti e $ay #e given on any day that the servi e shall end at the lose of the following day< (6) +f the o$pensation is paid #y the wee3! noti e $ay #e given! at the latest on the first #usiness day of the wee3! that the servi e shall #e ter$inated at the end of the seventh day fro$ the #eginning of the wee3< (>) +f the o$pensation is paid #y the $onth! noti e $ay #e given! at the latest! on the fifth day of the $onth! that the servi e shall ease at the end of the $onth. Art. 'B((. Upon the e2tinguish$ent of the servi e relation! the house helper $ay de$and fro$ the head of the fa$ily a written state$ent on the nature and duration of the servi e and the effi ien y and ondu t of the house helper. >. .o$ewor3ers

ho$ewor3ers in ludes any person! natural or artifi ial who! for his a ount or #enefit! or on #ehalf of any person residing outside the ountry! dire tly or indire tly! or through an e$ployee! agent ontra tor! su#0 ontra tor or any other person8 (') Delivers! or auses to #e delivered! any goods! arti les or $aterials to #e pro essed or fa#ri ated in or a#out a ho$e and thereafter to #e returned or to #e disposed of or distri#uted in a ordan e with his dire tions< or (6) %ells any goods! arti les or $aterials to #e pro essed or fa#ri ated in or a#out a ho$e and then re#uys the$ after su h pro essing or fa#ri ation! either #y hi$self or through so$e other person.

,ULE =+: E$ploy$ent of .o$ewor3ers %EC"+/9 '. 1eneral state$ent on overage. O "his ,ule shall apply to any ho$ewor3er who perfor$s in or a#out his ho$e any pro essing of goods or $aterials! in whole or in part! whi h have #een furnished dire tly or indire tly #y an e$ployer and thereafter to #e returned to the latter. %EC"+/9 6. Definitions. O As used in this ,ule! the following ter$s shall have the $eanings indi ated hereunder8 (a) W.o$eW $eans any roo$! house! apart$ent! or other pre$ises used regularly! in whole or in part! as a dwelling pla e! e2 ept those situated within the pre$ises or o$pound of an e$ployer! ontra tor! and the wor3 perfor$ed therein is under the a tive or personal supervision #y! or for! the latter. (#) WE$ployerW $eans any natural or artifi ial person who! for his own a ount or #enefit! or on #ehalf of any person residing outside the Philippines! dire tly or indire tly! or through any e$ployee! agent! ontra tor! su#0 ontra tor< or any other person8 (') Delivers or auses to #e delivered any goods or arti les to #e pro essed in or a#out a ho$e and thereafter to #e returned or to #e disposed of or distri#uted in a ordan e with his dire tion< or (6) %ells any goods or arti les for the purpose of having su h goods or arti les pro essed in or a#out a ho$e and then repur hases the$ hi$self or through another after su h pro essing. ( ) WContra torW or Wsu#0 ontra torW $eans any person who! for the a ount or #enefit of an e$ployer! delivers or aused to #e delivered to a ho$ewor3er goods or arti les to #e pro essed in or a#out his ho$e and thereafter to #e returned! disposed of or distri#uted in a ordan e with the dire tion of the e$ployer. (d) WPro essingW $eans $anufa turing! fa#ri ating! finishing! repairing! altering! pa 3ing! wrapping or handling any $aterial. %EC"+/9 >. Pay$ent for wor3. O (a) +$$ediately upon re eipt of the finished goods or arti les! the Du$an C La#or + C Prof. Battad C Page 'AA

a. Coverage and ,egulation! Arts. '@>0'@@< D/ @! D/LE! A Ke#. '((6! now Boo3 +++! ,ule =+: A,". '@>. ,egulation of industrial home&or'ers. 0 "he e$ploy$ent of industrial ho$ewor3ers and field personnel shall #e regulated #y the govern$ent through the appropriate regulations issued #y the %e retary of La#or and E$ploy$ent to ensure the general welfare and prote tion of ho$ewor3ers and field personnel and the industries e$ploying the$. A,". '@A. ,egulations of Secretar of 8a"or. 0 "he regulations or orders to #e issued pursuant to this Chapter shall #e designed to assure the $ini$u$ ter$s and onditions of e$ploy$ent appli a#le to the industrial ho$ewor3ers or field personnel involved. A,". '@@. %istri"ution of home&or'. 0 Kor purposes of this Chapter! the $emplo er$ of

e$ployer shall pay the ho$ewor3er or the ontra tor or su#0 ontra tor! as the ase $ay #e! for the wor3 perfor$ed< Provided! .owever! that where pay$ent is $ade to a ontra tor or su#0 ontra tor! the ho$ewor3er shall #e paid within the wee3 after the ontra tor or su#0 ontra tor has olle ted the goods or arti les fro$ the ho$ewor3ers. (#) "he %e retary of La#or and E$ploy$ent shall fro$ ti$e to ti$e esta#lish the standard $ini$u$ pie e or output rate in appropriate orders for the parti ular wor3 or pro essing to #e perfor$ed #y the ho$ewor3ers. %EC"+/9 A. Dedu tions. O 9o e$ployee! ontra tor! or su#0 ontra tor shall $a3e any dedu tion fro$ the ho$ewor3erUs earnings for the value of $aterials whi h have #een lost! destroyed! soiled or otherwise da$aged unless the following onditions are $et8 (a) "he ho$ewor3er on erned is learly shown to #e responsi#le for the loss or da$age< (#) "he e$ployee is given reasona#le opportunity to show ause why dedu tions should not #e $ade< ( ) "he a$ount of su h dedu tion is fair and reasona#le and shall not e2 eed the a tual loss or da$ages< and (d) "he dedu tion is $ade at su h rate that the a$ount dedu ted does not e2 eed 6;P of the ho$ewor3erUs earnings in a wee3. %EC"+/9 @. Conditions for pay$ent of wor3. O (a) "he e$ployer $ay re?uire the ho$ewor3er to re0do wor3 whi h has #een i$properly e2e uted without having to pay the stipulated rate $ore than on e. (#) An e$ployer! ontra tor! or su#0 ontra tor need not pay the ho$ewor3er for any wor3 whi h has #een done on goods and arti les whi h have #een returned for reasons attri#uta#le to the fault of the ho$ewor3er. %EC"+/9 B. Disagree$ent #etween ho$ewor3ers and e$ployer. O +n ases of disagree$ent #etween the ho$ewor3er and the e$ployer! ontra tor or su#0 ontra tor on $atters falling under %e tion A (a)! @ and B of this ,ule! either party $ay refer the ase to the ,egional /ffi e having 5urisdi tion over the ho$ewor3er. "he ,egional /ffi e shall de ide the ase within ten (';) wor3ing days fro$ re eipt of the ase. +ts de ision shall #e final and unappeala#le. %EC"+/9 *. Lia#ility of e$ployer and ontra tor. O 4henever an e$ployer shall ontra t with another for the perfor$an e of the e$ployerUs wor3! it shall #e the duty of su h e$ployer to provide in su h ontra t that the e$ployees or ho$ewor3ers of the ontra tor and the latterUs su#0 ontra tor shall #e paid in a ordan e with the provisions of this ,ule. +n the event that su h ontra tor or su#0 ontra tor fails to pay the wages or earnings of his e$ployees or ho$ewor3ers as spe ified in this ,ule! su h e$ployer shall #e 5ointly and severally lia#le with the ontra tor or su#0 ontra tor to the wor3ers of the latter! to the e2tent that su h wor3 is perfor$ed under su h ontra t! in the sa$e $anner as if the e$ployees or ho$ewor3ers were dire tly engaged #y the e$ployer. #. Definition! D/ @! %e . 6! D/ @

. d. B0(

,egistration! %e s. A0B Conditions of E$ploy$entCDedu tions! %e s.

f. g. .

&oint and %everal E$ployerCContra tor! %e . '' Prohi#itions! %e . '> Enfor e$ent! %e . ';

Lia#ility

of

NOTES:

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Du$an C La#or + C Prof. Battad C Page 'A@

RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRR

Du$an C La#or + C Prof. Battad C Page 'AB

K"

1e&t#+, De&t#+ #&* O''.(#t,%&#+ S#4et:

Dagsalin v. 9ational /rganization of 4or3ing Den! A;> %C,A '(( (6;;>) .a ienda Kati$a v. 9ational Kederation of %ugar ane 4or3ers Kood and 1eneral "rade! >(B %C,A @') (6;;>) Pentagon +nternational %hipping! +n . v. Adelantar! 6>@ %C,A >A6 (6;;A) Lopez v. Detropolitan 4aterwor3s and %ewerage %yste$! AB6 %C,A A6) (6;;@)

,eferen e8 Art. '@B0'B@< /$ni#us ,ules! Boo3 +:! ,ule +! %e s. '0';< ,ule ++! %e s. '0Z; '. 6. %ervi es a. #. >. Coverage! ,ule +! %e . ' Kirst Aid "reat$ent! Art. '@B E$ergen y Dedi al and Dental

>) E2tended Period 4hen ,e?uired! Art. '@* 4hen 9ot ,e?uired! Art. '@)

Andon Ele tri ('((()

o.! +n . v. 9L,C! >;) %C,A >A;

A. E$ployer assistan e! Art. 'B' @. / upational %afety and .ealth %tandards! "raining of %upervisorC"e hni ian a. #. 4hen ,e?uired! ,ule ++! %e s. @ (a) (d) 4hen 9ot ,e?uired! ,ule ++! %e . @ (e) Enfor e$entCD/LE /#ligations!

A) ,epeated ,enewal of Contra t Daraguinot v. 9L,C! 6)A %C,A @>( ('(()) Universal Plasti ')( (6;;@) Corp. v. Catapang! A*> %C,A

b.

Pro5e t E$ployee! art. 6);! 'st par.

B. Arts. 'B60'B@

') Definition +$#uido v. 9L,C! >6( %C,A >@* (6;;;) Asso iation of "rade Union v. Co$$. A#ella! >6> %C,A @; (6;;@)

9ote8 Arts. 'BB06;)8 repealed #y %%% Law of '((* (,A ''B'! as a$ended)< ,e8 Art. 6;(! see 9ational .ealth +nsuran e a t of '((@ (,A *)*@)< Boo3 +:! ,ule ++! %e . ) L" Em(+%:ee '. 6. +#ss,4,'#t,%&

6) Pro5e t E$ployees

Coverage! Art. 6*) E$ployer ,e ognition Philippine Kederation of Credit Cooperatives! +n . v. 9L,C! >;; %C,A *6 ('(()) Pangilinan v. 1eneral Dilling orp.! A>A %C,A '@( (6;;A) E$ployer Deter$inationCDesignation De Leon v. 9L,C! '*B %C,A B'@ ('()() :ioleta v. 9L,C! 6); %C,A @6; ('((*) %an Diguel Corporation v. 9L,C! 6(* %C,A 6** ('(()) Danage$ent Prerogative Danila Ele tri ('((B) Co. v. 9L,C! 6B> %C,A @>'

>)


>. A.

%andoval %hipyards! +n . v. 9L,C! '>B %C,A B*A ('()@) :illa v. 9L,C! 6)A %C,A ';@ ('(()) Chua v. Court of Appeals! AA; %C,A '6' (6;;A) 4or3pool E$ployees Aguilar Corp. v. 9L,C! 6B( %C,A @(B ('((*)

Daraguinot v. 9L,C! supra Casual! Art. 6);! 6nd par.< /$ni#us rules! Boo3 :+! ,ule '! %e . @ (#) ') 9ature of 4or3

A.D. /reta and Co. +n . v. 9L,C! '*B %C,A 6') ('()() 6) /ne Tear %ervi e Qi$#erly v. Drilon! ')@ %C,A '(; ('((;) +ntegrated Contra tor and Plu$#ing 4or3s! +n . v. Court of Appeals! ABA %C,A @AA (6;;@) %an Diguel Corp. v. A#ella! supra Ki2ed0"er$ Brent % hool v. Va$ora! ')' %C,A *;6 ('((;) Palo$ares v. 9L,C! 6** %C,A A>( ('((*) Philips %e$i ondu tor et . v. Kadri?uela! A66 %C,A A;) (6;;A) %easonal Phil. "o#a o Klue0 uring - ,edrying Corp. v. 9L,C! >;; %C,A >* ('(()) .a ienda Bino v. Cuen a! A@B %C,A >;; (6;;@) Pro#ationary

PAL! +n . v. Pas ua! A;( %C,A '(@ (6;;>) Co a0 ola Bottlers Phil.! +n . %ales Kor e Union0 P"14/0BALA+% v. Co a0 ola Bottlers Phil.! +n .! 1, 9o. '@@B@'! ABA %C,A @;* (6;;@) Qinds of E$ployee
st


. d.

@.

a. ,egular E$ployees! art. 6);! ' par.< 6);! 6nd par.< 6)'! last senten e< *@(d)< /$ni#us rules! Boo3 :+! ,ule '! %e s. @(a)! (#) and B. ') "ype

Pangilinan v. 1eneral Dilling Corporation.! A>A %C,A '@( (6;;A)

e.

6) 9ature of 4or3

Perpetual .elp Credit Corp.! +n . v. Ka#urada! et al.! >BB %C,A B(> ( 6;;')

') Definition Du$an C La#or + C Prof. Battad C Page 'A*

Philippine Kederation of Credit Cooperatives! +n . v. 9L,C! supra Ce#u Darine Bea h ,esort v. 9L,C! A'A %C,A '*> (6;;>)

e.

Perpetual .elp Credit Corp.! +n . v. Ka#urada! supra Burden of Proof Az or Danufa turing v. 9L,C! >;> %C,A 6B ('((() Chavez v. 9L,C! supra Deasure of Penalty Karrol v. Court of Appeals! A>@ %C,A @A> (6;;;) :aliao v. Court of Appeals! A>@ %C,A @A> (6;;A) Et u#an v. %ulpi io Lines! +n . AA) %C,A @'B (6;;@) Ka tors Asso iated La#or Union v. 9L,C! >;6 %C,A *;) ('((() Philippine Long distan e "elephone C. +n . v. 9L,C! >;> %C,A ( ('((()

6) E$ployer ,ight to %et PeriodC/#ligation

f.

/rient E2press Pla e$ent Philippines v. 9L,C! 6*> %C,A 6@B '((*)

>) DurationCE2 eption

A Pri$e %e urity %ervi es! +nv. :. 9L,C! >66 %C,A 6)> (6;;;) Ditsu#ishi Dotors v. 9L,C! 66B %C,A A'* ('((>)

g.

A) Criteria ,egularization Al ira v. 9L,C! A>' %C,A @;) (6;;A)

@) E2tension of Contra t

Dariwasa Danufa turing! +n . v. Leogardo! 'B( %C,A AB@ ('()()

>. "er$ination of E$ploy$ent #y E$ployee a. ,esignation Cheniver De o Print v. 9L,C! >6@ %C,A *@) (6;;;) China Ban3ing Corp. v. Borro$eo! supra 4illi .ahn Enterprises v. Daghuyo! AA* %C,A >A( (6;;A) BD1 ,e ords (Phils.)! +n . et al. v. Aida C. Apare io! et al.! 1, '@>6(;! %ept. @! 6;;*

B) A#sor#ed E$ployees

Ce#u %tevedoring Co. +n . v. ,egional Dire tor! 'B) %C,A >'@ ('())) *) ,ule on Private % hool "ea hers


!"

Es orpizo v. Univ. of Baguio! >;B %C,A A(* ('((() La Consola ion College v. 9L,C! >BB %C,A 66B (6;;') Chiang Qai %he 3 College v. Court of Appeals! A>* %C,A '*' (6;;A) Term,&#t,%& %4 Em(+%:me&t

') &ust Causes! Art. 6)@ (#) 6) 4ithout &ust Cause M ,e?uisites! Art. 6)@ (a)< Const. Art. +++! %e . ') (6) Pas ua v. 9L,C! 6)* %C,A @@A ('(()) Az or v. 9L,C! supra Phil. 4ireless +n . v. 9L,C! >'; %C,A B@> ('((() A Pri$e %e urity %ervi es! +n . v. 9L,C! supra duty! Art.

'. Coverage! Art. 6*)< Boo3 :+! ,ule '! %e . ' 6. %e urity of "enure! Art 6*(< 6** (#) a. 9atureC,ationale Llosa "an v. %ilahis +nternatioinal .otel! ')' %C,A *>) ('((;) %onza v. AB%0CB9 Broad asting Corp.! A>' %C,A >)' (6;;A) Detro Eye %e urity! +n . v. &ulie :. %olsona! 1, 9o. 'B*B>*! %ept. 6)! 6;;* Coverage La#a5o v. Ale5andro! 'B@ %C,A *A* ('())) %3ihworld Danage$ent and $ar3eting Corporation v. 9L,C! ')B %C,A AB@ ('((;) +nterorient Dariti$e Enterprises +n . v. 9L,C! 6>@ %C,A 6B) ('((A) Danage$ent Prerogative Philippine A$eri an Life - 1eneral +nsuran e Co. v. 1ra$aze! AA6 %C,A 6*A (6;;A) ,e?uisites for Lawful Dis$issal

#. Perfor$an e of Dilitary or Civi 6)B! Boo3 :+! ,ule +! %e . '6


#.

A. "er$ination of E$ploy$ent #y E$ployer a. Basis of ,ight and ,e?uire$ents! Arts. 6)606)A< 6** (#)

') Basis 6) PLD" v. "olentino! A>) %C,A @@@ (6;;A) %u#stantive and Pro edural Due Pro ess Philippine 9ational Ban3 v. Ca#anag! AB; %C,A @'A (6;;@)

d.

Du$an C La#or + C Prof. Battad C Page 'A)

#.

&ust Causes M %u#stantive Due Pro ess %erious Dis ondu tC4illful (+nsu#ordination) Diso#edien e

g)

1)
6)

,a$oran v. &ardine CD1! +n . >6B %C,A 6;) (6;;;) .a#itual +nfra tions 1ustilo v. 4yeth Phil.! +n .! AA; %C,A B* (6;;A) +$$orality %antos v. 9L,C! 6)* %C,A ''* ('(()) Convi tion of Cri$e %a$paguita 1ar$ents Corp. v. 9L,C! 6>> %C,A 6B; '((A) Lualifi ation ,e?uire$ents Lanzaderas v. A$ethyst %e urity - 1eneral %ervi es! +n .! supra Constru tive Dis$issal Philippine A$eri an Life v. 1ra$a5e! AA6 %C,A 6*A (6;;>) Dinglasan v. Atienza! A>> %C,A 6B> (6;;A) Dusit .otel 9i33o v. 9ational Union in .otel! ,estaurant and Allied +ndustires! ABB %C,A >*A (6;;@) Angelina Kran is o v. 9L,C! et al.! supra "ransfer /%% %e urity and Allied %ervi es +n . v. 9L,C! >6@ %C,A '@* (6;;;) Lanzaderas v. A$ethyst %e urity and 1eneral %ervi es! +n .! supra Dendoza v! ,ural Ban3! et .! A>> %C,A *@B (6;;A) Pro$otion Phil. "elegraph - "elephone Corp. v. Court of Appeals! A'6 %C,A 6B> (6;;>) Preventive %uspension Philippine Airlines! +n . v. 9L,C! 6(6 %C,A A; ('(()) ,esiden y "raining Keli2 v. Buenaseda! 6A; %C,A '>( ('((@) M Business

:aliao v. Court of Appeals! supra :illa$or 1olf Clu# v. Phil! A*6 %C,A >B (6;;@) Co a0Cola Bottlers! Phil.! +n . v. Qapisanan ng Dalayang Danggagawa sa Co a0Cola! A@6 %C,A A); (6;;@) , "ransport Corp. v. E5aneira! A6) %C,A *6@ (6;;A) Di ro %ales /peration 9etwor3 v. 9L,C! A*6 %C,A >6) (6;;@) 1ross and .a#itual 9egle t of Duties Ce#u Kilveneer Corporation v. 9L,C! 6)B %C,A @@B ('(()) ,eyes v. Da2i$s "ea .ouse! >() %C,A 6)) (6;;>) Chua v. 9L,C! A@> %C,A 6AA (6;;@) Kraud or 4illful Brea h of "rust %antos v. %an Diguel Corp.! >(( %C,A '*6 (6;;>) Dela Cruz ! 9L,C! A'B %C,A 66B (6;;>) Phil. 9ational Constru tion Corp. v. Datias! >(@ %C,A *6; (6;;>) Co$$ission of Cri$e! Art. 6)6 (d) %a$paguita 1ar$ents Corporation v. 9L,C! 6>> %C,A 6B; ('((A) Analogous! Art. 6)6 (e) Cathedral % hool of "e hnology v. 9L,C! 6'A %C,A @@'! @@( ('((6) /thers M &ust Causes Clai$ed #y E$ployer A#andon$ent 9ueva E i5a Ele tri %C,A'B( (6;;@) Cooperative v. 9L,C! AB'

h) i) 5)


>)

*)

4) 5)
B) a)

))


()

';)

#) ) d)

Chavez v. 9L,C! supra Kloren .otel v. 9L,C! A@B %C,A '6) (6;;@) Courtesy ,esignation Batong#a al v. Asso iated Ban3! 'B) %C,A B;; ('())) Change of /wnership Danli$os v. 9L,C! 6A6 %C,A 'A@ ('((@) .a#itual A#senteeis$ Union Dotor Corp. v. 9L,C! AA@ %C,A B)> (6;;A) Ki2ed0"er$ E$ploy$ent Dagsalin v. 9ational /rganization of 4or3ing Den! supra Past offenses La Carlota Planters Assn. v. 9L,C! 6() %C,A 6@6 ('(())

'')

. %u#stantive ,e?uire$ents ,elated Causes! Art. 6)> -1 .1 Basis

e)

Edge Apparel +n . v. 9L,C! 6)B %C,A >;6 ('(()) Business ,elated or Authorized Causes

a) +nstallation of La#or %aving Devi es! Art. 6)>

f)

Co$ple2 Ele troni s E$ployees Assn. v. 9L,C! >'; %C,A A;> ('((()

#) ,etren h$ent to Prevent Losses! Art. 6)>

Du$an C La#or + C Prof. Battad C Page 'A(

Asian Al ohol Corp. v. 9L,C! >;@ %C,A A'@ ('((() 9DC01uthrie Plantations! +n . v. 9L,C! >B6 %C,A A'B.(6;;') Co$posite Enterprises! +n . v. E$ilio D. Caparoso! et al.! 1, 9o. '@(('(! Aug. )! 6;;*

61

E?uita#le PC+Ban3 v. Caguioa! ABB %C,A B@) (6;;@) Degree of ProofC%u#stantial Eviden e Philtread "ire - "u##er Corp. v. :i ente! AA' %C,A @*A (6;;A) Et u#an v. %ulpi io Lines! +n .! supra Pres ription %alvador v. Phil. Dining servi e Corp.! >(@ %C,A *6( (6;;>) Dis$issal of Case! Purely on "e hni al 1round Luintano v. 9L,C! AAB %C,A '(@ (6;;A)


>1 81

) ,edundan y! Art. 6)> Asufrin v. %an Diguel Corp.! A6@ %C,A 6*; (6;;A) 1olden "read Qnitting +ndustries! +n . v. 9L,C! >;A %C,A @B) Lopez %ugar Corp. v. Kran o! A@) %C,A @'@ (6;;@)

d) Closure of Business! Art. 6)>

Da Ada$s Detal Engineering 4or3ers Union0 +ndependent v. Da Ada$s Detal Engineering! A'A %C,A A'' (6;;>) %%% v. .on. Chaves! AA; %C,A 6B( (6;;A) DE0%.U,9 Corporation v. DE0%.U,9 4or3ers Union0K%D! AA) %C,A A' (6;;@)

-71 Cri$inal Cases Luia$#ao v. 9L,C! 6@A %C,A 6'' ('((B)

@. ,eliefsC,e$edies in +llegal Dis$issal! Art. 6*(< 66> a. +n 1eneral< "win ,e$edies 9ueva E i5a Ele tri Cooperative v. 9L,C! supra Dt. Car$el College v. &o elyn ,esuena! et al.! 1, 9o. '*>;*B! / to#er ';! 6;;* Lorenzo Da. D.1. Aguilar v. Burger Da hine .oldings Corp.! et al.! 1, '*6;B6! Ke#. 6'! 6;;* ') ,einstate$ent a) Definition P9/C0EDC! et al. v. A#ella! AA) %C,A @A( (6;;@) Phes he$ +ndustrial Corp. v. Doldez! A@) %C,A >>( (6;;@) #) Effe t of Kailure to As3 ,elief

e) "e$porary Closure! Art. 6)B 41 :aldez v. 9L,C! 6)B %C,A )* ('(()) Disease! Art 6)A :i ente %y v. Court of Appeals! supra

d. Pro edural ,e?uire$ents! Art. 6** (#)< Boo3 :+! ,ule +! %e s. '0> /$ni#us ,ules ') +n 1eneralCLia#ility for 9on0Co$plian e with Pro edural ,e?uire$ents


6) >)

%errano v. 9L,C! >6> %C,A AA@ (6;;;) %antos v. %an Diguel Corp.! supra Aga#on v. 9L,C! supra ,ight to Counsel %alaw v. 9L,C! 6;6 %C,A *! '60'@ ('((') 9oti e Aga#on v. 9L,C! supra Caingat v. 9L,C! A@> %C,A 'A6 (6;;@) .earing .earing Per$e2! +n . v. 9L,C! >6> %C,A '6' (6;;;) Ar#oleda v. 9L,C! >;> %C,A >( ('((() Use of Position Paper %hoppes Danila! +n . v. 9L,C! A'( %C,A >@A (6;;A) De isionCAward M Const.! Art. :+++! %e . 'A Pepsi0Cola Produ ts Phil.! +n . Appeals! AA> %C,A @); (6;;A) Burden of Proof v. Court of

Phes he$ +ndustrial Corp. v. Doldez! supra E2 eptions i) ii) Closure of Business E ono$i Business Conditions

01 a) #) /1

Union of %upervisors (,B) 9A"U! et . v. %e . of La#or! '6) %C,A AA6 ('()A) iii) E$ployeeGs Unsuita#ility

Divine 4ord .igh % hool v. 9L,C! 'A> %C,A >AB ('()B) iv) E$ployeeGs ,etire$entC/verage

Espe5o v. 9L,C! 6@@ %C,A A>; ('((B) and Antagonis$ M

v) Antipathy %trained ,elations

A esite Corp. v. 9L,C! AA( %C,A >B; (6;;@) BP+ E$ployees Union v. BP+! A@A %C,A >@* (6;;@) %agu$ v. Court of Appeals! A@( %C,A 66> (6;;@) vi) 9ot Keasi#le

31

Du$an C La#or + C Prof. Battad C Page '@;

) 6)

') Busta$ante v. 9L,C! 6B@ %C,A ' ('((B) /ffer to ,einstate ,anara v. 9L,C! 6'6 %C,A B>' ('((6) Ba 3wages Effe t of Kailure to Clai$ De La Cruz v. 9L,C! 6(( %C,A ' ('(()) Effe t of Kailure to /rder Aurora Land et . v. 9L,C! 6'6 %C,A A) ('((*) %t. Di haelGs +nst. v. %antos! >*' %C,A >)> (6;;') #) Co$putation

4hen Allowed Philippine Long Distan e "elephone Co. v. 9L,C! 'BA %C,A B*' ('())) Pinero v. 9L,C! A>* %C,A ''6 (6;;A) 4hen 9ot Allowed Phil. Constru tion Corp. v. 9L,C! '*; %C,A 6;* ('()() Chua v. 9L,C! 6') %C,A @A@ ('((>) +nde$nity Ar$s "a2i v. 9L,C! supra %errano v. 9L,C! supra Lia#ility of Corporate /ffi ers A esite Corp. v. 9L,C! supra

6) e.

a)

b)


f.

Der ury Drug Co. +n . v. C+,! @B %C,A B(A ('(*A) Busta$ante v. 9L,C! supra "orres v. 9L,C! >>; %C,A >'' (6;;;) Qay Produ ts! +n . v. CAABA %C,A @AA (6;;@) %tandard Ele tri Danufa turing Corp. v. %tandard Ele tri E$ployees Union! AB) %C,A >'B (6;;@) BP+ E$ployees Union v. BP+! supra ) Kringe Benefit

-" Ret,reme&t! Art. 6)*< Boo3 :+! ,ule ++! /$ni#us ,ules< ,A 9o. *BA'< ,A 9o. )@@) ('(()) < La#or Advisory on ,etire$ent Pay (/ t. '((() '. a. ,etire$ent "ypes of ,etire$ent Plan PAL v. Airline PilotsG Asso iation of the Phil.! >*> %C,A >;6 (6;;6) 9aguit v. 9L,C! A;) %C,A B'* (6;;>) %ta. Catalina College v. 9L,C! A'B %C,A 6>> (6;;>) 1erla h v. ,euters Ltd.! Phil. AA) %C,A @>@ (6;;@) ') Basis


#.

Aurora Land et . v. 9L,C! supra Da$ages Collegio de %an &uan de Letran0Cala$#a v. :illas! >(( %C,A @@; (6;;>) "olosa v. 9L,C! A;' %C,A >(' (6;;>) Daguiling v. Phil. "u#er ulosis %o iety! +n . A@; %C,A AB@ (6;;@) A esite Corp v. 9L,C! supra %agu$ v. Court of Appeals! A@( %C,A 66> (6;;@) Central Luzon Conferen e v. CA! ABB %C,A *'' (;A) %eparation Pay 4hen M As Alternative Co a0Cola Bottlers Phils. +n . v. :ital! A>) %C,A 6*) (6;;A) 9ational Kederation of La#or v. Court of Appeals! AA; %C,A B;A (6;;A) Et u#an &r. v. %ulpi io Lines! +n .! supra Co$posite enterprises! Caparoso! et al.! supra Co$putationC,ationale Business Day +nfor$ation %yste$s and %ervi es! +n . v. 9L,C! 66' %C,A ( ('((>) Dillares v. 9L,C! >;@ %C,A @;; ('((() >) Effe t of ,e eipt +n . v. E$ilio D.


. ')

1a$oga$o v. P9/C shipping and "ransport Corp.! >)' %C,A *A6 (6;;6) 6) +nterpretation

Lopez v. 9ational %teel Corp.! A6> %C,A ';( (6;;A) %olo$on v. Asso iation of +nternational %hipping Lines! +n .! A@* %C,A 6@A (6;;@) A) Eligi#ility

Brion v. %outh Phil. Union Dission of the %eventh Day Adventist Chur h! >;* %C,A A(* ('((()


6)

RE1!NDERS:

1. 2.

:oluntary re itation will #e graded generously. "he professor however reserves the right to all on students for re itation. "he 6;P rule on a#sen es will #e stri tly o#served. "hree ti$es of tardiness will #e onsidered a#sent. All those who o$e #etween '@ to >; $inutes after the lass will #e $ar3ed HlateN< after >; $ins! Ha#sentN. 9o $a3e0up $id0ter$ e2a$ination will #e given.

3.

Arino v. 9L,C! 6(; %C,A A)( ('(()) Kinan ial Assistan e

REHU!RE1ENT: Attendan eC,e itationCAssigned 4or3 >;P 0

Du$an C La#or + C Prof. Battad C Page '@'

Did0"er$ E2a$ination >;P Kinal E2a$ination >;P

0 0

Du$an C La#or + C Prof. Battad C Page '@6