Professional Documents
Culture Documents
employment contract.
However, the principal shall be deemed the direct employer of
the contractors employee in cases where there is a finding by a
competent authority of labor-only contracting, commission of
prohibited activities or violation of the rights of the contractors
employees or of the required contracts under the Rules.
Bond - equal to the cost of labor under contract; may also refer
to the security or guarantee posted by the principal for the
payment of the services of the contractors under the Service
Agreement
Cabo - a person or a group of persons or a labor group which,
in the guise of a labor organization, cooperative or any entity,
supplies workers to an employer, with or without any monetary
or other consideration, whether in the capacity of an agent of
the employer or as an ostensible independent contractor
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
b.
e.
f.
g.
h.
a.
b.
c.
i.
c.
b.
c.
d.
e.
f.
g.
Except when the child is below 7 years old i. Proof that the child is enrolled and regularly attending
elementary or secondary school classes, consisting of
certificate of enrollment for the current year or current
school identification or report card; or
ii. If the child is not enrolled, a brief description of the
program for education, training and skills acquisition
for the child.
An authenticated copy of the childs Birth Certificate or a
Certificate of late Registration of Birth issued by the NSO
or the city/municipal registrar;
A medical certificate issued by a licensed physician stating
that he/she has personally examined the child for whom a
work permit is being secured, and that the child is fit to
undertake the work in which he/she is to be engaged. Such
certificate must bear in print the certifying physicians full
name and his/her license number;
Two passport size photographs of the child;
When the employer is the parent, guardian, or a family
member other than the parent of the child, he/she shall
present any valid document such as latest passport, latest
postal/company identification card, and drivers license
establishing his/her identity. A legal guardian is likewise
required to present a duly authenticated proof of legal
guardianship while a family member shall present any
proof of relationship to the child;
When the employer is in public entertainment or
information, he/she shall submit a certified true copy of the
employers business permit or certificate of registration and
a written employment contract to be approved by the
Department. An express agreement of the child to the
provisions of the contract is needed when such child is
between seven and below 15 years of age.
The work permit shall state the period of its validity based on
the employment contract of the application for work permit, as
the case may be. However, the period of validity shall in no case
exceed one year.
TN: In public entertainment or information, the requirements
for the issuance of work permit shall not be applicable to the
employment of spot extras or those being cast outright on the
day of the filming or taping. Instead, the employer shall file a
notice with the Regional Office where the work is to be
performed that it will undertake activities involving child work.
The wages, salaries, earnings and other income of the
working child belong to him/her in ownership and shall be set
aside primarily for his/her support, education, or skills
acquisition and secondarily to the collective needs of the family,
provided that not more than 20% of the childs income may be
used for the collective needs of the family.
The income of the working child and/or the property
acquired through his/her work shall be administered by both
parents.
In the absence of or incapacity of either of the parents, the other
parent shall administer the same. In case both parents are absent
or incapacitated, the below order of preference on parental
authority shall be followed:
a. The surviving grandparent OR the one designated by the
court, in case several survive, taking into account all
relevant considerations, especially the choice of the child
over seven years of age, unless the grandparent chosen is
unfit;
b. The oldest brother or sister, over 21 years of age, unless
unfit or disqualified; and
c. The childs actual custodian over 21 years of age, unless
unfit or disqualified.
The income of the working child shall be deposited in a Trust
Classification published
Coordination Board
by
the
National
Statistics
c.
d.
i.
b.
c.
d.
e.
After issuance of AEP, they shall apply for a 9(g) working visa
with BI.
An approved application for a 9(g) working visa shall be
valid for a period of 3 years or for a period co-terminus
with the AEP issued by the DOLE, whichever is shorter.
TN: In the case of Iloilo Doc & Engineering Co. Vs. Workmens
Compensation Commission, G.R. No. L-26341, November 27, 1968,
the SC held that the general rule in workmen's compensation law,
known as the going & coming rule, states that, in the absence of
special circumstances, an employee injured in, going to, or coming
from his place of work is excluded from the benefits of workmen's
compensation acts. This rule, however, admits of exceptions, to wit:
a. where the employee is proceeding to or from his work on the
premises of his employer;
b. where the employee is about to enter or about to leave the
premises of his employer by way of the exclusive or customary
means of ingress and egress;
c. where the employee is charged, while on his way to or from his
place of employment or at his home, or during his employment,
with some duty or special errand connected with his
employment; and
d. where the employer, as an incident of the employment, provides
the means of transportation to and from the place of
employment.
b.
c.
d.
In the same case, the SC discussed about the proximity rule, as an
exception to the going and coming rule, which states that an
employee is generally considered to be in the course of his
employment while coming to or going from his work, when, though
off the actual premises of his employer, he is still in close proximity
thereto, is proceeding diligently at an appropriate time, by
reasonable means, over the natural, practical, customary, convenient
and recognized way of ingress, or egress either on land under the
control of the employer, or on adjacent property with the express or
implied consent of the employer.
However, in ECC Circular No. 03-709 issued on July 22, 2009, the
following are considered work connected injuries, which are
compensable:
a. While on special errand. An Injury sustained by an employee