LEAVES

6. Those enjoying vacation leave with pay of

at least five days;
7. Those
employed
in
establishments
regularly employing less than ten
employees

SERVICE INCENTIVE LEAVE (SIL) PAY

Concept: 5 days leave w/ pay for every EE who
has rendered at least 1 yr of
service

Employees engaged on task/contract basis

or paid purely commission basis are not

MEANING OF AT LEAST ONE YEAR OF

SERVICE
Service for not less than 12 months, whether
continuous or broken reckoned from the date
the employee started working, including
authorized absences and paid regular
holidays.

automatically exempted from the SIL unless

they fall under the classification of field
personnel.
COMMUTABLE NATURE OF BENEFIT
SIL is COMMUTABLE or convertible to cash if
not used or exhausted at the end of the year.
Furthermore, if the employee entitle to service
incentive leave does not use or commute the
same, he is entitled upon his resignation or
separation from work to the combination of his
carried service incentive leave.

EXCEPT:
the working days in the establishment as a

matter of practice or policy is less than 12

mos.

Employment contract is less than 12 months

Basis of conversion: the salary rate at the

date of commutation

EXCLUSION FROM COVERAGE

Right to SIL does not apply to those who
are:

MATERNITY LEAVE
MATERNITY LEAVE UNDER THE SSS LAW

1. Those of the government and any of its

political
subdivisions,
including
government-owned
and
controlled
corporations;
2. Domestic helpers and persons in the
personal service of another;
3. Managerial employees;
4. Field personnel and other employees
whose performance is unsupervised by the
employer including those who are engaged
on task or contract basis, purely
commission basis, or those who are paid a
fixed amount for performing work
irrespective of the time consumed in the
performance thereof;
5. Those who are already enjoying the benefit
herein provided;

A female member, who need not be legally

married, who has paid for at least three(3)
monthly contributions in the 12-month period
immediately preceding the semester of her
childbirth or miscarriage shall be paid a daily
maternity benefit equivalent to 100% of her
average daily salary credit for 60 days or 78
days, in case of caesarian delivery.
REQUISITES :
1. Employee notified her employer of her
pregnancy of the probable date of her
childbirth;
2. Full payment be advanced by the employer
within 30 days from the filing of the
maternity leave application;

3. That payment of daily maternity benefits

shall be a bar to the recovery of sickness
benefits;
4. That the maternity benefits shall be paid
only for the first four (4) deliveries or
miscarriages;
5. That the SSS shall immediately reimburse
the employer of 100% of the amount of
maternity benefits advanced to the
employee by the employer
6. That if an employee member should give
birth or suffer a miscarriage without the
required contributions having been remitted
for her by her employer to the SSS, or
without the latter having been previously
notified by the employer of the time of the
pregnancy, the employer shall pay to the
SSS damages equivalent to the benefits
which said employee member would
otherwise have been entitled to

recovery and/or in the nursing of the newly

born child.
CONDITIONS FOR ENTITLEMENT:
1. The claimant, a married male employee, is
employed at the time of delivery of his
child;
2. He is cohabiting with his spouse at the time
she gives birth or suffers a miscarriage;
3. He has applied for paternity leave;
4. His wife has given birth or suffered a
miscarriage.
WIFE pertains to lawful wife; woman legally
married to subject male employee
AVAILMENT
Paternity leave benefits shall be granted to the
qualified employee after the delivery by his
wife, without prejudice to an employer allowing
an employee to avail of the benefit before or
during the delivery; provided, that the total
number of days shall not exceed seven (7)
days for each delivery.

LIMIT OF THE BENEFIT: Applies only for the

first four deliveries irrespective of who is the
father of the children, and may not be availed
of in addition to sickness benefit under the
SocialSecurity program.

Where the male employee is already enjoying

the paternity leave by reason of any law,
decree, executive orders or any contract,
agreement or policy between the employer and
employee and the existing paternity benefit is
greater, the greater benefit shall prevail; if
lesser, the existing benefit shall be adjusted to
the extent of the difference

PATERNITY LEAVE
R.A. 8187, Paternity Leave Act of 1996
COVERAGE
R.A. 8187 grants 7 working days of paternity
leave with full pay to married male employees
in the private and public sectors. (Sec. 1(a),
RA 8187 IRR)

Republic Act No. 8972 SOLO PARENTS

WELFARE ACT OF 2000

It is available only for the first four deliveries of

the legitimate spouse with whom the husband
is cohabiting.

"Solo parent" 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 keeps
and raises the child;

DELIVERY includes childbirth, miscarriage,

or abortion.
Purpose: to enable the husband to lend
support to his wife during the period of

2. Parent left solo or alone with the

responsibility of parenthood due to death of
spouse;
3. Parent 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;
4. Parent left solo or alone with the
responsibility of parenthood due to physical
and/or mental incapacity of spouse as
certified by a public medical practitioner;
5. Parent 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
he/she is entrusted with the custody of the
children;
6. Parent 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 he/she is entrusted with
the custody of the children;
7. Parent left solo or alone with the
responsibility of parenthood due to
abandonment of spouse for at least one (1)
year;
8. Unmarried preferred of mother/father has
instead give who child/children to keep
having welfare and others rear care her/his
or ;
9. Any other person who solely provides
parental care and support to a child or
children;
10. 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.

conditions of employment on account of

his/her status.
SECTION 8. Parental Leave. In addition to
leave privileges under existing laws, parental
leave of not more than seven (7) working days
every year shall be granted to any solo parent
employee who has rendered service of at least
one (1) year.
Other benefits available to solo parents:
Subject to income thresholds (poverty
threshold) set by the National Economic and
Development Authority (NEDA) and subject to
the assessment of the DSWD worker in the
area, solo parents shall be entitled to the
following:
Educational benefits, including scholarship
programs for qualified solo parents and their
children in institutions of basic, tertiary and
technical/skills education, and nonformal
education programs appropriate for solo
parents and their children.
Housing benefits, including allocation in
government low-cost housing projects, with
liberal terms of payment.
Medical assistance, with comprehensive
health care programs for solo parents and their
children to be implemented by the DOH
through their retained hospitals and medical
centers and the local government units (LGUs)
through their provincial/district/city/municipal
hospitals and rural health units (RHUs).
LEAVES FOR VICTIMS OF VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN
RA 9262, otherwise known as Anti Violence
against Women and Children

SECTION 7. Work Discrimination. No

employer shall discriminate against any solo
parent employee with respect to terms and

"Violence against women and their children"

refers to any act or a series of acts committed
by any person against a woman who is his
wife, former wife, or against a woman with

whom the person has or had a sexual or

dating relationship, or with whom he has a
common child, or against her child whether
legitimate or illegitimate, within or without the
family abode, which result in or is likely to
result in physical, sexual, psychological harm
or suffering, or economic abuse including
threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.

solely/controlling the victims own money or

properties
SEC.8. Protection Orders - A protection order
is an order issued under this act for the
purpose of preventing further acts of violence
against a woman or her child specified.
Purpose :
to safeguard victim from further harm,
minimizing any disruption in the victims daily
life, and facilitating the opportunity and ability
of the victim to independently regain control
over her life.

It includes, but is not limited to, the following

acts:
Physical Violence
Sexual violence
Psychological Violence
Economic Abuse

The provisions of the protection order shall be

enforced by law enforcement agencies. The
protection orders that may be issued under this
Act are the:

Psychological violence - acts or omissions

causing or likely to cause mental or emotional
suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to
property, public ridicule or humiliation,
repeated verbal abuse and mental infidelity.
It includes causing or allowing the victim to
witness the physical, sexual or psychological
abuse of a member of the family to which the
victim belongs, or to witness pornography in
any form or to witness abusive injury to pets or
to unlawful or unwanted deprivation of the right
to custody and/or visitation of common
children.
Economic abuse refers to acts that make or
attempt to make a woman (or child) financially
dependent which includes, but is not limited to
the following:
withdrawal of financial support or preventing
the victim from engaging in any legitimate
profession, occupation, business or activity;
deprivation or threat of deprivation of financial
resources and the right to the use and
enjoyment of the conjugal, community or
property owned in common;
destroying household property;

Barangay Protection Order (BPO)

Temporary Protection Order (TRO)
Permanent Protection Order (PRO)
Prohibition of the respondent from threatening
to commit or committing, personally or
through another, any of the acts mentioned in
Section 5 of this Act;
Prohibition of the respondent from harassing,
annoying,
telephoning,
contacting
or
otherwise communicating with the petitioner,
directly or indirectly;
Removal and exclusion of the respondent from
the residence of the petitioner, regardless of
ownership of the residence;
Directing the respondent to stay away from
petitioner child from the residence, school,
place of employment, or any specified place
frequented by the petitioner/child

 Directing respondent to allow petitioner/child to

sue automobile and other essential personal
effects,

Usage of the 10 day leave is at the option of

the woman employee. It shall cover the day
or days when she will have to attend to

Granting a temporary or permanent custody of

a child/children to the petitioner;
Directing the respondent to provide support to
the woman and/or her child if entitled to legal

medical and legal concerns.

Leaves not availed of are non-cumulative and
not convertible to cash.
An employer who denies the application for
BWL, or who prejudices any person assisting
the woman employee, may be held liable for
discrimination and violation of RA No. 9262 or
its implementing rules and regulations.

support.
Sec.25. Public Crime - Violence against
women and their children shall be considered
a public offense which may be prosecuted
upon the filing of a complaint by any citizen
having
personal
knowledge
of
the
circumstances involving the commission of the
crime.

SERVICE CHARGES
Service charges apply only to establishments
collecting service charges such as hotels,
restaurants, lodging houses, night clubs,
cocktail lounge, massage clinics, bars, casinos
and gambling houses, and similar enterprises,
including those entities operating primarily as
private subsidiaries of the Government.

Battered Woman Leave or BWL

Allows the victim of violence, which may be
physical, sexual, or psychological, to apply for
the issuance of a protection order that will
shield her from further violence and provide
her related reliefs.

COVERAGE:
ALL
EMPLOYEES
OF
COVERED
EMPLOYERS, regardless of their positions,
designations or employment status, and
irrespective of the method by which their
wages are paid, are entitled to service
charges. (IRR Section 2, Rule VI, Book 3)

CONDITIONS FOR ENTITLEMENT

The victim must be an employee. If she is
such, she is entitled to a paid leave of up to
10 days in addition to other paid leaves

EXCLUSION :
Managerial employees are excluded.

under the Labor Code, other laws and

company policies.

DISTRIBUTION

The employee has to submit a certification

from the Punong Barangay or Kagawad or
prosecutor or Clerk of Court that an action

85% distributed equally among

under RA 9262 has been filed and is

the covered employees

pending.

15% for management; viz., the disposition by

management to answer for losses and

AVAILMENT

breakages and distribution to managerial

worked for at least 1 month during a calendar

year.

staff employees at the discretion of the

management in the latter case

EXCLUSIONS or EXEMPTIONS
COVERAGE OF 13TH MONTH PAY

The service charges are distributed and paid

to the employees not less than once every 2
weeks or twice a month at intervals not

FROM

1. Government and any of its political

subdivisions, including GOCCs with
original charters.
Exception:
Corporations operating essentially as private
subsidiaries of the Government, e.g., without
original charters

exceeding 16 days
Supervisors share in the 15%. (LC speaks of
management,
and
not
managerial
employees.)
INTEGRATION
In case the service charge is abolished, the
share of covered employees shall be
considered integrated in their wages.

2.
Employers
already
paying
their
employees 13th month pay or more in a
calendar year or its equivalent at the time
of issuance of PD 851;

The basis of the amount to be integrated shall

be the average monthly share of each
employee for the past twelve (12) months
immediately preceding the abolition or
withdrawal of such charges. (IRR Section 5,
Rule VI, Book 3)

Its equivalent includes Christmas bonus,

mid-year bonus, cash bonuses and other
payments amounting to not less than 1/12 of
the basic salary but shall not include cash and
stock dividends, COLA and all other
allowances regularly enjoyed by the employees
as well as non-monetary benefits.

TIPS
The pooled tips should be monitored,
accounted for and distributed in the same
manner as the service charges. (DOLE
Handbook on Workers Statutory Monetary
Benefits)

3. Employers of household helpers and

persons in the personal service of another
in relation to such workers;

THIRTEENTH MONTH PAY

4. Distressed employers:

WHO ARE ENTITLED TO 13TH MONTH PAY:

GENERAL RULE:
Only the rank-and-file employees are entitled
to the 13th month pay. (House of Sara Lee
vs. Rey, G.R. No. 149013, August 31, 2006,
500 SCRA 419 citing Salafranca vs.
Philamlife
Village
Homeowners
Association, Inc. 300 SCRA 469 [1982].)

1. currently incurring substantial losses or

2. in the case of non-profit institutions and
organizations,
where their income, whether from
donations, contributions, grants and other
earnings from any source, has consistently
declined by more than forty (40%) percent
of their normal income for the last two (2)
years, subject to the provision of Section 7
of
this
issuance;

Such employees are entitled to the benefit

regardless of their designation or employment
status and irrespective of the method by which
their wages are paid, provided that they have

5. Employers of those who are paid on

commission, boundary, or task basis, and
those who are paid a fixed amount for
performance
of
a
specific
work,
irrespective of the time consumed in the
performance thereof.

basic salary is excluded as basis in the

computation of the 13th month pay.
WHAT BASIC SALARY INCLUDES FOR
PURPOSES OF 13TH MONTH PAY
COMPUTATION:
all remuneration or earnings paid by his
employer for services rendered

Exception: Where the workers are paid on a

piece- rate basis, in which case the employer
shall grant the required 13th month pay to
such workers.

BUT EXCLUDE:
ALL allowances and monetary benefits which
are NOT considered or integrated as part of
the regular or basic salary, such as the cash
equivalent of unused vacation and sick leave
credits, overtime premium, night differential
and holiday pay, and cost-of-living allowances.
Section4(a),paragraph4.TheRevisedGuidelines
ontheImplementationof the 13th month pay
issued on November 16, 1987.

ELIMINATION OF THE P1,000.00/MONTH

CEILING
Before, the 13th month pay only applied to
workers receiving a basic salary of not more
than P1,000 per month, regardless of the
nature of employment.
At present, MO No. 28, issued by President
Aquino on August 13, 1986, removed the
P1,000 salary ceiling, thus entitling to the 13th
month pay ALL RANK & FILE EMPLOYEES,
regardless of salary rate, but still excluding
managerial or supervisory employees

Are commissions included in computing

13th month pay?
a. if the commission form part of the
employees basic salary, then this will
likewise be included in the computation
of 13th month pay.
b. If the commissions were in the nature of
profit-sharing bonuses( productivity
bonuses), then these do not form part of
the basic-salaray and should not
included in the computation of the 13th
month pay.

Purpose for the grant of 13th month pay.

(Honda Phil., Inc. vs. Samahan ng Malayang
Manggagawa sa Honda, 460 SCRA 186
[2005].)
The 13th month pay is primarily given to
alleviate the plight of the workers and to help
them cope with the exorbitant increases in the
cost of living.

WOMEN WORKERS
NIGHTWORK PROHIBITION
No woman , regardless of age, shall be
employed or permitted or suffered to work, with
or without compensation in any :
1. Industrial undertaking between 10PM-6AM
2. Commercial/Non-Industrial
undertaking
between 12 MN-6AM
3. Agricultural undertaking at nighttime
unless, she is given a period of rest of not
less than 9 consecutive hours.
EXCEPTIONS

How much is the 13th month pay?

The minimum 13th month pay required by law
shall not be less than one-twelfth (1/12) of the
total basic salary earned by an employee
within a calendar year.
Basis in computing 13th month pay.
The basic salary of an employee is used as
the basis in determining his 13th month pay.
Any compensation or remuneration not part of

1. Actual/Impending Emergencies caused by

serious accident, flood, typhoon, epidemic
or other disasters or calamity, to prevent
loss of life or property, or in cases of force
majeure or imminent danger to public
safety;
2. Urgent work to be performed on
machineries, equipment or installation, to
avoid serious loss;
3. Work is necessary to prevent serious loss
of perishable goods ;
4. Where she holds a responsible position of
managerial/technical nature/engaged to
provide health and welfare service ;
5. Nature of the work requires the manual
skill and dexterity of women workers &
cannot be performed with equal efficiency
by male workers ;
6. Where women workers are immediate
family members of the family operating the
establishment or undertaking ; and
7. Analogous cases

respect to terms and conditions of employment

solely on account of her sex.
Acts of Discrimination:
1. Payment of a lesser compensation for work
of equal value.
2. Favoring a male employee over a female
employee solely on the account of their
sexes.
Sexual Harassment in a Work-Related or
Employment Environment :
1. the sexual favor is made as a condition in
the hiring or in the employment, reemployment or continued employment of
said individual or in granting said individual
favorable compensation, terms, conditions,
promotions, or privileges; or the refusal to
grant the sexual favor results in limiting,
segregating or classifying the employee
which in anyway would discriminate,
deprive
or
diminish
employment
opportunities or otherwise adversely affect
said employee; t
2. the above acts would impair the
employees rights or privileges under
existing labor laws or
3. the above acts would result in an
intimidating,
hostile,
or
offensive
environment (Sec. 3[a], RA No. 7877)

FACILITIES FOR WOMEN

The Secretary of Labor may require employers
to:
1. Provide seats proper for women and permit
them to use the seats when they are free
from work or during office hours provided
the quality of the work will not be
compromised;
2. To establish separate toilet rooms and
lavatories for men and women and provide
at least a dressing room for women;
3. To
establish
a
nursery
in
the
establishment;
4. To determine appropriate minimum age
and other standards for retirement or
termination in special occupations such as
those of flight attendants and the like .

STIPULATION AGAINST MARRIAGE

- it shall be unlawful for an employer to require
as a condition for employment or continuation
of employment that a woman employee shall
not get married, or to stipulate expressly or
tacitly that upon getting married a woman
employee shall be deemed resigned or
separated, or to actually dismiss, discharge,
discriminate or otherwise prejudice a woman
employee merely by reason of her marriage.
PT & T VS. NLRC, G.R. NO. 118978 MAY
23,1997
The employers policy is not only in derogation
of the provisions of Article 136 of the Labor
code on the right of a woman to be free from

DISCRIMNATION PROHIBITED
It shall be unlawful for any employer to
discriminate against any woman employee with

SPECIAL
GYNECOLOGICAL
LEAVE
BENEFITS OF TWO (2) MONTHS WITH
FULL PAY BASED ON GROSS MONTHLY
COMPENSATION

any kind of stipulation against marriage in

connection with her employment, but it likewise
assaults good morals and public policy,
tending as it does to deprive a woman of the
freedom to choose her status, a privilege that
by all accounts inheres in the individual as an
intangible and inalienable right.

- for women employees who undergo surgery

caused by gynaecological disorders;
provided that they have rendered continuous

STAR PAPER VS. SIMBOL

The company policy of Star Paper, to be
upheld, must clearly establish the requirement
of reasonableness. In the case at bar, there
was no reasonable business necessity.
Petitioners failed to show how the marriage of
Simbol, then a Sheeting Machine Operator, to
Alma Dayrit, then an employee of the
Repacking Section, could be detrimental to its
business operations. The questioned policy
may not facially violate Article 136 of the Labor
Code but it creates a disproportionate effect
and under the disparate impact theory, the
only way it could pass judicial scrutiny is a
showing that it is reasonable despite the
discriminatory, albeit disproportionate, effect.
Lastly, the absence of a statute expressly
prohibiting marital discrimination in our
jurisdiction cannot benefit the petitioners.

aggregate employment service of at least

six (6) months for the twelve (12) months.
- the total recovery period for a woman
employee is limited to two months per years
regardless of the frequency of surgical
operations that a female employee might
undergo.
- For purposes of determining the period of
leave with pay that will be allowed to a
woman employee, the certification of a
competent physician as required period for
recuperation shall be controlling.
- the total recovery period for a woman
employee is limited to two months per years
regardless of the frequency of surgical
operations that a female employee might
undergo.

CLASSIFICATION OF CERTAIN WOMEN

WORKERS
- Any woman who is permitted to work or
suffered

to

work,

with

or

MINOR WORKERS

without

GENERAL RULE : Employment of child below

15 years of age is prohibited.

compensation, in any night club, cocktail

lounge, massage clinic, bar or similar
establishment, under the effective control or

Exception
and
condition
on
employment of a child below 15:

supervision of the employer for a substantial

period of time as determined by the

the

1. When the child works directly under the

sole responsibility of his/her parents or
legal guardian who employs members of
his/her family only under the following
conditions:

Secretary of Labor, shall be considered as

an employee of such establishment for
purposes of labor and social legislation.

a. employment does not endanger the

childs life, safety, health and morals;

b. employment does not impair the childs

normal development;
c. the parent/legal guardian provides the
child with the primary and/or secondary
education prescribed by DECS

3. Where the workers are engaged in the

manufacture or handling of explosives and
other pyrotechnic products;
4. Where the workers use or are exposed to
heavy or power-driven machinery or
equipment; and
5. Where the workers use or are exposed to
power-driven tools,

2. Where the childs employment or

participation in public entertainment or
information through cinema, theater, radio,
or television is essential, provided that:

PROHIBITION
AGAINST
CHILD
DISCRIMINATION. -- No employer shall
discriminate against any person in respect to
terms and conditions of employment on
account
of
his
age

a. employment
does
not
involve
advertisements
or
commercials
promoting
alcoholic
beverages,
intoxicating drinks, tobacco and its byproducts or exhibiting violence;
b. There is a written contract approved by
the DOLE; and
c. The conditions prescribed for the
employment of minors {above stated}
are met.
NOTE: In the above-exceptional cases where
any such child may be employed, the employer
shall first secure, before engaging such child, a
work permit from the Department of Labor and
Employment which shall ensure observance of
the above requirements. (Rep. Act. No. 9231).

COMPARISONS: ( RA 9231)
A child below Allowed to work for not
15
more than 20 hours a
week. Provided, the work
shall not be more than 4
hours in a day.
Shall not be allowed to
work between 8pm and 6
am of the following day.

NONHAZARDOUS
WORK
OR
UNDERTAKING
one where the employee is not exposed to
any risk which constitutes an imminent danger
to his safety and health.

A child above Shall not be allowed to

15 years of
work for more than 8
age but below
hours a day, and in no
18
case beyond 40 hours a
week.
Shall not be allowed to
work between 10 pm and
6 am the following day.

HAZARDOUS WORKPLACES:
1. Where the nature of the work exposes the
workers to dangerous environmental
elements, contaminants or work conditions;
2. Where the workers are engaged in
construction work, logging, fire-fighting,
mining, quarrying, blasting, stevedoring,
dock work, deep-sea fishing, and
mechanized farming;

EMPLOYMENT OF HOUSEHELPERS
RIGHTS OF HOUSEHELPERS:

10

1. minimum cash wage

2. non-assignment to non- household work
3. opportunity for education: if under 18
4.
5.
6.
7.
8.

A homeworker is one who performs in or about

his home any processing of goods or material,
in whole or in part, which have been furnished
directly or indirectly, by an employer and
thereafter to be returned to the latter.

(cause of education part of compensation)

board/ lodging, medical attendance
just and humane treatment

INDUSTRIAL HOMEWORK

indemnity for unjust termination of services

just causes for termination

a system of production under which work

for an employer or contractor is carried out

right not to be required to work more than

10 hours a day

by a homeworker at his home.

9. for days vacation each month

10. to regular wages if employed in industrial

a worker who is engaged in industrial

homework

or commercial or agricultural undertaking

11. funeral

expenses must be paid by

employer if the househelper haS relatives
with.
The term househelper is synonymous to the
term domestic servant and shall refer to any
person, whether male or female, who renders
services in and about the employers home
and which services are usually necessary or
desirable for the maintenance and enjoyment
thereof, and ministers exclusively to the
personal comfort and enjoyment of the
employers family.

RIGHTS and BENEFITS ACCORDED TO

HOMEWORKERS (Department Order No. 5,
replacing Rule XIV of the Rules
Implementing Book III of the Labor Code):

1. Formation

and registration of labor

organization of industrial homeworkers.

2. It also makes explicit the employers duty

to pay and remit SSS, Philhealth and ECC
premiums.

3. Prohibitions

for

Homework

explosives, fireworks and articles of like

character;

The definition cannot be interpreted to include

householder or laundrywomen working in staff
houses of a company who attends to the need
of the companys guest and other persons
availing of said facilities. By the same token, it
cannot be considered to extend to the driver,
houseboy, or gardener exclusively working in
the company, the staff houses and it premises.
They may not be considered as within the
meaning of a househelper or domestic
servant as above-defined by law. In auch
instance, they are employees of the company
or employer in the business concerned entitled
to the privileges of a regular employee. ( Apex
Mining Company, Inc v. NLRC)

drugs and poisons;

other articles, the processing of which

requires exposure to toxic substance.

ILLEGAL RECRUITMENT
(Sec. 5 RA No. 10022, AN ACT AMENDING
REPUBLIC ACT NO. 8042, OTHERWISE
KNOWN AS THE MIGRANT WORKERS AND
OVERSEAS FILIPINOS ACT OF 1995, AS
AMENDED, FURTHER IMPROVING THE
STANDARD OF PROTECTION OF THE
WELFARE OF MIGRANT WORKERS, THEIR
FAMILIES AND OVERSEAS FILIPINOS IN
DISTRESS, AND FOR OTHER PURPOSES)

HOMEWORKER

11

This shall mean any act of canvassing,

enlisting, contracting, transporting, utilizing,
hiring, or procuring workers and includes
referring, contractservices, promising or
advertising for employment abroad, whether
for profit or not, when undertaken by nonlicensee or non-holder.

employment, locally or abroad, whether for

profit or not, provided, that any manner, offers
or promises for a fee employment to two or
more persons shall be deemed egaged in
recruitment and placement. Whithout a
shadow of doubt, all the elements for illegal
recruitment are present here. (Pp vs.
Gallardo, G.R. No. 140067-71, August 29,
2002)

Defined to include the act of engaging n any of

the activities mentioned in Art. 13 (b) of the
Labor Code without the required license or
authority from the POEA and it is deemed
committed in large scale if committed against
three (3) or more persons, individually or as a
group ( People vs. Sagaydo)

That any 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. It shall likewise
include the following acts, whether a nonlicensee, non-holder, license or holder of
authority:

It is the lack of the necessary license or permit

or the engagement of prohibited activities
enumerated in the Labor Code that render
such recruitment activities unlawful or criminal.
(People vs. Guevara)

a) To charge or accept directly or

indirectly any amount greater than that
specified in the schedule of allowable
fees prescribed by bthe Sec. of Labor
and Employment, or to make a worker
pay or acknowledge any amount
greater than that actually received by
him as a loan or advance;
b) To furnish or publish any false notice or
information or document in relation to
recruitment or employment;
c) 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 Labor Code, or for
the purpose of documenting hired
workers with the POEA, which include
the act of reprocessing workers through
a job order that pertains to nonexistent
work, work different from the actual
overseas work, or work with a different
employer whether registered or not with
the POEA;
d) To include or attempt to induce a
worker already employed to quit his
employment in order to offer him
another unless the transfer is designed

QUESTION:Gallardo and Malapit were not

authorized nor were they licensed to recruit
workers for overseas employment in Baguio or
in the Cordillera region. They persuaded the
private complainants to work as caregivers in
Canda by making representations that there
was a job market therefor and helped them
process their papers and requirements.
Are Gallardo and Malapit guilty of illegal
recruitment?
ANSWER:Yes. The totality of the evidence
shows that they were engaged in the
recruitment and placement of workers of
everseas employment. Illegal recruitment is
committed when (a) the offender has no valid
license or authority to enable him to lawfully
engage in the recruitment and placement of
workers,a nd (b) the offender undertakes any
act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring
workers, and includes referrals, contract
services, promising or advertising for

12

e)

f)

g)

h)

i)

j)

k)

to liberate a worker from oppressive

terms and conditions of employment;
To influence or attempt to influence any
person or entity not to employ any
worker who has not applied for
employment through his agency or who
has has formed, joined or supported, or
has contacted or is supported by any
union or workers organization;
To engage in the recruitment or
placement of workers in jobs harmful to
publich health or morality or to the
dignity of the Republic of the
Philippines;
To fail to submit reports on the status of
employment, placement, vacancies,
remittances of foreign exchange
earnings,
separation
from
jobs,
departures and such other matters or
information as may be required by the
Sec. of Labor and Employment;
To substitute or alter to the prejudice of
the worker, employment contracts
approved
and
verified
by
the
department of Labor and Employment
from the time of actual signing thereof
by the parties up to and including the
period of the expiration of the same
without the approval of the DOLE;
For an officer or agent of a recruitment
or placement agency to become an
officer or member of the Board of any
corporation engaged in travel agency
or to be engaged directly or indirectly in
the management of travel agency;
To withhold or deny travel documents
from
applicant
workers
before
departure for monetary or financial
considerations, or for any other
reasons, other than those authorized
under the Labor Code and its
implementing rules and regulations;
Failure to deploy a contracted worker
without valid reason as determined by
the Department of Labor and
Employment;

l)

Failure to reimburse expenses incurred

by the worker in connection with his
documentation and processing for
purposes of deployment does not
actually take place without the worker
s fault. Illegal recruitment when
committed by a syndicate or in large
scale shall be considered an offense
involving economic sabotage; and
m) To allow a non-Filipino citizen to head
or
manage
a
licensed
recruitment/manning agency.
Illegal recruitment is deemed committed by a
syndicate if carried out by a group of three (3)
or more persons conspiring or confederating
with one another. It is deemed committed in
large scale if committed against three(3) or
more persons individually or as a group.
Persons criminally liable for the above
offenses: [R.A. 10022, Sec.4]
Individuals:
accessories.

principals,

accomplices

and

Juridical Persons: the officers having

ownership, control, management or direction
of their business that are responsible for the
commission of the offense and the responsible
employees/agents thereof shall be liable.
Where illegal recruitment is proved but the
elements of large scale or syndicate are
absent, the accused can be convicted only of
simple illegal recruitment. (People v. Sagun,
G.R. No. 110554, 19 February 1999)
RECRUITMENT
WORKERS

AND

PLACEMENT

OF

WORKER -any member of the labor force,

whether employed or unemployed. (Art. 13(a)
LC)

13

RECRUITMENT AND PLACEMENT is any act

of : (CETCHUP-CRAP)

LICENSE means a document issued by the

Department of Labor, authorizing a person or
entity to operate a private employment agency.

Canvassing;
Enlisting;
Transporting;
Contracting;
Hiring;
Utilizing or;
Procuring workers; and
Includes Contract services, Referrals,
Advertising,
or
Promising
for
employment, locally or abroad, whether
for profit or not, when undertaken by a
non-licensee or non-holder of authority;
PROVIDED, that any person or entity
which, in any manner, offers or
promises for a fee employment to two
or more persons shall be deemed
engaged in recruitment and placement.

AUTHORITY means a document issued by the

Department of Labor, authorizing a person or
association to engage in recruitment and
placement activities as a private recruitment
entity.

APPRENTICESHIP
Apprenticeship is the practical on-the-job
training as supplemented by related
theoretical instruction.
APPRENTICE - worker who is covered by a
written apprenticeship agreement with an
individual employer or any of the entities
recognized under this chapter.
APPRENTICEABLE OCCUPATION - any
trade, form of employment or occupation which
requires more than 3 months of practical
training on the job supplemented by related
theoretical instruction.
APPRENTICESHIP AGREEMENT - an
employment contract wherein the employer
binds himself to train the apprentice and the
apprentice in turn accepts the terms of training.

The number of persons dealt with is not an

essential ingredient of the act of recruitment
and placement of workers. The proviso
merely creates the presumption.

ENTITIES AUTHORIZED TO RECRUIT

1. Public employment offices

2. Private recruitment entities; private
employment agencies

3. Shipping or manning agents or

ON-THE-JOB TRAINING the practical work

experience through actual participation in
productive activities given to or acquired by an
apprentice.

representatives

4. The POEA
5. Construction contractors if authorized by
the DOLE and the Construction Industry
Authority

HIGHLY TECHNICAL INDUSTRIES trade,

business, enterprise, industry or other activity,
which is engaged in the application of
advanced technology.

6. Members of the diplomatic corps (but

hirings must also go thru POEA)

7. Other persons or entities as may be

authorized by the DOLE secretary

Qualifications of an Apprentice

1. at least 15 years of age; provided those

DISTINCTION BETWEEN LICENSE AND

AUTHORITY:

who are at least 15 years of age but less

than eighteen may be eligible for

14

apprenticeship only in
occupations and the
agreement shall be signed
the parent or guardian
representative of DOLE.

non-hazardous
apprenticeship
in his behalf by
or authorized

aptitude/
appropriate test

capacity

2. vocational

as manufacturer of plastic building materials.

These tasks and their nature characterized the
respondents as regular employees under
Article 280 of the Labor Code. Thus, when
they were dismissed without just or authorized
cause, without notice, and without the
opportunity to be heard, their dismissal was
illegal under the law.

for

3. ability to comprehend and follow oral and

written instructions

The apprenticeship agreements did not

indicate the trade or occupation in which
the apprentice would be trained; neither was
the apprenticeship program approved by the
Technical Education and Skills Development
Authority (TESDA). These were defective as
they were executed in violation of the law and
the rules. Moreover, with the expiration of the
first agreement and the retention of the
employees, the employer, to all intents and
purposes, recognized the completion of their
training and their acquisition of a regular
employee status. To foist upon them the
second apprenticeship agreement for a
second skill which was not even mentioned in
the agreement itself, is a violation of the Labor
Codes implementing rules and is an act
manifestly unfair to the employees.

EMPLOYMENT OF APPRENTICES

Only employers in highly technical industries

may

hire

apprentices

and

only

in

apprenticeable occupations as determined

by the Sec. Of Labor
Requisites for a VALID APPRENTICESHIP

1. Qualifications of the apprentice

2. Apprenticeship agreement duly executed
and signed providing for compensation not
less than 75% of the applicable minimum
wage, except on-the-job training (ojt) ;

3. Apprenticeship program duly approved by

dole ;

4. Period of apprenticeship shall not exceed 6

months.

CASE ON VALIDITY OF APPRENTICESHIP

Atlanta Industries, Inc. and/or Robert Chan vs.
Aprilito R. Sebolino, et al., G.R. 187320, 26
January 2011.
-Apprenticeship agreement NOT valid where
complainants were hired as employees first
before execution of apprenticeship. The
respondent employees were already rendering
service to the company when they were made
to undergo apprenticeship. The respondent
were regular employees because they
occupied positions such as machine operator,
scaleman and extruder operator tasks that
are usually necessary and desirable in
petitioner employers usual business or trade

LEARNERS
Learners are persons hired as trainees in
semi-skilled and other industrial occupations
which are non-apprenticeable and may be
learned through practical training on the job
in a relatively short period of time which
shall not exceed three months.

NATURE
PERIOD
COMMITMENT TO

15

APPRENTICE
-SHIP
highly
technical
Six (6) months
At option of
employer

LEARNERS
semi skill;nonapprenticeable
Three
(3)
months
At option of
learner

HIRE
WAGES

DOLE
APPROVAL
DEDUCTION FOR
EXPENSE
S

May be paid or
not; if paid,
75% of
minimum
YES, DOLE
approval is
essential
Yes, expenses
for training
deductible
from income
tax

Equal opportunity for employment.

No disabled person shall be denied access

Must
always
be paid; 75%
of minimum

to opportunities for suitable employment.

[R.A. 7277, Sec. 5: Magna Carta for

No,
DOLE
approval
not
required;
inspection only
None.

Disabled Persons]

disabled

employees

shall

be

subject to the same terms and conditions of

employment and the same compensation,
privileges,

benefits,

fringe

benefits,

incentives or allowances as a qualified ablebodied person.

A worker is not necessarily considered as a
handicapped worker if he is capable, as an
able-bodied worker, to function suitably in

HANDICAPPED/DISABLED WORKERS

relation to the work to which he was hired.

(i.e. one-legged transcriptionist)

HANDICAPPED WORKERS - Are those

whose earning capacity is impaired by age or
physical or mental deficiency or injury.

Qualified

Incentives for employment of disabled

workers (Sec. 2, RA 7277).

1. Private entities that employ disabled

Subject to the provisions of the Code,

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, that the
following are complied with:

handicapped workers may be hired as

regular workers, apprentices or learners if
their handicap is not such as to effectively
impede the performance of job operations in
the particular occupations for which they
were hired.

a. Presentation of proof certified by DOLE

that disabled persons are under their

employ; and

qualified disabled employee shall be subject

to the same terms and conditions of

b. Disabled employee is accredited with

employment and the same compensation,

privileges,

benefits,

fringe

DOLE and DOH as to his disability,

skills and qualifications.

benefits,

incentives or allowances as a qualified able-

2. Private entities that improve or modify their

bodied person. Even a handicapped worker

can

acquire

the

status

of

physical facilities to provide reasonable

accommodation for disabled persons shall
also be entitled to an additional deduction
from their taxable income, equivalent to
50% of the direct costs of the
improvements or modifications. This does
not apply to improvements required under
B.P. Blg. 344.

regular

employee.
Duration of employment - no minimum, no
maximum. Dependent on agreement but is
necessary that there is a specific duration

16

TERMINATION OF EMPLOYMENT AND

RETIREMENT. -- While termination of
employment and retirement from service are
common modes of ending employment, they
are mutually exclusive, with varying judicial
bases and resulting benefits from the service
is contractual (i.e. based on the bilateral
agreement of the employer and employee),
while termination of employment is statutory
(i.e. governed by the Labor Code and other
related laws as to its grounds, benefits and
procedure). The benefits resulting from
termination vary, depending on the cause. For
retirement, Article 287 of the Labor Code gives
leeway to the parties to stipulate above or floor
benefits. (General Milling Corporation vs.
Viajar, G.R. No. 181783, 30 January 2013;
Citing Quevedo vs. Benguet Electric
Cooperative, Inc., 599 SCRA 438 [2009])

RECRUITMENT AND PLACEMENT

RETIREMENT PAY
GENERAL RULE: R.A. 7641 12 month for
every year of service (expanded concept per
Sec 1, RA 7641)
Expanded concept: 22.5 days (basis: Capitol
Wireless vs. Confesor) 15 days + 5 days
service incentive leave + 2.5 days prorated
13th month pay
EXCEPTION:
Where the company provides for a Retirement
Plan with better benefits, then the companys
Retirement Plan will apply
Difference
between
voluntary
and
involuntary retirement.
Voluntary retirement cuts employment ties
leaving no residual employer liability;
involuntary retirement amounts to a discharge,
rendering the employer liable for termination
without cause. The employees intent is the
focal point of analysis. In determining such
intent, the fairness of the process governing
the retirement decision, the payment of
stipulated benefits, and the absence of badges
of intimidation or coercion are relevant
parameters. (ibid.)

RESIGNATION It is the voluntary act of

employees who are compelled by reasons to
disassociate
themselves
from
their
employment. It must be done with intention of
relinquishing the office, accompanied by the
act of abandonment. Where evidence reveals
otherwise, then illegal dismissal.
STRAINED
RELATIONS

Where
reinstatement is no longer desirable or viable
in view of strained relations between the
parties, then separation pay is an acceptable
alterative to reinstatement. Computation: one
month for every year of service, computed
from date of hiring until finality of the .Decision
finding for illegal termination.

RESIGNATIONS vs. TERMINATION vs

STRAINED RELATIONS vs RETIREMENT
2013
CASE:
IN
TERMINATION
OF
EMPLOYMENT BY THE EMPLOYEE VIA
RESIGNATION. -- The intent to relinquish
must concur with the overt act of
relinquishment. (Mendoza vs. HMS Credit
Corp., et. al., G.R. No. 187232, 17 April
2013; citing San Miguel Properties vs.
Gucaban, 654 SCRA 18 [2011])
2013

CASE:

DIFFERENCE

Early retirement is the option of the

EMPLOYEE. Eastern Shipping Lines, Inc.
vs. Ferrer D. Antonio, G.R. No. 171587, 13
October 2009.
The age of retirement is primarily determined
by the existing agreement or employment
contract. In the absence of such agreement,
the retirement age shall be fixed by law. Under
the aforecited law, the mandated compulsory

BETWEEN

17

retirement age is set at 65 years, while the

minimum age for optional retirement is set at
60 years. Under Paragraph B of the retirement
plan, a shipboard employee, upon his written
request, may retire from service if he has
reached the eligibility age of 60 years. In this
case, the option to retire lies with the
employee. Records show that respondent was
only 41 years old when he applied for optional
retirement, which was 19 years short of the
required eligibility age. Thus, he cannot claim
optional retirement benefits as a matter of
right.

period of at least three (3) years. This

stipulation had been repeatedly adopted by the
parties in the succeeding renewals of their
CBA, thus validating the impression that it is a
reasonable and acceptable term to both PAL
and ALPAP. Consequently, the petitioner
cannot conveniently disregard this stipulation
by simply raising the absence of a contract
expressly requiring the pilot to remain within
PALs employ within a period of 3 years after
he has been sent on training. The supposed
absence of contract being raised by the
petitioner cannot stand as the CBA clearly
covered the petitioners obligation to render
service to PAL within 3 years to enable it to
recoup the costs of its investment. Further, to
allow the petitioner to leave the company
before it has fulfilled the reasonable
expectation of service on his part will amount
to unjust enrichment.

IMPORTANT CASE: MAY RETIREMENT

FUND FOR THE EMPLOYEES BE APPLIED
TO OUTSTANDING LOANS OF THE
COMPANY? Metrobank vs. Board of
Trustees of Riverside Mills Provident and
Retirement Fund, GR No. 17695, 08 Sept
2010. -Answer: NO. Employees trusts or benefits
plans are intended to provide economic
assistance to employees upon occurrence of
old age, retirement, death, sickness or
disability. Here, while the Plan provides for a
reversion of the Fund to the employer RMC,
this cannot be done until all the liabilities of the
Plan have been paid. And when RMC ceased
operations in 1984, the Fund became liable not
only for the benefits of the qualified retirees at
the time of the RMC closure, but also of those
who were separated from work as a
consequence of the closure, per the Retirment
Plan itself.

MEDICAL DENTAL AND OCCUPATIONAL

SAFETY and EMPLOYEES COMPENSATION
FIRST-AID
TREATMENT

adequate,
immediate, and necessary medical and dental
attention or remedy given in case of injury or
illness suffered by a worker during
employment, irrespective of whether or not
such injury or illness is work-connected, before
a more extensive medical and/or dental
treatment can be secured.
FIRST AIDER any person trained and duly
certified as qualified to administer first aid by
the Phil. National Red Cross or by any other
organization accredited by the former.

IMPORTANT CASE: MAY THE EMPLOYER

DEDUCT COST OF TRAINING FROM THE
RETIREMENT
BENEFITS
OF
THE
EMPLOYEE?
ANSWER: YES! By carrying over the same
stipulation in the present CBA, both PAL and
ALPAP recognized that the companys effort in
sending pilots for training abroad is an
investment which necessarily expects a
reasonable return in the form of service for a

EMPLOYEES COMPENSATION AND STATE

INSURANCE FUND
WORKMENS COMPENSATON- A general
and comprehensive term applied to those laws
providing for compensation for loss resulting
from the injury, disablement or death of a
workman through industrial accident, casualty

18

or disease.

3. if the injury is sustained elsewhere, the

employee must have been executing an
order for the employer
4.
the injury was not due to the
employees intoxication, willful intention
to injure or kill himself or another,
notorious negligence or otherwise
prohibited under this Title.

COMPENSATION - money relief afforded

according to the scale established under the
statute as differentiated from compensatory
damages recoverable in an action at law for
breach of contract or for tort.
WORKMENS
COMPENSATION
ACT
There
is
presumption
compensability

EMPLOYEES
COMPENSATION
LAW
a
of

SICKNESS - Any illness definitely accepted as

an occupational disease listed by the
Commission or any illness caused by
employment subject to proof that working
conditions increases the risk of contracting the
same.

No presumption of
compensability

There is a need for

the
employer
to
controvert the claim
within
14
days
otherwise
he
is
deemed
to
have
waived the right

No presumption
aggravation

Payment
of
compensation made
by the employer

Payment
of
compensation made
by SSS/GSIS through
the State Insurance
Fund

Conditions for an occupational disease and

the resulting disability or death to be
compensable:
1.The employees work must involve the
risk described therein
2.The disease was contracted as a result
of the employees exposure to the
described risks;
3.The disease was contracted within a
period of exposure and under such
other factors necessary to contract it;
4.There was no notorious negligence on
the part of the employee .

of

DEATH - Loss of life resulting from injury or

sickness
DEFINITION OF TERMS

DISABILITY - Loss or impairment of a physical

or mental function resulting from injury or
sickness.

INJURY - Any harmful change in the human

organism from any accident arising out of and
in the course of employment.

DIRECT PREMISES RULE as a general

rule, the accident should have occurred at the
place of work to be compensable.

GROUNDS FOR AN INJURY TO BE

COMPENSABLE
1.the employee must have been injured at
the place where the work requires him
to be
2.the
employee
must
have
been
performing his official functions

EXCEPTIONS TO THE DIRECT PREMISES

RULE
1. INGRESS- EGRESS/ PROXIMITY RULE-

19

when the employer is about to leave or

about to enter the premises of the
employer by way of the customary or
exclusive means of ingress or egress.
2. GOING TO OR COMING FROM WORKwhen the injury occurred when the
employee is proceeding to or from his work
on the premises of the employer
must be a continuing act and has
not diverted therefrom by any other
activity and he has not departed
from his usual route to or from his
workplace and if the employee is on
a special errand, it must have been
official and in connection with his
work.

and an unexpected injury occurs, the injury

is compensable
8. FORCE MAJEURE OR AN ACT OF GODwhen one in the course of his employment
is reasonably required to be at a particular
place at a particular time and there meets
an accident although one which any other
person then and there present would have
met irrespective of his employment.
COVERAGE AND LIABILITY
COMPULSORY COVERAGE
ECL applies to all employers, public or private,
and to all employees, public or private
including casual, emergency, temporary, or
substitute employees.
Every employee is covered who is not over 60
years over 60 years of age or over 60 years of
age if he had been paying contributions prior
to the age of 60

3. EXTRA-PREMISES RULE (or the

shuttle bus rule) where the company
provides the means of transportation in
going to or coming from the place of work
is liable to the injury sustained by the
employees while on board said means of
transportation.
4. SPECIAL ERRAND RULE injury
sustained outside the company premises
is compensable if an office order or a
locator slip or a pass for official business
covers his being out.
5. DUAL PURPOSE DOCTRINE allows
compensation where a special trip would
have to be made for the employer if the
employee had not combined the service
for the employer with his own going or
coming trip.
6. SPECIAL ENGAGEMENT RULE covers
field trips, outings, intramurals and picnics
when initiated or sanctioned by the
employer
7. POSITIONAL AND LOCAL RISKS
DOCTRINE If an employee by reason of
his duties is exposed to a special or
peculiar danger from the elements, that is,
one greater than that to which other
persons in the community are exposed

EFFECTIVE DATE OF COVERAGE

The employer is covered compulsorily from
first day of operation and the employee from
the first day of employment
LIMITATIONS OF LIABILITY
NO COMPENSATION can be obtained if the
injury, death or disability is a result of the
employees:
1. Intoxication;
2. Willful intention to injure or kill himself
or another;
3.
Notorious negligence; or4. Unless
otherwise provided by the LC.
NOTORIOUS NEGLIGENCE deliberate act
of the employee to disregard his own personal
safety.
Is death through suicide compensable ? As
a rule NO. However as held in NAESS vs.
NLRC, the supreme court ruled that a self
inflicted death could be compensable if :

20

1. By agreement of the parties

2. The suicide/death is caused by a work
related or compensable illness or
disease.

DEATH BENEFITS- The System shall pay to

the primary beneficiaries upon the death of the
covered employee an amount equal to his
monthly income benefit, plus ten percent
thereof for each dependent child, but not
exceeding five, beginning with the youngest
and without substitution. The income benefit
shall be guaranteed for five years.

EXTENT OF LIABILITY
Simultaneous recovery under the Labor
Code and the Civil Code cannot be made.
The action is selective and the employee may
either choose to file the claim under either.
But once the election is made, the claimant
cannot opt for the other remedy.

DEPENDENTS:
1. The legitimate, legitimated, legally adopted
or acknowledged natural child who is
unmarried, not gainfully employed and not
over 21 years of age or over 21 years of
age provided that he is incapable of selfsupport due to a physical or mental defect
which is congenital or acquired during
minority
2. Legitimate spouse living with the employee
3.
The parents of said employee wholly
dependent upon him for regular support

Simultaneous recovery under the LC and the

SSS can be made as per an advisory
opinion dated May 23, 1989 of Sec. Drilon
since PD 1921 has lifted the ban on
simultaneous recovery.
STATE INSURANCE FUND: all covered
employers are required to remit to a common
fund a monthly contribution equivalent to one
percent of the monthly salary credit of every
covered employee. The employee pays no
contribution to the fund. Any agreement to the
contrary is prohibited.

BENEFITS
1. For life to the primary beneficiaries,
guaranteed for five years
2. For not more than 60 months to the
secondary beneficiaries in case there are
no primary beneficiaries
3. In no case shall the total benefit be less that
P 15, 000.00

DISABILITY BENEFITS DISABILIT

CATEGORIES:

THE BENEFICIARIES ARE:

TEMPORARY TOTAL - if as a result of the

injury or sickness, the employee is unable to
perform any gainful occupation for a
continuous period not exceeding 120 days

PRIMARY BENEFICIARIES
a) Dependent spouse until he remarries
b) Dependent children (legitimate, legitimated,
natural born or legally adopted)

PERMANENT TOTAL - if as a result of the

injury or sickness, the employee is unable to
perform any gainful occupation for a
continuous period exceeding 120 days

SECONDARY BENEFICIARIES
a) Illegitimate
children
and
legitimate
descendants
b) Parents, grandparents, grandchildren

PERMANENT PARTIAL - if as a result of the

injury or sickness, the employee suffers a
permanent partial loss of the use of any part of
his body.

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