PERTINENT PROVISONS IN LABOR LAWS

RA # 7610 ANTI CHILD ABUSE ACT ARTICLE VIII Working Chil r!n S!"#ion 1$% Employment of Children% Children below fifteen (15) years of age may be employed except: (1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer s family are employed: !ro"ided# howe"er# $hat his employment neither endangers his life# safety and health and morals# nor impairs his normal de"elopment: !ro"ided# further# $hat the parent or legal guardian shall pro"ide the said minor child with the prescribed primary and%or secondary education& or (') When a child s employment or participation in public ( entertainment or information through cinema# theater# radio or tele"ision is essential: !ro"ided# $he employment contract concluded by the child s parent or guardian# with the express agreement of the child concerned# if possible# and the appro"al of the )epartment of *abor and +mployment: !ro"ided# $hat the following re,uirements in all instances are strictly complied with: (a) $he employer shall ensure the protection# health# safety and morals of the child& (b) the employer shall institute measures to pre"ent the child s exploitation or discrimination taking into account the system and le"el of remuneration# and the duration and arrangement of working time& and& (c) $he employer shall formulate and implement# sub-ect to the appro"al and super"ision of competent authorities# a continuing program for training and skill ac,uisition of the child. /n the abo"e exceptional cases where any such child may be employed# the employer shall first secure# before engaging such child# a work permit from the )epartment of *abor and +mployment which shall ensure obser"ance of the abo"e re,uirement. $he )epartment of *abor +mployment shall promulgate rules and regulations necessary for the effecti"e implementation of this 0ection. S!"#ion 1&% Prohibition on the Employment of Children in Certain Advertisements % 1o person shall employ child models in all commercials or ad"ertisements promoting alcoholic e"ebrages# intoxicating drinks# tobacco and its byproducts and "iolence.

RA # 7'77 ANTISE(UAL HARASS)ENT ACT S!"#ion &% )uty of the +mployer or 2ead of 3ffice in a Work4related# +ducation or $raining +n"ironment. 4 /t shall be the duty of the employer or the head of the work4related# educational or

training en"ironment or institution# to pre"ent or deter the commission of acts of sexual harassment and to pro"ide the procedures for the resolution# settlement or prosecution of acts of sexual harassment. $owards this end# the employer or head of office shall: (a) !romulgate appropriate rules and regulations in consultation with and -oint1y appro"ed by the employees or students or trainees# through their duly designated representati"es# prescribing the procedure for the in"estigation of sexual harassment cases and the administrati"e sanctions therefor. 5dministrati"e sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. $he said rules and regulations issued pursuant to this subsection (a) shall include# among others# guidelines on proper decorum in the workplace and educational or training institutions. (b) Create a committee on decorum and in"estigation of cases on sexual harassment. $he committee shall conduct meetings# as the case may be# with officers and employees# teachers# instructors# professors# coaches# trainors# and students or trainees to increase understanding and pre"ent incidents of sexual harassment. /t shall also conduct the in"estigation of alleged cases constituting sexual harassment. /n the case of a work4related en"ironment# the committee shall be composed of at least one (1) representati"e each from the management# the union# if any# the employees from the super"isory rank# and from the rank and file employees. /n the case of the educational or training institution# the committee shall be composed of at least one (1) representati"e from the administration# the trainors# instructors# professors or coaches and students or trainees# as the case may be. $he employer or head of office# educational or training institution shall disseminate or post a copy of this 5ct for the information of all concerned. S!"#ion *% Liability of the Employer, Head of Office, Educational or Training Institution. 4 $he employer or head of office# educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment# education or training en"ironment 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 taken.

RA # '7+1 ,ENERAL BAN-IN, LAWS 55.6. Consistent with the pro"isions of 7epublic 5ct 1o. 1685# otherwise known as the 9anks 0ecrecy *aw# no bank shall employ casual or non regular personnel or too lengthy probationary personnel in the conduct of its business in"ol"ing bank deposits.

RA # '*0& AIDS S!"#ion 16% Prohibitions on compulsory HIV testing% Compulsory 2/: testing as a precondition to employment# admission to educational institutions# the exercise of freedom of abode# entry or continued stay in the country# or the right to tra"el# the pro"ision of medical ser"ice or any other kind of ser"ice# or the continued en-oyment of said undertakings shall be deemed unlawful. S!"% .*% Discrimination in the workplace )iscrimination in any form from pre4employment to post4employment# including hiring# promotion or assignment# based on the actual# percei"ed or suspected 2/: status of an indi"idual is prohibited. $ermination from work on the sole basis of actual# percei"ed or suspected 2/: status is deemed unlawful.

RA # +$.1 HOURS O/ WOR-IN, CHILD S!"#ion .. $he same 5ct# as amended# is hereby further amended by adding new sections to be denominated as 0ections 1'45# 1'49# 1'4C# and 1'4) to read as follows: ;0ec. '45. Hours of Work of a Working Child. 4 <nder the exceptions pro"ided in 0ection 1' of this 5ct# as amended: ;(1) 5 child below fifteen (15) years of age may be allowed to work for not more than twenty ('8) hours a week: ro!ided# $hat the work shall not be more than four (6) hours at any gi"en day& ;(') 5 child fifteen (15) years of age but below eighteen (1=) shall not be allowed to work for more than eight (=) hours a day# and in no case beyond forty (68) hours a week& ;(>) 1o child below fifteen (15) years of age shall be allowed to work between eight o clock in the e"ening and six o clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (1=) shall be allowed to work between ten o clock in the e"ening and six o clock in the morning of the following day.;

RA # 10.61 -ASA)BAHA0 LAW

(d) Domestic worker or Kasambahay refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or yaya, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. he term shall not include children who are under foster family arrangement, and are pro!ided access to education and gi!en an allowance incidental to education, i.e. baon, transportation, school pro"ects and school acti!ities. #$%. &'. Deposits for Loss or Damage. (t shall be unlawful for the employer or any other person to re)uire a domestic worker to make deposits from which deductions shall be made for

the reimbursement of loss or damage to tools, materials, furniture and e)uipment in the household. #$%. *+. Daily Rest Period. , he domestic worker shall be entitled to an aggregate daily rest period of eight (-) hours per day. #$%. *&. Weekly Rest Period. he domestic worker shall be entitled to at least twenty.four (*') consecuti!e hours of rest in a week. he employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker: Provided, hat the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds. /othing in this pro!ision shall depri!e the domestic worker and the employer from agreeing to the following: (a) 0ffsetting a day of absence with a particular rest day1 (b) 2ai!ing a particular rest day in return for an e)ui!alent daily rate of pay1 (c) 3ccumulating rest days not exceeding fi!e (4) days1 or (d) 0ther similar arrangements. #$%. **. Assignment to Nonho sehold Work. , /o domestic worker shall be assigned to work in a commercial, industrial or agricultural enterprise at a wage rate lower than that pro!ided for agricultural or nonagricultural workers. (n such cases, the domestic worker shall be paid the applicable minimum wage. #$% *'. !inim m Wage. , he minimum wage of domestic workers shall not be less than the following: (a) wo thousand fi!e hundred pesos (5*,4++.++) a month for those employed in the /ational %apital 6egion (/%6)1 (b) wo thousand pesos (5*,+++.++) a month for those employed in chartered cities and first class municipalities1 and (c) 0ne thousand fi!e hundred pesos (5&,4++.++) a month for those employed in other municipalities. 3fter one (&) year from the effecti!ity of this 3ct, and periodically thereafter, the 6egional ripartite and 5roducti!ity 2age 7oards (6 527s) shall re!iew, and if proper, determine and ad"ust the minimum wage rates of domestic workers. #$% *4. Payment of Wages. , 5ayment of wages shall be made on time directly to the domestic worker to whom they are due in cash at least once a month. he employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than

that which is mandated by law. /o employer shall pay the wages of a domestic worker by means of promissory notes, !ouchers, coupons, tokens, tickets, chits, or any ob"ect other than the cash wage as pro!ided for under this 3ct. he domestic worker is entitled to a thirteenth month pay as pro!ided for by law. #$%. *8. Pay "lip. he employer shall at all times pro!ide the domestic worker with a copy of the pay slip containing the amount paid in cash e!ery pay day, and indicating all deductions made, if any. he copies of the pay slip shall be kept by the employer for a period of three (9) years. #$%. *:. Prohi#ition on $nterference in the Disposal of Wages. (t shall be unlawful for the employer to interfere with the freedom of any domestic worker to dispose of the latter;s wages. he employer shall not force, compel or oblige the domestic worker to purchase merchandise, commodities or other properties from the employer or from any other person, or otherwise make use of any store or ser!ices of such employer or any other person. #$% *-. Prohi#ition Against Withholding of Wages. (t shall be unlawful for an employer, directly or indirectly, to withhold the wages of the domestic worker. (f the domestic worker lea!es without any "ustifiable reason, any unpaid salary for a period not exceeding fifteen (&4) days shall be forfeited. <ikewise, the employer shall not induce the domestic worker to gi!e up any part of the wages by force, stealth, intimidation, threat or by any other means whatsoe!er. #$%. *=. Leave %enefits. 3 domestic worker who has rendered at least one (&) year of ser!ice shall be entitled to an annual ser!ice incenti!e lea!e of fi!e (4) days with pay: Provided, hat any unused portion of said annual lea!e shall not be cumulati!e or carried o!er to the succeeding years. >nused lea!es shall not be con!ertible to cash. #$%. 9+. "ocial and &ther %enefits. 3 domestic worker who has rendered at least one (&) month of ser!ice shall be co!ered by the #ocial #ecurity #ystem (###), the 5hilippine ?ealth (nsurance %orporation (5hil?ealth), and the ?ome @e!elopment Autual Bund or 5ag.(7(C, and shall be entitled to all the benefits in accordance with the pertinent pro!isions pro!ided by law. 5remium payments or contributions shall be shouldered by the employer. ?owe!er, if the domestic worker is recei!ing a wage of Bi!e thousand pesos (54,+++.++) and abo!e per month, the domestic worker shall pay the proportionate share in the premium payments or contributions, as pro!ided by law. he domestic worker shall be entitled to all other benefits under existing laws.

RA # '1'' PENALT0 /OR NON CO)PLIANCE WITH THE WA,E

"Section 12. 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 less than Twenty-fi e thousand pesos !"2#,$$$% nor more than &ne hundred thousand pesos !"1$$,$$$% or imprisonment of not less than two !2% years nor more than four !'% years, or both such fine and imprisonment at the discretion of the court( Provided, That any person con icted under this Act shall not be entitled to the benefits pro ided for under the "robation )aw. "The employer concerned shall be ordered to pay an amount e*ui alent to double the unpaid benefits owing to the employees( "ro ided, That payment of indemnity shall not absol e the employer from the criminal liability imposable under this Act. "+f the iolation is committed by a corporation, trust or firm, partnership, association or any other entity the penalty of imprisonment shall be imposed upon the entity,s responsible officers, including, but not limited to, the president, ice-president, chief e-ecuti e officer, general manager, managing director or partner."

RA # 100$' BREAS/EEDIN, ACT

S!"% 1$% Lactation eriods. 4 1ursing employees shall granted break inter"als in addition to the regular time4off for meals to breastfeed or express milk. $hese inter"als# which shall include the time it takes an employee to get to and from the workplace lactation station# shall be counted as compensable hours worked. $he )epartment of *abor and +mployment ()3*+) may ad-ust the same: ro!ided, $hat such inter"als shall not be less than a total of forty (68) minutes for e"ery eight (=)4hour working period.

RA # 67$7 WA,E RATIONALI1ATION ACT S!"#ion 7% <pon written permission of the ma-ority of the employees or workers concerned# all pri"ate establishments# companies# businesses# and other entities with twenty fi"e ('5) or more employees and located within one (1) kilometer radius to a commercial# sa"ings or rural bank shall pay the wages and other benefits of their employees through any of said banks and within the period of payment of wages fixed by !residential )ecree 1o. 66'# as amended# otherwise known as the *abor Code of the !hilippines.