Labor Standards

COVERAGE
General rule: Shall apply to employees in all establishments and undertakings
whether for profit or not.
Exceptions:
(1) Government employees [Art. 82; Art. 76]
(2) Managerial Employees including members of the
managerial staff [Art. 82]
(3) Field Personnel [Art. 82]
(4) Members of the family of the employer who are
dependent on him for support [Art. 82];
(5) Domestic helpers and persons in personal service of
another [Art. 141]
(6) Workers who paid by result as determined by DOLE
regulation [Art. 82]

GOVERNMENT EMPLOYEES
The terms and conditions of employment of all government employees, including
employees of GOCCs, are governed by the Civil Service rules and regulations, not
by the Labor Code. But this exclusion DOES NOT refer to employees of government
agencies and government corporations that are incorporated under the Corporation
Code.
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. [Art. 82, LC]
(1) Their primary duty consists of the management of the establishment in which
they are employed or of a department or sub-division thereof.
(2) They customarily and regularly direct the work of two or more employees
therein.
(3) They have the authority to hire or fire employees of lower rank; 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.

Field Personnel
Those whose performance of their job/service is not supervised by the employer or
his representative, the workplace being away from the principal office and whose
hours and days of work cannot be determined with reasonable certainty.

DEPENDENT FAMILY MEMBERS

Workers who are family members of the employer, and who are dependent on him
for their support, are outside the coverage of this Title on working conditions and
rest periods.
DOMESTIC HELPERS
Mean service in the employers home which is usually necessary or desirable for the
maintenance and enjoyment thereof and includes ministering to the personal
comfort and convenience of the members of the employers household, including
services of family drivers. [Art. 141, LC]
PERSONS IN PERSONAL SERVICE OF ANOTHER
Domestic servants and persons in the personal service of another if they perform
such services in the employers 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 employers
household.
WORKERS PAID BY RESULT
Workers who are paid by results, including those who are paid on piece-work,
takay, pakiao or task basis, and other non-time work if their output rates are in
accordance with the standards prescribed under Section 8, Rule VII, Book Three of
these regulations, or where such rates have been fixed by the Secretary of Labor
and Employment in accordance with the aforesaid Section. The philosophy
underlying the exclusion of piece workers from the 8-hour law is that said workers
are paid depending upon the work they do irrespective of the amount of time
employed in doing said work.

HOURS OF WORK
NORMAL HOURS OF WORK
General Rule: 8-Hour Labor Law. The normal hours of work of any employee shall
not exceed eight (8) hours a day. The law prescribes a maximum and not a
minimum. Thus, part-time work, or a days work less than eight hours, is not
prohibited.
Exception to the 8-Hour Law: Work Hours of Health Personnel
Health personnel in cities and municipalities with a population of at least one million
(1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred
(100) shall hold regular office hours for eight (8)hours a day, for five (5) days a
week, exclusive of time for meals, except where the exigencies of the service
require that such personnel work for six (6) days or forty-eight (48)hours, in which
case, they shall be entitled to an additional compensation of at least thirty percent
(30%) of their regular wage for work on the sixth day.

Rest period
An employee need not leave the premises of the work place in order that his rest
period shall not be counted, it being enough that he stops working, may rest
completely and may leave his work place, to go elsewhere, whether within or
outside the premises of his work place. Lectures, meetings, trainings Attendance at
lectures, meetings, training programs, and other similar activities shall not be
counted as working time if ALL of the following conditions are met:
(1) Attendance is outside of the employees regular working hours;

(2) Attendance is in fact voluntary; and

(3) The employee does not perform any productive work
during such attendance.

MEAL BREAK
Regular meal Subject to such regulations as the Secretary of Labor may prescribe,
it shall be the duty of every employer to give his employees not less than sixty (60)
minutes time-off for their regular meals. Every employer shall give his employees,
regardless of sex, not less than one (1) hour time-off for regular meals
Jurisprudence:
(1) During meal period where the laborers are required to stand by for emergency
work, or where said meal hour is not one of complete rest, such period is considered
overtime.
(2) The eight-hour work period does not include the meal break. Employees are not
prohibited from going out of the premises as long as they return to their posts on
time. [Phil. Airlines, Inc. v. NLRC, 1999]
WAITING TIME
Waiting time spent by an employee shall be considered as working time if waiting is
an integral part of his work or the employee is required or engaged by the employer
to wait
(1) Waiting time spent by the employee shall be considered as working time if
waiting is an integral part of his work or the employee is required or engaged by the
employer to wait.
(2) An employee who is required to remain on call in the employers premises or so
close thereto that he cannot use the time effectively and gainfully for his own
purpose shall be considered as working while on call.
Legal test: Whether waiting time constitutes working time depends upon the
circumstances of each particular case. The facts may show that the employer was
engaged or was waiting to be engaged. The controlling factor is whether waiting
time spent in idleness is so spent predominantly
for the employers benefit or for the employees.
OVERTIME WORK, OVERTIME PAY
Overtime compensation is additional pay for service or work rendered or performed
in excess of eight hours a day by employees or laborers covered by the Eight-hour
Labor Law.
Overtime on ordinary working day
Overtime work. Work may be performed beyond eight (8)hours a day provided that
the employee is paid for the overtime work, an additional compensation equivalent
to his regular wage plus at least twenty-five percent (25%)thereof. [Art. 87, LC]
Overtime work on holiday or rest day
Work 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 (30%) thereof.
Emergency or overtime

Any employee may be required by the employer to perform overtime work in any of
the following cases:
(1) When the country is at war or when any other national or local emergency has
been declared by the National Assembly or the Chief Executive;
(2) When it is necessary to prevent loss of life or property or in case of imminent
danger to public safety due toan actual or impending emergency in the locality
caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other
disaster or calamity;
(3) When there is urgent work to be performed on machines, installations, or
equipment, in order to avoid serious loss or damage to the employer or some other
cause of similar nature;
(4) When the work is necessary to prevent loss or damage to perishable goods; and
(5) Where the completion or continuation of the work started before the eighth hour
is necessary to prevent serious obstruction or prejudice to the business or
operations of the employer. [Art. 89, LC]
Undertime work on any particular day shall not be offset by overtime work
on any other day. Permission given to the employee to go on leave on some other
day of the week shall not exempt the employer from paying the additional
compensation required

NIGHT WORK, NIGHT SHIFT DIFFERENTIAL

Night worker means any employed person whose work requires performance of a
substantial number of hours of night work which exceed a specified limit. This limit
shall be fixed by the Sec of Labor after consulting the workers representatives/labor
organizations and employers.

Night shift differential

The additional compensation of 10% of an employees regular wage for each hour of
work performed between 10pm and 6am.

PART-TIME WORK
A single, regular or voluntary form of employment with hours of work substantially
shorter than those considered as normal in the establishment. This excludes those
forms of employment which, although referred to as part-time work, are in
particular, irregular, temporary or intermittent employment, or in cases where hours
of work have been temporarily reduced for economic, technical or structural
reasons.The wage and benefits of part-time worker are in proportion to the number
of hours worked.

CONTRACT FOR PIECE OF WORK

A contract for the delivery at a certain price of an article which the vendor in the
ordinary course of his business manufactures or procures for the general market,
whether the same is on hand at the time or not, is a contract of sale, but if the
goods are to be manufactured specially for the customer and upon his special order,
and not for the general market, it is a contract for a piece of work.

WAGES
(1) It is the remuneration or earnings, however designated, capable of being
expressed in terms of money,
(2) whether fixed or ascertained on a time, task, piece, or commission basis, or
other method of calculating the same,
(3) which is payable by an employer to an employee
(4) under a written or unwritten contract of employment for work done or to be
done, or for services rendered or to be rendered and
(5) includes the fair and reasonable value, as determined by the Secretary of Labor
and Employment, of board, lodging, or other facilities customarily furnished by the
employer to the employee
(6) Fair and reasonable value - shall not include any profit to the employer, or to any
person affiliated with the employer. [Art. 97(f)]
No work no pay principle
General Rule: a fair days wage for a fair days labor or no work no pay
Exception: when the laborer was able, willing and ready to work but was illegally
locked out, suspended or dismissed, or otherwise illegally prevented from working.

Equal Work for Equal Pay Principle

Employees working in the Philippines, if they are performing similar functions and
responsibilities under similar working conditions should be paid equally. If an
employer accords employees the same position and rank, the presumption is that
these employees perform equal work.
WAGE VS. SALARY
Wages and salary are in essence synonymous.
Wage
Paid for skilled or unskilled manual labor. Not subject to execution, garnishment or
attachment except for debts related to Necessities.
Salary-Paid to white collar workers and denote a higher grade of employment. Not
exempt from execution, garnishment or attachment
COMMISSIONS
Commissions have been defined as the recompense, compensation or reward of an
agent, salesman, executor, trustee, receiver, factor, broker or bailee, when the
same is calculated as a percentage on the amount of his transactions or on the
profit to the principal.
FACILITIES V. SUPPLEMENTS
The distinction between facilities and supplement is relevant because the former
are wage-deductible while the latter is not. Simply put, a wage includes facilities.
WAGE DISTORTION/RECTIFICATION
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 skills, length

of service, or other logical bases of differentiation

4 Elements of wage distortion (ESES)
(1) Existing hierarchy of positions with corresponding salary rates;
(2) A significant change in the salary rate of a lower pay class without a
concomitant increase in the salary rate of a higher one;
(3) The elimination of the distinction between the two levels; and
(4) The existence of the distortion in the same region of the country.
How to Resolve (NGU) Organized Establishment [with bargaining representative]
(1) Employer and the union shall negotiate to correct the distortions.
(2) Disputes shall be resolved through the grievance procedure.
(3) If still unresolved, voluntary arbitration. Grievance Procedure [under the CBA]
if unresolved VOLUNTARY arbitration

Unorganized Establishment
(1) ERs and Employees shall endeavor to correct such distortions.
(2) Disputes shall be settled through the National Conciliation and Mediation Board.
(3) If still unresolved after 10 calendar days of conciliation, it shall be referred to the
appropriate branch of the NLRC compulsory arbitrationBoth the employer and
employee cannot use economic weapons.
(4) Employer cannot declare a lock-out; Employee cannot declare a strike because
the law has provided for a procedure for settling
(5) The salary or wage differential does not need to be maintained.
National Conciliation and Mediation Board if unresolved COMPULSORY
arbitration by the NLRC

EMERGENCY REST DAY WORK

When employer may require work on a rest day The employer may require his
employees to work on any day:
(a) In case of actual or impending emergencies caused by serious accident, fire,
flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of
life and property, or imminent danger to public safety;
(b) In cases of urgent work to be performed on the machinery, equipment, or
installation, to avoid serious loss which the employer would otherwise suffer;
(c) In the event of abnormal pressure of work due to special circumstances, where
the employer cannot ordinarily be expected to resort to other measures;
(d) To prevent loss or damage to perishable goods;
(e) Where the nature of the work requires continuous operations and the stoppage
of work may result in irreparable injury or loss to the employer; and
(f) Under other circumstances analogous or similar to the foregoing as determined
by the Secretary of Labor.

HOLIDAY PAY/PREMIUM PAY

Holiday pay is a one-day pay given by law to an employee even if he does not work
on a regular holiday. This gift of a days pay is limited to each of the 12 regular
holidays.

REGULAR HOLIDAYS
Proclamation No. 459 signed by President Aquino on 16 August 2012, provides for
the observance of the regular holidays and special [non-working] days for the year
2013 on the following dates:
Regular Holidays
(1) New years Day - January 1 (Tuesday)
(2) Maundy Thursday March 28
(3) Good Friday March 29
(4) Araw ng Kagitingan April 9 (Tuesday)
(5) Labor Day May 1 (Wednesday)
(6) Independence Day June 12 (Wednesday)
(7) National Heroes Day August 26 (Last Monday of
August)
(8) Bonifacio Day November 30 (Saturday)
(9) Christmas Day - December 25
(10) Rizal Day - December 30 (Monday)
(11) Eidl Fitr date to be determined later
(12) Eidl Adha date to be determined later

Special (Non-Working Days)

(1) Black Saturday March 30
(2) Ninoy Aquino Day - August 21 (Wednesday)
(3) All Saints Day - November 1 (Friday)
(4) Additional special (Non-working) days November 2
(Saturday)
(5) December 24 (Tuesday)
(6) Last Day of the Year - December 31
Special Holiday (for all schools)
EDSA Revolution Anniversary February 25 (Monday)
Work on any regular holiday,
not exceeding 8 hours 200% of regular daily wage

Work on any regular holiday, if it exceeds 8 hours/overtime 200% of regular daily

wage (for the 1st 8 hours)+ 30% of hourly rate on said day
Work on any regular holiday which falls on the scheduled rest day, not exceeding 8
hours 200% of regular daily wage + 30% of such amount
Work on any regular holiday which falls on scheduled rest day, if it exceeds 8
hours/overtime-Regular holiday-on-rest day rate (200% of regular daily wage plus
30% of such amount) + 30% of hourly rate on said day.
Work on special holiday not exceeding 8 hours- Regular daily wage + 30% thereof
Work on special holiday Regular daily wage + 50% thereof
Double holiday pay
According to DOLE Explanatory Bulletin on Workers Entitlement to Holiday Pay on
9 April 1993, if two holidays fall on the same day:
(1) If unworked, 200% of basic wage.
(2) If worked, 300% of basic wage. [Azucena]
Double Holiday Rule for Monthly-paid employees For covered employees whose
monthly salaries are computed based on 365 days and for those other employees
who are paid using factor 314, or 262, or any other factor which already considers
the payment for the 11 regular holidays, NO additional payment is due them.
Premium Pay
Premium pay refers to the additional compensation for work performed within 8
hours on nonwork days, such as rest days and special days.

LEAVES
SERVICE INCENTIVE LEAVE PAY
Right to service incentive leave. Every employee who has rendered at least one
year of service shall be entitled to a yearly service incentive leave of five days with
pay.
MATERNITY LEAVE
Every woman in the private sector, whether married or unmarried, is entitled to the
maternity leave benefits.
Conditions to entitlement
Requisites
(1) Employment: A female employee employed at the time of delivery, miscarriage
or abortion
(2) Contribution: who has paid at least 3 monthly contributions in the 12-month
period immediately preceding the semester of her childbirth, or miscarriage.
(3) Notice: employee notified employer of her pregnancy and the probable date of
her childbirth, which notice shall be transmitted to the SSS in accordance with the
rules and regulations it may provide.

PATERNITY LEAVE
Paternity leave is granted to all married male employees in the private and public

sectors, regardless of their employment status (e.g. probationary, regular,

contractual, project basis). The purpose of this benefit is to allow the husband to
lend support to his wife during her period of recovery and/or in nursing her newborn
child.
Benefit
It shall apply to the first 4 deliveries of the employees lawful wife with whom he is
cohabiting. It shall be for 7 calendar days, with full pay, consisting of basic salary
and mandatory allowances fixed by the Regional Wage Board, if any, provided that
his pay shall not be less than the mandated minimum wage. Cohabiting means the
obligation of the husband and wife to live together. If the spouses are not physically
living together because of the workstation or occupation, the male employee is still
entitled to the paternity leave benefit.

PARENTAL LEAVE
RA 8972 (Solo Parents Welfare Act of 2000)
Leave benefits granted to a solo parent to enable him/her to perform parental
duties and responsibilities where physical presence is required. (Parental Leave for
Solo Parents, RA 8972)
LEAVES FOR VICTIMS OF VIOLENCE AGAINST WOMEN
VAWC leave is granted to women employees who are victims of violence, as defined
in RA 9262. The leave benefit covers the days that the women employee has to
attend to medical or legal concerns.

Special Leave Benefits (SLB) For Women

Special leave benefit for women means a female employees leave entitlement of
two (2) months with full pay from her employer based on her gross monthly
compensation following surgery caused by gynecological disorders, provided that
she has rendered continuous aggregate employment service of at least six (6)
months for the last 12 months.
THIRTEENTH (13TH) MONTH PAY AND OTHER BONUSES
(1) To further protect the level of real wages from the ravage of world-wide inflation;
(2) There has been no increase in the legal minimum wage rates since 1970;
(3) The Christmas season is an opportune time for society to show its concern for
the plight of the working masses so they may properly celebrate Christmas and New
Year.
ALL EMPLOYERS are hereby required to pay all their rank and file employees a 13th
month pay not later than Dec 24 of every year,(a) Provided that they have worked
for at least one (1)month during a calendar year. NATURE OF THE 13TH MONTH PAY
Amount and Date of Payment Minimum Amount: 1/12 of the total basic salary
earned by an employee within a calendar year for the year 1987.

SEPARATION PAY
Separation pay is defined as the amount that an employee receives at the time of
his severance from the service and is designed to provide the employee with the
wherewithal during the period that he is looking for another employment. The rule
embodied in the Labor Code is that a person dismissed for cause as defined therein
is not entitled to separation pay. EXCEPTION Considerations of equity as in the An

employee who voluntarily resigns is not entitled to separation unless stipulated in

the employment contract, or the collective bargaining agreement, or is sanctioned
by established practice or policy of the employer
AMOUNT
One-Half (1/2) Month Pay per Year of Service An EE is entitled to receive separation
pay equivalent to month pay for every year of service, a fraction of at least six (6)
months being considered as one whole year, if his/her separation from the service is
due to any of the following authorized causes:
(1) Retrenchment to prevent losses [i.e. reduction of personnel effected by
management to prevent losses];
(2) Closure or cessation of operation of an establishment not due to serious losses
or financial reverses; and,
(3) When the EE is suffering from a disease not curable within a period of six (6)
months and his/her continued employment is prejudicial to his/her health or to the
health of his/her co-employees
In no case will an EE get less than one (1) month separation pay if the separation is
due to the above stated causes and he/she has served for at least six (6) months.

RETIREMENT PAY
RA 7641 is undoubtedly a social legislation. The law has been enacted as a labor
protection measure and as a curative statute that absent a retirement plan devised
by, an agreement with, or a voluntary grant from, an employer can respond, in part
at least, to the financial well-being of workers during their twilight years soon
following their life of labor. There should be little doubt about the fact that the law
can apply to labor contracts still existing at the time the statute has taken effect,
and that its benefits can be reckoned not only from the date of the law's enactment
but retroactively to the time said employment contracts have started.

WOMEN WORKERS
PROVISIONS AGAINST DISCRIMINATION
It shall be unlawful for any employer to discriminate against any woman employee
with respect to terms and conditions of employment solely on account of her sex.
The following are acts of discrimination:
(1) Payment of a lesser compensation, including wage, salary or other form of
remuneration and fringe benefits, to a female employees as against a male
employee, for work of equal value; and
(2) Favoring a male employee over a female employee with respect to promotion,
training opportunities, study and scholarship grants solely on account of their sexes.
[Art. 135 LC]

STIPULATION AGAINST MARRIAGE

It shall be unlawful for an employer to require as a condition of employment or
continuation of employment that a woman employee shall not get married, or to

stipulate expressly or tacitly that upon getting married a woman employee shall be
deemed resigned or separated or to actually dismiss, discharge, discriminate or
otherwise prejudice a woman employee merely by reason of her marriage.

PROHIBITED ACTS
Discharge to prevent enjoyment of benefits [Art 137(a
(1)] To deny any woman employee the benefits provided for in this Chapter or to
discharge any woman employed by him for the purpose of preventing her from
enjoying any of the benefits provided under this Code.
Discharge on account of pregnancy [Art 137(a)
(2)]To discharge such woman on account of her pregnancy, while on leave or in
confinement due to her pregnancy.
Discharge on account of testimony [Art 137(a)
(3)To discharge or refuse the admission of such woman upon returning to her work
for fear that she may again be pregnant.

ANTI-SEXUAL HARASSMENT ACT [RA 7877]

Sexual Harassment in Employment or Work Related
(1) The sexual favor is made as a condition
(a) in the hiring or in the employment, re-employment or continued employment of
said individual or
(b) in granting said individual favorable compensation, terms, conditions,
promotions, or privileges, or
(c) in the refusal to grant the sexual favor results in limiting, segregating or
classifying the EE which in any way would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said employee;
(2) The above acts would either:
(a) impair the employees rights or privileges under existing labor laws; or
(b) result in an intimidating, hostile, or offensive environment for the employee.

SEXUAL HARASSMENT in Education or Training environment

In an education or training environment, sexual harassment is committed: (CECI)
(a) Against one who is under the care, custody or supervision of the offender
(b) Against one whose education, training, apprenticeship or tutorship is entrusted
to the offender;
(c) When the sexual 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
(d) When the sexual advances result in an intimidating, hostile or offensive
environment for the result, trainee or apprentice.

Persons who may be liable

(1) Any employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainer or any other person, regardless of whether the
demand, request for requirement for submission is accepted by the object of said
act having authority, influence or moral ascendancy over another in a work or
training or education environment, who demands, requests or otherwise requires
any sexual favor from another,
(2) Any person who directs or induces another to commit any act of sexual
harassment as herein defined. OR
(3) Any person who cooperates in the commission by another without which it would
NOT have been committed, shall also be held liable under this Act
Role of the employer or Head of Office
The Employer or Head of Office shall have the duty:
(1) to prevent the commission of such acts and
(2) to lay down the procedure for the resolution, settlement or prosecution of
committed acts.

He shall be solidarily liable for damages:

(1) if he is informed of such acts by the offended party and
(2) no immediate action is taken thereon

MINOR WORKERS [RA 7610, RA 9231]

General Rule: Children below 15 shall NOT be employed

Exceptions
(1) Child works directly under the sole responsibility of his parents or legal guardian
and where only members of the ERs family are employed, provided:
(2) his employment does NOT endanger his life, safety, health and morals,
(3) nor impairs his normal development, and
(a) the parent or legal guardian shall provide the said minor child with the
prescribed primary and/or secondary education;
(4) childs employment or participation in public entertainment or information
through cinema, theater, radio or television is essential, provided that:
(a) employment does NOT involve ads or commercials promoting alcohol, tobacco
and its by-products or
violence
(b) the employment contract is concluded by the childs parents or guardian, and
approved by DOLE
(c) The ER shall ensure the protection, health, safety and morals of the child.
(d) The ER shall institute measures to prevent the childs exploitation or
discrimination taking into account the system and level of remuneration, and the

duration and arrangement of working time

(e) The ER shall formulate and implement, subject to the approval and supervision
of competent authorities, a continuing program for training and skills acquisition of
the child. [Sec. 12 of RA 7610 as amended by RA 7658]
EMPLOYMENT OF CHILDREN FROM 15 TO 18 - allowed but restricted to nonhazardous undertakings.
Below 15 y 4 hours 20 hours
15 to below 18 8 hours 40 hours
Night work prohibition
Below 15 y 8 pm to 6 am (10 hrs)
15 to below 18 10 pm to 6 am (8 hrs)

EMPLOYMENT OF HOUSEHELPERS
"Domestic or household services" shall mean service in the ER's home, which is
usually necessary or desirable for the maintenance and enjoyment thereof and
includes ministering to the personal comfort and convenience of the members of
the ER's household, including services of family drivers.
Compensation
Minimum wage rates shall be equivalent to the basic cash wages plus lodging, food
and medical attendance.
SSS Membership
Those househelpers who are receiving at least One thousand pesos (P1,000.00)
shall be covered by the Social Security System (SSS) and be entitled to all the
benefitsprovided thereunder.
Time and Manner of Payment
Wages shall be paid directly to the househelper to whom they are due at least once
a month. No deductions therefrom shall be made by the employer unless authorized
by the househelper himself or by existing laws.
Opportunity for education if househelper is below 18 years
(1) ER shall provide for at least elementary education;
(2) cost shall be part of the EEs compensation UNLESS otherwise agreed upon.
Just and humane treatment
The employer shall treat the househelper in a just and humane manner. In no case
shall physical violence be used upon the househelper Board, lodging and medical
attendance shall be furnished by employer
Household work - Non-hazardous work for persons between 15-18 years old.
Contract for Domestic Service shall NOT exceed 2 years but renewable annually.
Hours of Work - House helpers shall NOT be required to work more than ten hours a
day.
Vacation with Pay - Shall be allowed 4 paid vacation days per month.
Funeral Expenses

In case of death of the house helper:

(1) The head of the family shall bear the funeral expenses
(2) If the house helper has no relatives in the place where the head of the family
lives, with sufficient means.
EMPLOYMENT OF HOMEWORKERS
Homeworker applies to any person who performs industrial homework for an
employer, contractor, or sub-contractor.
HANDICAPPED WORKERS OR DIFFERENTLY ABLED WORKERS
Disabled Persons are those suffering from restriction or different abilities, as a
result of a mental, physical or sensory impairment, to perform an activity in the
manner or within the range considered normal for a human being.
RIGHTS OF DIFFERENTLY ABLED WORKERS
1. Equal opportunity for employment - No disabled person shall be denied
access to opportunities for suitable employment. . A qualified disabled EE
shall be subject to the same terms and conditions of employment and the
same compensation, privileges, benefits, fringe benefits, incentives or
allowances
2. Reserved contractual positions 5% of all casual, emergency and contractual
positions in the DSWD; DOH, DepEd; and other government agencies, offices
or corporations engaged in social development shall be reserved for disabled
persons.
3. Sheltered employment If suitable employment for disabled persons cannot be
found through open employment as provided in the immediately preceding
Section, the State shall endeavor to provide it by means of sheltered
employment.
4. Apprenticeship opportunity . Disabled persons shall be eligible as apprentices
or learners: Provided, that their handicap is NOT as much as to effectively
impede the performance of job operations in the particular occupation for
which they are hired; provided, further, That after the lapse of the period of
apprenticeship, if found satisfactory in the job performance, they shall be
eligible for employment.
5. Full minimum wage All qualified handicapped workers shall receive the full
amount of the minimum wage rate prescribed herein
6. Discounts and other privileges

PROHIBITIONS ON DISCRIMINATION AGAINST DISABLED PERSONS

Discrimination of Employment
No entity, whether public or private shall discriminate against a qualified disabled
person by reason of disability in regard to job application procedures, the hiring,
promotion, or discharge of employees compensation, job training and other terms,
conditions and privileges of employment.
Prohibition on Verbal, Non-Verbal Ridicule and Vilification
Against Persons with Disability
Public Ridicule
The act of making fun of or contemptuous imitating or making mockery of persons
with disability whether in writing, or in words, or in action due to their impairments.

Prohibition - RIDICULE
No individual, group or community shall execute any of these acts of ridicule against
persons with disability in any time and place which could intimidate or result in loss
of self-esteem of the latter.

Prohibition - VILIFICATION
Any individual, group or community is hereby prohibited from vilifying any person
with disability which could result into loss of self-esteem of the latter.

INCENTIVES FOR EMPLOYERS

Tax incentives for employment of disabled persons
Private entities that employ disabled persons who meet the required skills or
qualifications, either as regular employee, apprentice or learner, shall be entitled to
an additional deduction, from their gross income, equivalent to 25% of the total
amount paid as salaries and wages to disabled persons: Provided, however, That
such entities present proof as certified by the Department of Labor and Employment
and the Department of Health as to his disability, skills, and qualifications

REPORTED BY : MARICEL B. PADIERNOS