Chapter 1 General Provisions
laws.
Box 1 - Estacion
1. What is Labor law and what does it aim to
achieve?
Ans.:
Labor legislation consists of statutes,
regulations and jurisprudence governing the
relations between capital and labor by providing
for certain employment standards and a legal
framework for negotiating, adjusting and
administering those standards and other
incidents of employment.
The aim and the reason and, therefore, the
justification of labor laws is social justice.
2. What are the Constitutional mandates
pertaining to labor and labor-management
relations?
Ans.:
The basic rights guaranteed by the
Constitution are: the right to organize
themselves; to conduct collective bargaining or
negotiation with management; to engage in
peaceful concerted activities, including to strike
in accordance with law; to enjoy security of
tenure; to work under humane conditions; to
receive a living wage; and to participate in policy
and decision-making processes affecting their
rights and benefits as may be provided by law.
3. Do the Philippines labor laws meet
international labor standards?
Ans.:
Yes. The Philippines is a member of the
International Labor Organization (ILO) of the UN,
a specialized agency which seeks the promotion
of social justice and internationally recognized
human and labor rights. The Philippine Senate
on March 19, 1948 passed Resolution No. 44
concurring to the countrys acceptance of
obligations under the ILOs Constitution and By-
4. Are Philippine labor laws pro-labor?
Ans.:
Yes, the Labor Code states that all doubts
in the implementation and interpretation of the
Labor Code including its implementing rules and
regulation shall be resolved in favor of labor.
The policy is to extend the decrees applicability
to a greater number of employees to enable
them to avail of the benefits under the law, in
consonance with the States avowed policy to
give maximum aid and protection to labor.
Chapter II Emancipation of Tenants
Box 2 - Ga
1. What law governs agrarian reform?
Ans: The Labor Code covers agrarian reform in
five(5) articles only. It is a subject governed
principally by R.A. no. 6657 (Comprehensive
Agrarian Reform Law of 1988).
2. What are the objectives of agrarian reform?
Ans: Art. 7 of the Labor Code states the
Statement of Objectives. Inasmuch as the old
concept of land ownership by a few has
spawned valid legitimate grievances that gave
rise to the violent conflict and social tension and
the redress of such legitimate grievances being
one of the fundamental objectives of the New
Society, it has become imperative to start
reformation with the emancipation of the tiller
of the soil from his bondage.
3. What process and conditions are observed to
make a tenant-farmer an owner under the
agrarian reform program?
Ans: R.A. 6657 sets retention limits for
landowners. Please be guided by the pertinent
provisions of the said law. Sec. 6 provides the
retention limits and Sec. 16 sets forth the
procedure to make a tenant-farmer an owner
under the agrarian reform law.
SEC. 6. Retention Limits. - Except as otherwise
provided in this Act, no person may own or
retain, directly, any public or private agricultural
land, the size of which shall vary according to
factors governing a viable family-sized farm,
such as commodity produced, terrain,
infrastructure, and soil fertility as determined by
the Presidential Agrarian Reform Council (PARC)
created hereunder, but in no case shall the
retention by the landowner exceed five (5)
hectares. Three (3) hectares may be awarded to
each child of the landowner, subject to the
following qualifications: (1) that he is at least
fifteen (15) years of age; and (2) that he is
actually tilling the land or directly managing the
farm: Provided, That landowners whose lands
have been covered by Presidential Decree No.
27 shall be allowed to keep the area originally
retained by them thereunder; Provided, further,
That original homestead grantees or direct
compulsory heirs who still own the original
homestead at the time of the approval of this
Act shall retain the same areas as long as they
continue to cultivate said homestead.
The right to choose the area to be retained,
which shall be compact or contiguous, shall
pertain, to the landowner: Provided, however,
That in case the area selected for retention by
the landowner is tenanted, the tenant shall have
the option to choose whether to remain therein
or be a beneficiary in the same or another
agricultural land with similar or comparable
features. In case the tenant chooses to remain in
the retained area, he shall be considered a
leaseholder and shall lose his right to be a
beneficiary under this Act. In case the tenant
chooses to be a beneficiary in another
agricultural land, he loses his right as a
leaseholder to the land retained by the
landowner. The tenant must exercise this option
within a period of one (1) year from the time the
landowner manifests his choice of the area for
retention.
In all cases, the security of tenure of the farmers
or farm workers on the land prior to the
approval of this Act shall be respected.
Upon the effectivity of this Act, any sale,
disposition, lease, management contract or
transfer of possession of private lands executed
by the original landowner in violation of this Act
shall be null and void: Provided, however, That
those executed prior to this Act shall be valid
only when registered with the Register of Deeds
within a period of three (3) months after the
effectivity of this Act . Thereafter, all Registers of
Deeds shall inform the DAR within thirty (30)
days of any transaction involving agricultural
lands in excess of five (5) hectares.
SEC. 16. Procedure for Acquisition of Private
Lands.- For purposes of acquisition of private
lands, the following procedures shall be
followed:
(a) After having identified the land, the
landowners and the beneficiaries, the DAR shall
send its notice to acquire the land to the owners
thereof, by personal delivery or registered mail,
and post the same in a conspicuous place in the
municipal building and barangay hall of the
place where the property is located. Said notice
shall contain the offer of the DAR to pay a
corresponding value in accordance with the
valuation set forth in Sections 17, 18, and other
pertinent provisions hereof.
(b) Within thirty (30) days from the date of
receipt of written notice by personal delivery or
registered mail, the landowner, his
administrator or representative shall inform the
DAR of his acceptance or rejection of the offer.
(c) If the landowner accepts the offer of the
DAR, the LBP shall pay the landowner the
purchase price of the land within thirty (30) days
after he executes and delivers a deed of transfer
in favor of the Government and surrenders the
Certificate of Title and other muniments of title.
(d) In case of rejection or failure to reply, the
DAR shall conduct summary administrative
proceedings to determine the compensation of
the land by requiring the landowner, the LBP
and other interested parties to summit evidence
as to the just compensation for the land, within
 fifteen (15) days from the receipt of the notice.
After the expiration of the above period, the
matter is deemed submitted for decision. The
DAR shall decide the case within thirty (30) days
after it is submitted for decision.
(e) Upon receipt by the landowner of the
corresponding payment or in case of rejection or
no response from the landowner, upon the
deposit with an accessible bank designated by
the DAR of the compensation in cash or LBP
bonds in accordance with this Act, the DAR shall
take immediate possession of the land and shall
request the proper Register of Deeds to issue a
Transfer Certificate of Title (TCT) in the name of
the Republic of the Philippines. The DAR shall
thereafter proceed with the redistribution of the
land to the qualified beneficiaries.
(f) Any party who disagrees with the decision
may bring the matter to the court of proper
jurisdiction for final determination of just
compensation.
Art. 10 of the Labor Code provides the
Conditions of Ownership, to wit: No title to the
land shall be acquired by the tenant farmer
pursuant to Presidential Decree No. 27 shall be
actually issued to him unless and until he has
become a full-fledged member of a duly-
recognized farmers cooperative.
Title to the land acquired pursuant to PD no. 27
shall not be transferrable EXCEPT by
HEREDITARY SUCCESSION or to the
GOVERNMENT in accordance with the provisions
of Presidential Decree No. 27, the Code of
Agrarian Reforms and other existing laws and
regulations.
Title 1 Recruitment and Placement of Workers
Chapter I General Provisions
Box 3 Cruz
1. What government agencies are created to
promote employment opportunities?
A: DOLE carries out programs for local
and overseas employment.
BLE- effective allocation of manpower
resources in local employment.
POEA- for overseas employment.
2. How does the POEA protect and assist the
OFWs?
A: Among the principal functions of the
POEA are the formulation, implementation, and
monitoring of the overseas employment of
Filipino workers and the protection of their
rights to fair and equitable employment
practices. POEA also participates in the
deployment of Filipino workers through
government-to-government hiring. It has
extended its services nationally through its
regional extension units. They process
vacationing workers, register sea-based workers,
and participate in government hiring through
manpower pooling.
3. Who has adjudicatory jurisdiction over claims
by OFWs?
A: NLRC has adjudicatory jurisdiction over
claims by OFWs. It is provided under RA 8042,
that the jurisdiction of NLRC covers not only
claims involving Filipino workers for overseas
employment but also money claims involving
Filipino workers for overseas deployment.
4. What significant amendments to the Labor
Code are introduced by RA 8042?
A: Article 17 of the Labor Code has been
amended by RA 8042 known as the Migrant
Workers and Overseas Filipinos Act of 1995.
The law institutes the policies on overseas
employment and establishes a higher standard
of protection and promotion of the welfare of
migrant workers, their families and of overseas
Filipinos in distress. It applies to recruitment for
overseas employment.
The OEDB, NSB and the overseas employment
program of the Bureau of Employment Services
were united in a single structure-POEA.
However, adjudicatory jurisdiction of the POEA
has been moved on the NLRC by RA 8042.
5. Are POEA-approved employment
contracts immutable?
A: NO. While the POEA Standard Contract
must be recognized and respected, neither the
manning agent nor the employer can simply
prevent a seafarer from being deployed without
 a valid reason. Thus, with valid reason POEA-
approved employment contracts may be
immutable.
Chapter II Regulations of Recruitment and
Placement Activities
Box 4 Cabunoc
1) What are the requirements and restrictions
for the private sector's participation in
recruitment and placement of workers, local
and overseas?
Ans:
Requirements:
Article 27. Citizenship requirement. Only
Filipino citizens or corporations, partnerships or
entities at least 75 percent of the authorized and
voting capital stock of which is owned and
controlled by Filipino citizens shall be permitted
to participate in the recruitment and placement
of workers, locally or overseas.
Article 28. Capitalization. All applicants for
authority to hire or renewal of license to recruit
are required to have such substantial
capitalization as determined by the Secretary of
Labor and Employment.
Restrictions:
Article 29. Non-transferability of license or
authority. No license or authority shall be used
directly or indirectly by any person other than
the one in whose favor it was issued at any place
other than that stated in the license or
authority, nor may such license or authority be
transferred, conveyed or assigned to any other
person or entity. Any transfer of business
address, appointment or designation of any
agent or representative including the
establishment of additional offices anywhere
shall be subject to the prior approval of the
Department of Labor and Employment.
2) What acts or practices are prohibited in
recruitment and placement activities of
licensed recruiters?
Ans:
Article 34. Prohibited practices. It shall be
unlawful for any individual, entity, licensee or
holder of authority:
(a) To charge or accept directly or indirectly any
amount greater than that specified in the
schedule of allowable fees prescribed by the
Secretary of Labor and Employment, or to make
a worker pay 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 or
misrepresentation for the purpose of securing a
license or authority under this Code;
(d) To induce or attempt to induce a worker
already employed to quit his employment in
order to offer him another unless the transfer is
designed to liberate a worker from oppressive
terms and conditions of employment;
(e) To influence or attempt to influence any
person or entity not to employ any worker who
has not applied for employment through his
agency;
(f) To engage in the recruitment or placement of
workers in jobs harmful to public health or
morality or to the dignity of the Republic of the
Philippines;
(g) To obstruct or attempt to obstruct inspection
by the Secretary of Labor and Employment or by
his duly authorized representatives;
(h) To fail to file reports on the status of
employment, placement vacancies, remittance
of foreign exchange earnings, separation from
jobs, departures and such other matters or
information as may be required by the Secretary
of Labor and Employment;
(i) To substitute or alter 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 expiration of the same
without the approval of the Department of
Labor and Employment.
(j) To become officer or member of the Board of
any corporation engaged in travel agency or to
be engaged directly or indirectly in the
management of a travel agency;
(k) To withhold or deny travel documents from
applicant workers before departure for
monetary or financial considerations other than
those authorized under this Code and its
implementing rules and regulations.
3) On what grounds and by which office may
an employment license or recruitment permit
be cancelled?
Ans:
Article 35. Suspension and/or cancellation of
license or authority. The Secretary of Labor and
Employment shall have the power to suspend or
cancel any license or authority to recruit
employees for overseas employment for
violation of rules and regulations issued by the
Secretary of Labor and Employment, the
Overseas Employment Development Board, and
the National Seamen Board, or for violations of
the provisions of this and other applicable laws,
General Orders and Letters of Instructions.
Chapter III Miscellaneous Provisions
Box 5 - Elica
1. With the amendments made by the Migrant
Workers and Overseas Filipino act ( R.A. 8042),
what acts constitute illegal recruitment and
who are the persons that can be held liable?
ans.
The following acts constitute illegal
recruitments, whether committed by any
persons, whether a non-licensee, non-holder,
licensee or holder of authority.
(a) To charge or accept directly or indirectly any
amount greater than the specified in the
schedule of allowable fees prescribed by the
Secretary of Labor and Employment, or to make
a worker pay 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;
(d) To induce or attempt to induce a worker
already employed to quit his employment in
order to offer him another unless the transfer is
designed to liberate a worker from oppressive
terms and conditions of employment;
(e) To influence or attempt to influence any
persons or entity not to employ any worker who
has not applied for employment through his
agency;
(f) To engage in the recruitment of placement of
workers in jobs harmful to public health or
morality or to dignity of the Republic of the
Philippines;
(g) To obstruct or attempt to obstruct inspection
by the Secretary of Labor and Employment or by
his duly authorized representative;
(h) To fail to submit reports on the status of
employment, placement vacancies, remittances
of foreign exchange earnings, separations from
jobs, departures and such other matters or
information as may be required by the Secretary
of Labor and Employment;
(i) 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 Department of Labor and
Employment;
(j) 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 on indirectly in the management of a
travel agency;
(k) To withhold or deny travel documents from
applicant workers before departure for
monetary or financial considerations other than
those authorized under the Labor Code and its
implementing rules and regulations;
(l) Failure to actually deploy without valid
reasons as determined by the Department of
Labor and Employment; and
(m) Failure to reimburse expenses incurred by
the workers in connection with his
documentation and processing for purposes of
deployment, in cases where the 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 as offense involving economic
sabotage.
Persons liable are:
The persons criminally liable for illegal
recruitment are the principals, accomplices and
accessories. In case of Juridical persons, the
officers having control, management or
direction of their business shall be liable.
2.Under what circumstances is illegal
recruitment an offense involving economic
sabotage?
Ans. Illegal recruitment when committed by a
syndicate or in large scale shall be considered as
offense involving economic sabotage.
Illegal recruitment is deemed committed by a
syndicate 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.
3.Is the secretary of labor legally authorized to
order the arrest of an illegal recruiter?
Ans. No, under article III, section 2 of the 1987
Constitution, it is only the judges, no other, who
may issue warrants of arrest and search.
However, the secretary of labor or his duly
authorized representatives may cause the lawful
arrest of illegal recruiters either:
a.) By virtue of a judicial warrant issued by the RTC,
MTC or MCTC judge, as the case may be, or
b.) Without judicial warrant, under the provisions of
Section 5, Rule 113 of the 1985 rules on criminal
procedure, as amended by A.M. no. 00-5-03-SC
May he order the closure of an illegal
recruitment office?
Ans.
Yes, the Secretary of Labor or his duly
authorized representative may order the closure
of illegal recruitment establishment.
Title II Employment of Non-resident Aliens
Box 6 - Daypuyat
1. Who are the foreign nationals that cannot work
in the Philippines without an employment
permit?
Art. 40 requires only non-resident aliens to
secure employment permit.
2. Who are exempt from such requirement?
a. All members of the diplomatic service and
foreign government officials accredited by and
with the reciprocity arrangement with the
Philippine government;
b. Officers and staff of the international
organizations of which the Philippine
government is a member, and their legitimate
spouses desiring to work in the Philippines;
c. Foreign nationals elected as members of the
governing board who do not occupy any other
position, but have only voting rights in the
corporation;
d. All foreign nationals granted exemption by the
law;
e. Owners and representatives of foreign principals
whose companies are accredited by the POEA,
who come to the Philippines for a limited period
and solely for the purpose of interviewing
Filipino applicants for employment abroad;
f. Foreign nationals who come to the Philippines
to teach, present and/or conduct research
studies in universities and colleges visiting,
exchange or adjunct professors under formal
agreements between the universities or colleges
in the Philippines and foreign universities or
colleges; or between the Philippine government
and foreign government; provided that the
exemption is on a reciprocal basis; and
g. Resident foreign nationals.
Book Two Human Resources Development
Title I National Manpower Development
Program
Chapter I National Policies and Administrative
Machinery for their Implementation
Box 7 - Torres
1. What is TESDA and what are its responsibilities?
Technical Education and Skills Development
Authority
C. Finance and Administrative Division
Responsibilities:
A. Office of the Executive Director
The Office of the Executive Director shall be
composed of the Executive Director III and
his/her immediate staff. The Executive Director
shall be the head of the TESDA Secretariat
Proper and as such, he/she shall exercise
general supervision and control over its
technical and administrative personnel and
financial administration. The Executive Director
shall be appointed by the Regional Governor in
accordance with the provisions of the ARMM
Administrative Code and Civil Service Law, Rules
and Regulations.
B. Regional Operations Division (ROD)
The Regional Operations Division shall be
headed by a Division Chief subject to the
qualifications set by existing laws on
appointment. The ROD shall:
Serve as the Secretariat to the Regional
Technical Education and Skills Development
Committees (RTESDCs);
Provide effective planning, supervision,
coordination and integration of technical
education and skills development programs (e.g.
program registration and accreditation,
assessment and certification, youth profiling for
starring careers and scholarship grants) and
projects (e.g. skills trainings) and related
activities;
Develop and recommend TESDA programs for
regional and local-level implementation within
the policies set by the Authority;
Design and establish planning processes and
methodologies to enhance the efficiency of
resource allocation decisions within the TESD
sector;
Conduct researches, studies for effective and
efficient planning and policy making within the
sector;
Monitor and analyze labor market
information; and
Perform such other functions as may be
delegated by the Executive Director and the
Board.
The Office of the Executive Director shall also be
assisted by the Finance and Administrative
Division (FAD) headed by a Division Chief subject
to the qualifications set by existing laws on
appointment. The FAD shall:
Monitor and control utilization of funds of all
operating units;
Provide technical assistance on budgetary
matters to operating units;
Maintain and update all books of accounts for
all funds;
Monitor work performances of, and study and
implement areas of human resources and
management development for, all employees of
 the TESDA;
Coordinate procurement and storekeeping of
supplies, materials and equipment and
recommend disposal unserviceable of tools and
equipment; and
Attend to the maintenance of records on
deductions and their timely remittance to the
proper agencies.
D. Provincial Offices
The Provincial Offices shall be headed by Career
Executive Service Officers with the rank of a
Director II. The Provincial TESDA Offices (POs)
shall be under the direct control and supervision
of the Executive Director. The POs shall:
Serve as secretariat to Provincial Technical
Education and Skills Development Committees
(PTESDCs);
Provide technical assistance particularly to
LGUs for effective supervision, coordination,
integration and monitoring of TVET programs
within their localities;
Review and recommend TESDA programs for
implementation within their localities;
Coordinate programs of private schools and
assessment centers;
Establish network of institutions, LGUs and
enterprises implementing the TVET programs;
and
Perform such other duties and functions as
may be authorized.
E. The Regional Manpower and Development
Center
The Regional Manpower Training Center (RMDC)
shall be headed by a Center Chief or Chief TESD
Specialist with salary grade 24 subject to the
qualifications set by existing laws on
appointment. The RMDC shall:
serve as the center for excellence in the
implementation of Center-based skills trainings;
serve as venue for continuing development of
trainers, teachers and instructors;
serve as venue for skills assessments and
certifications of Technical-Vocational Education
and Training (TVET) graduates;
provide vocational trainings on specialized
programs;
a. Arabic Language and Saudi/Gulf Culture
b. Automotive Servicing-National Certificate
level I
c. Beauty Care National-Certificate Level II
d. Carpentry-National Certificate Level II
e. Computer Hardware Servicing-National
Certificate level II
f. Consumer Electronics Servicing-National
Certificate Level II
g. Dressmaking-National Certificate Level II
h. Electrical Installation and Maintenance-
National Certificate Level II
i. English Language and Culture
j. Household Services-National Certificate Level II
k. Housekeeping National certificate Level II
l. Machining-National Certificate Level II
m. Masonry-National Certificate Level II
n. Motorcycle/Small Engine Servicing-National
Certificate Level II
o. PV Systems Design-National Certificate Level
III
p. PV Systems Installation-National Certificate
Level II
q. PV Systems Servicing and Maintenance-
National Certificate Level III
r. Plumbing-National Certificate Level II
s. RAC Window AC/Domestic Refrigeration-
National Certificate Level I
t. Shielded Metal Arc Welding-National
Certificate Level II
u. Gas Metal Arc Welding-National Certificate
Level II
undertake research and development to
improve service delivery in the center; and
organize and conduct symposia/seminars and
other related activities.
2. How may the success or failure of TESDA be
measured? (This is purely based on the left side
my cerebral cortex. Haha!)
The success of the TESDA training programs will
be gauged by how they connect skills training to
jobs.
By looking into whether or not its vision and
mission are achieved.
 Book Three Conditions of Employment
Title I Working Conditions and Rest Periods
Chapter I Hours of Work
Box 8 - Melendez
1. Obviously, the law on conditions of
employment cannot apply if employer-
employee relationship does not exist between
the parties. In law who is considered an
employee? An employer?
Ans. Employer includes any person acting in
the interest of an employer in relation to an
employee.
Employee includes any individual employed by
an employer
Under SSS law Employer Any person,
natural or juridical, domestic or foreign, who
carries on in the Philippines any trade, business,
industry, undertaking, or activity of any kind and
uses the services of another person who is
under his orders as regards the employment.
Employee Any person who performs services
for an employer in which either or both mental
and physical efforts are used and who receives
compensation for such services, where there is
an employer-employee relationship
2. What are the implications or consequences of
the existence of the employment relationship?
Who are employees excluded from the
coverage of the law on employment
conditions?
Ans. To protect workers/employee against
businessman trying to avoid the bringing about
of an employer-employee relationship in their
enterprises because that juridical relations
spawn obligations connected with workmens
compensation, social security, medicare,
termination pay, unionism.
Excluded employees are the following:
a. Govt. employee
b. Managerial employees, including other officers
or members of the managerial staff.
c. Field personnel
d. Employers family member who depend on him
for support
e. Domestic helpers
f. Persons in the personal service of another
g. Workers who are paid by results as determined
under DOLE regulations
3. What are the rights and responsibilities of the
employer and the employees as regards
determination and observance of work hours?
Ans.
1. All hours which the Ee is required to
give to his Er regardless of whether or not such
hours are spent in productive labor or involve
physical or mental exertion.
2. Rest period is excluded from hours
worked, even if Ee does not leave his workplace,
it being enough that:
a. He stops working
b. May rest completely
c. May leave his workplace, to go
elsewhere, whether within or outside the
premises of the workplace
3. All time spent for work is considered
hours worked if:
a. The work performed was necessary
b. If it benefited the Er
c. Or the Ee could not abandon his work
at the end of his normal working hours because
he had no replacement
d. Provided, the work was with the knowledge
of his Er or immediate supervisor
4. The time during which an Ee is inactive
by reasons of interruptions in his work beyond
his control shall be considered working time:
a. If the imminence of the resumption of
the work requires the Ees presence at the place
of work or
b. If the interval is too brief to be utilized
effectively and gainfully in the Ees own interest.
4. In law what are considered hours worked?
Which ones are unworked, hence not
compensable? Is lunch break compensable?
What travel hours should be paid?
Ans.
As rule hours worked shall include:
(a) All time during which an employee is required to
be on duty or to be at prescribed workplace.
(b) All the time during which an employee is
suffered or permitted to work.
Rest periods of short duration during working
hours shall be counted as hours worked.
The following are unworked hence not
compensable
a. Mealtime except when he is required to perform
his duties whether active or inactive while eating
b. Normal travel from home to work except
emergency call s outside his regular working
hours.
Lunch break is not compensable except when it
is required to perform duties whether active or
inactive
Travel should be paid on following cases:
a. Emergency call outside of his regular working
hours and is required to travel to his place of
business or some other work site, all time spent
in such travel is working.
b. Time spent by an employee in travel as part of
his principal activity, such as travel from jobsite
to jobsite during the workday must be counted
as hours worked.
c. Travel away from home is clearly work time
when it cuts across the employees workday
5. Is rendition of overtime work an obligation?
Ans. No. Overtime work is voluntary. Except
Compulsory Overtime work in any of the
following situations:
1. Urgent work to be performed on machines and
installations in order to avoid serious loss or
damage to the Er or some other cause of similar
nature
2. Work is necessary to prevent loss or damage to
perishable goods
3. In case of imminent danger to the public safety
due to an actual or impending emergency in the
locality caused by serious accidents, fire, flood,
typhoon, earthquake, epidemic or other disaster
or calamity
4. Country is at war
5. Completion or continuation of the work started
before the 8th hour is necessary to prevent
serious obstruction or prejudice to the business
operations of the Er
6. Any other national or local emergency has been
declared
7. Necessary to prevent loss of life or property.
Chapter II Weekly Rest Periods
Box 9 - Jadap
1. When is an employee's rest day?
Every employee regardless of the nature of his
work is entitled to at least one whole day every
week as his rest day. The rest day or day off shall
be determined by the employer. However, in
cases where the employee is required by his
religious belief to rest on certain days, such
belief shall be respected by the employer
2. May an employer require work on rest day?
On non-working 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 and Employment. [Art. 92, LC
Chapter III Holidays, Service Incentive Leaves
and Service Charges
Box 10 - Jamila
1. What is holiday pay & who are the employees
entitled to it?
ANS:
Is a oneday pay given by law to an
employee even if he does not work on a regular
holiday. It is limited to the twelve (12) regular,
also called legal holidays listed by law.
General rule, all employees in all
establishments whether for profit or not are
entitled to a holiday pay, provided that, he
should not have been absent without pay on the
working day preceding the regular holiday.
Exception, holiday pay does not apply to:
1. Government employees;
2. Managerial employees including members of
managerial staff; 3. Field personnel;
4. Members of the family of the employer who
are dependent on
him for support; and
5. Employees of retail & services establishments
regularly
employing not more than ten (10) workers.
2. What is service incentive leave? Is a part-time
worker entitled to S.I.L to the same extent as a
full-timer?
ANS:
It refers to the to the five (5) days leave with
pay for every employee who has rendered at
least one (1) year of service.
Yes, part-time workers are also entitled to the
full benefit of the yearly 5-day S.I.L. The reason
is that the provisions of article 95 speak of the
number of months in a year for the entitlement
to the said benefit.
3. Aside from S.I.L, what other kinds of leave are
granted by law?
ANS:
The other kinds of leave that are granted by law
are the following:
1. R.A No. 8187 - Paternity and Maternity Leave;
2. R.A No. 8972 - Parental (solo parent) Leave; and
3. R.A No. 9262 Battered Woman Leave.
Title II Wages
Chapter I Preliminary Matters
Box 11 - Dardo
1. What is wage? What does it include?
To determine whether ones wage
meets the legal minimum, should non-cash
benefits included in the computation?
Wage is the remuneration or
earnings,however designated,capable of being
expressed I in terms of money,wether fixed or
ascertained on a time,piece,or commission basis
or other method of calculating the same,which
is payable by an employer to an employee under
a written or unwritten contract of employment
for done or to be done or for services rendered
or to be rendered and includes the fair and
reasonable value,as determined by the
Secretary of Labor,of board,lodging,or other
facilities customarily furnished by the employer
to the employee.
Wage or Salary includes;
1. Commission
2. Facilities
3. Commodities/Supplements
Yes, non-cash benefits maybe
included in the computation of wages such as
board and lodging customarily furnished by the
employer to the employee.
2. Facilities are wage-deductible,
Supplements are not. How are they
differentiated?
In short, the benefit or privilege given to
the employee, which constitutes an extra
remuneration over and above his basic or
ordinary earning or wage, is supplement.
When benefit or privilege is part of the laborers
basic wages, it is a facility. The criterion lies
not so much on the kind of the benefit or item
given,but its purpose.
3. What establishments may be exempted from
observance of the minimum wage law?
1. Farm tenancy or leasehold;
2. Household or domestic helpers;
3. Homeworkers engaged in needle-work;
4. Workers employed in any establishment duly
registered with the National Cottage Industry
Development Authority (NACIDA);
5. Workers in duly registered cooperatives when so
recommended upon approval by the Secretary
of Labor;
6. Workers of a Barangay Micro Business
enterprise
Chapter II Minimum Wage Rates
Box 12 - Lusica
1. Minimum wage rates are regionalized, i.e., they
vary among the regions. How is this justified?
The minimum wage rates were regionalized
based on the following applicable laws:
a. Art. 99 of the Labor Code provides that the
minimum wage rates for agricultural and non
agricultural employees and workers in each and
every region of the country shall be those
prescribed by the Regional Tripartite Wages and
Productivity Boards.
a. Correction of error;
b. Negotiated benefits;
c. Wage order compliance;
d. Benefits on reimbursement basis;
b. By virtue of RA 6727 (Wage Rationalization Act),
the regional wage boards or RTWPBs have
issued wage orders fixing the minimum wages
for their respective regions. chardox
2. What is the Rule on Nondiminution of benefits?
Does it apply to benefits negotiated through a
collective bargaining agreement (CBA) or to
conditional benefits such as bonus?
The rule on Nondiminution of Benefits is simply
the prohibition against elimination or diminution
of employee benefits under Article 100 of the
Labor Code. So that the rule against diminution
of supplements or benefits may apply, it must
be shown that:
a. The grant of the benefit is founded on a policy
or has ripened into a practice over a long period;
b. The practice is consistent and deliberate;
c. The practice is not due to error in the
construction or application of a doubtful or
difficult question of law; and
d. The diminution or discontinuance is done
unilaterally by the employer.
No. Benefits initiated through negotiation
between employer and employees, such as
those contained in a collective bargaining
agreement, are not within the prohibition of
Article 100 because, as products of bilateral
contract, they can only be eliminated or
diminished bilaterally. What the law forbids is
elimination or modification done unilaterally by
the employer.
Neither does the rule under Art. 100 apply to a
benefit whose grant depends on the existence of
certain conditions, so that the benefit is not
demandable if those preconditions are absent.
An example of this is the giving of bonus which is
not part of the employees regular
compensation. It is only an act of generosity.
In sum, jurisprudence recognizes exceptions to
the application of Article 100:
e. Reclassification of position;
f. Contingent benefits or conditional bonus; and
g. Productivity incentives.
3. What is the thirteenth-month pay and who are
entitled to it? On what basis is it computed?
Are commissions part of the pay?
Thirteenth-month pay is an additional monetary
benefit given to an employee by creating an
imaginary thirteenth month and obliges
employers to pay the employees for that
imaginary month. It is a statutory grant under
P.D. No. 851.
All rank-and-file employees, regardless of salary
rate, shall be entitled to 13th-month pay.
Under the implementing rules of P.D.851, the
basis of computation of 13th-month pay shall be
the one-twelfth (1/12) of the basic salary of an
employee within a calendar year.
In the case of Philippine Duplicators vs. NLRC,
the Court ruled, essentially, that commissions
are included or excluded, depending on what
kind of commissions are involved.
a. The applicable statutory minimum daily rate;
b. Yearly service incentive leave of five (5) days
with pay;
c. Night shift differential pay;
d. Holiday pay;
e. Meal and rest periods;
f. Overtime pay (conditional)
g. Premium pay (conditional)
h. 13th-month pay
Other benefits granted by law, by individual or
collective agreement
Chapter III Payment of Wages
Box 13 - Estacion
1. Is it lawful to pay the wages only once a
month? May the wages be paid in form of
goods such as phone cards?
Ans.:
Under Art. 103 of the Labor Code; Wages
shall be made at least once every two (2)weeks
or twice a month at intervals not exceeding
If the commissions may properly be
considered part of the basic salary, they should
be included in computing the 13th-month pay.
(i.e. wage-or sales-percentage type)
If the commissions are not integral part
of the basic salary, then they should be
excluded. (i.e. profit-sharing or bonus type)
4. Wages calculated according to work output,
instead of time spent, is lawful. On what
conditions?
This is the so-called Payment by Results under
Article 101 of the Labor Code. Under the law,
the wage rates paid to workers paid by results,
including pakyao, piecework and other
noontime work must be fair and reasonable.
5. What statutory benefits are piece-rate workers
entitled to?
On the basis of existing labor regulations and
more recent jurisprudence, piece rate workers
are entitled to the benefits, as follows:
sixteen (16) days. If on account of Force majeure
or circumstances beyond the employers control,
payment of wages on or within the time herein
provided cannot be made, the employer shall
pay the wages immediately after such force
majeure or circumstances have ceased. No
employer shall make payment with less
frequency than once a month.
No employer shall pay the wages of an
employee by means of promissory notes,
vouchers, coupons, tokens, tickets, chits or any
object other than legal tender, even when
expressly requested by the employee.
2. What is independent contracting in contrast to
labor-only contracting? What does the latter
consist of and why does the law prohibit it?
Ans.:
Independent contracting is an arrangement
whereby a principal agrees to put out or farm
out with a contractor or subcontractor the
 performance or completion of a specific job
work or service within a definite or
predetermined period, regardless of whether
such job, work or service to be performed or
completed within or outside the premises of the
principal as hereinafter qualified. Contracting, as
the, definition shows, refers to the completion
or performance of a job, work, or service within
a given period. Labor-only contracting, on the
other hand, is not really contracting because the
arrangement is merely to recruit or place people
to be employed, supervised and paid by
another, who, therefor, is the employer. The
commitment of the so-called contractor is not
to do and deliver a job, work or service but
merely to find and supply people. The
contractor is a pseudo-contractor; in fact, he
himself might even be an employee of the
employer. Thus, labor-only contracting is self-
contradictory because there is no contactor and
no contracting in L.o.C.
It is prohibited because it is an attempt to
evade the obligations of an employer.
Section 5 of D.O. No. 18-02-Prohibition against
labor-only contracting Labor-only contracting
is hereby declared prohibited. For this purpose,
labor-only contracting shall refer to an
arrangement where the contractor or
subcontractor merely recruits, supplies or place
workers
To perform a job, work or service for principal,Chapter IV Prohibition Regarding Wages
and any of the following elements are present:
Box 14 - Ga
(i) The contractor or subcontractor does not have
substantial capital or investment which relates
to the job, work, or service to be performed and
the employees recruited, supplied or place by
such contractor or subcontractor are performing
activities which are directly related to the main
business of the principal; or
(ii) The con tractor does not exercise the right to
control over the performance of the work of the
contractual employee.
3. Other than labor-only contracting, what forms
or acts of labor contracting are disallowed?
Ans.:
Notwithstanding Section 5 of these
Rules the following are hereby declared
prohibited for being contrary to law or public
policy.
(a) Contracting that terminates the employment of
regular employees, or reduce their work hours,
or reduces or splits a bargaining unit, if such
contracting out is not done in good faith and not
justified by business exigencies.
(b) Contracting with cabo
(c) Contracting with in-house agency
(d) Contracting because of a strike or lockout.
(e) Contracting that constitutes ULP under Article
248.
4. May an indirect employer be held liable
answerable for an illegal dismissal done by the
direct employer?
Ans.:
Every employer or indirect employer shall be
held responsible with his contractor or
subcontractor for any violation of any provision
of this Code. For purposes of determining the
extent of their civil liability under this Chapter,
they shall be considered as direct employers.
1. What wage deductions are legally allowed?
Ans. Expressly provided in the Labor Code
Art. 113. WAGE DEDUCTION
No employer, in his own behalf or in behalf of
any person, shall make any deduction from the
wages of his employees, except:
(a) In cases where the worker is insured with his
consent by the employer, and the deduction is
to recompense the employer for the amount
paid by him as premium on the insurance;
(b) For union dues, in cases where the right of the
worker or his union to check-off has been
 recognized by the employer or authorized in
writing by the individual worker concerned; and
(c) In cases where the employer is authorized by
law or regulations issued by the Secretary of
Labor.
Deductions authorized by law:
a. Deduction for value of meals and other facilities.
b. In cases where the employee is insured with his
consent by the employer, deductions for the
amount paid by said employer, as premiums on
the insurance.
c. In cases where the right of the employees or his
union to checkoff has been recognized by the
employer or authorized in writing by the
individual employee concerned.
d. In cases where the employee is indebted to the
employer, where such indebtedness has become
due and demandable.
e. In court awards, wages may be the subject of
execution or attachment, but only for debts
incurred for food, shelter, clothing and medical
attendance.
f. Withholding tax
g. Salary deductions of a member of a legally
established cooperative
h. SSS, Medicare and Pag-ibig contributions
2. May an employer deduct from the employees
salary the cost of company property lost or
damaged by the employee?
Ans. According to the implementing rules,
payments for lost or damaged equipment is
deductible from the employees salary if four
conditions are met namely:
a. The employee is clearly shown to be responsible
for the loss or damage;
b. The employee is given ample opportunity to
show cause why deduction should not be made;
c. The amount of the deduction is fair and
reasonable and shall not exceed the actual loss
or damage;
d. The deduction from the employees wage does
not exceed 20 percent of the employees wages
in a week.
3. May labor standards violation justify a strike?
Ans. A wage violation is unlawful and may be
pursued in a money claim, not through a strike.
But a strikeable situation may arise when the
employer retaliates against the complaining
employee, and the retaliation is of the kind
considered as ULP under Art. 248(f). Violation of
labor standards, therefore, may ultimately cause
or justify a strike if Article 248 (f) or Article 261
(gross violation of the CBA) is applicable.
Chapter V Wage Studies, Wage Agreements,
and Wage Determination
Box 15 Cruz
1. What is the NWPC? The RTWPB? What are
their respective authorities as regards wage
determination?
A: NWPC or National Wages and
Productivity Commission, prescribes rules and
guidelines for determination of appropriate
minimum wage and productivity measures at
the regional, provincial or industry levels.
Further the NWPC may review the wage levels
set by the RTWPB. But a wage-fixing order by
RTWPB does not need prior approval by the
NWPC
RTWPB or Regional Tripartite Wages and
Productivity Boards, are empowered to
determine and fix minimum wage rates
applicable in their regions and to issue the
corresponding wage orders, subject to
guidelines issued by the NWPC. But the
guidelined, like the Labor Code, do not require
NWPCs approval of a wage order. What it
requires is for the board to conduct a public
hearing over a petition for a wage order, to
decide such petition within 30 days after the last
hearing , and to furnish the Commission a copy
of the decision on the petition or the wage
order. Furnishing the NWPC a copy of the Wage
Order does not mean seeking the Commissions
approval.
2. What factors or criteria are considered in
determining a regions minimum wage
standard?
A: ARTICLE 124. Standards/Criteria for minimum
wage fixing. The regional minimum wages to
be established by the Regional Board shall be as
nearly adequate as is economically feasible to
maintain the minimum standards of living
necessary for the health, efficiency and general
well-being of the employees within the
framework of the national economic and social
development program. In the determination of
such regional minimum wages, the Regional
Board shall, among other relevant factors,
consider the following:
(a) The demand for living wages;
(b) Wage adjustment visvis the consumer price
index;
(c) The cost of living and changes or
increases therein;
(d) The needs of workers and their
families;
(e) The need to induce industries to
invest in the countryside;
(f) Improvements in standards of living;
(g) The prevailing wage levels;
(h) Fair return of the capital invested and
capacity to pay of employers;
(i) Effects on employment generation
and family income; and
(j) The equitable distribution of income and
wealth along the imperatives of economic and
social development.
The wages prescribed in accordance with the
provisions of this Title shall be the standard
prevailing minimum wages in every region.
These wages shall include wages varying with
industries, provinces or localities if in the
judgment of the Regional Board, conditions
make such local differentiation proper and
necessary to effectuate the purpose of this Title.
3. What obligations, if any, does an employer
have when salaries are distorted by compliance
with a wage order?
A: Where the application of any prescribed
wage increase by virtue of a law or wage order
issued by any Regional Board results in
distortions of the wage structure within an
establishment, the employer and the union shall
negotiate to correct the distortions. Any dispute
arising from wage distortions shall be resolved
through the grievance procedure under their
collective bargaining agreement and, if it
remains unresolved, through voluntary
arbitration. Unless otherwise agreed by the
parties in writing, such dispute shall be decided
by the voluntary arbitrators within ten (10)
calendar days from the time said dispute was
referred to voluntary arbitration.
In cases where there are no collective
agreements or recognized labor unions, the
employers and workers shall endeavor to
correct such distortions. Any dispute arising
therefrom shall be settled through the National
Conciliation and Mediation Board and, if it
remains unresolved after ten (10) calendar days
of conciliation, shall be referred to the
appropriate branch of the National Labor
Relations Commission (NLRC). It shall be
mandatory for the NLRC to conduct continuous
hearings and decide the dispute within twenty
(20) calendar days from the time said dispute is
submitted for compulsory arbitration.
The pendency of a dispute arising from a wage
distortion shall not in any way delay the
applicability of any increase in prescribed wage
rates pursuant to the provisions of law or wage
order.
Chapter VI Administration and Enforcement
Box 16 Cabunoc
1) Labor laws are enforced and administered
largely through DOLE's regional offices. How is
this administrative authority exercised?
Ans: (not sure)
 To carry out these responsibilities, the DOLE is
authorized to operate and maintain regional
offices (including district offices and provincial
extension units) in each of the country's
administrative regions. These offices serve as
the operational armsthe front line action
officesof the DOLE. This role is described in
Arts. 128 and 129.
Article 128. Visitorial and enforcement powers.
(a) The Secretary of Labor and Employment or
his duly authorized representatives, including
labor regulations officers, shall have access to
employer's records and premises at any time of
the day or night whenever work is being
undertaken therein, and the right to copy
therefrom, to question any employee and to
investigate any fact, condition or matter which
may be necessary to determine violations or
which may aid in the enforcement of this Code
and of any labor law, wage order or rules and
regulations issued pursuant thereto.
(b) The provisions of Article 217 of this Code to
the contrary notwithstanding and in cases
where the relationship of employer-employee
still exists, the Secretary of Labor and
Employment or his duly authorized
representatives shall have the power to order
and administer, after due notice and hearing,
compliance with the labor standards provisions
of this Code and other labor legislation based on
the findings of labor regulation officers or
industrial safety engineers made in the course of
inspection, and to issue writs of execution to the
appropriate authority for the enforcement of
their order, except in cases where the employer
contests the findings of the labor regulation
officer and raises issues which cannot be
resolved without considering evidentiary
matters that are not verifiable in the normal
course of inspection.
(c) The Secretary of Labor and Employment may
likewise order stoppage of work or suspension
of operations of any unit or department of an
establishment when non-compliance with the
law or implementing rules and regulations poses
grave and imminent danger to the health and
safety of workers in the workplace. Within
twenty-four hours, a hearing shall be conducted
to determine whether an order for the stoppage
of work or suspension of operations shall be
lifted or not. In case the violation is attributable
to the fault of the employer, he shall pay the
employees concerned their salaries or wages
during the period of such stoppage of work or
suspension of operation.
(d) It shall be unlawful for any person or entity
to obstruct, impede, delay or otherwise render
ineffective the order of the Secretary of Labor
and Employment or his duly authorized
representatives issued pursuant to the authority
granted under this Article, and no inferior court
or entity shall issue temporary or permanent
injunction or restraining order or otherwise
assume jurisdiction over any case involving the
enforcement orders issued in accordance with
this Article.
(e) Any government employee found guilty of
violation of, or abuse of authority under this
Article shall, after appropriate administrative
investigation, be subject to summary dismissal
from the service.
(f) The Secretary of Labor and Employment may
by appropriate regulations require employers to
keep and maintain such employment records as
may be necessary in aid of his visitorial and
enforcement powers under this Code.
2) Some labor disputes are likewise
adjudicated at the regional level. What are the
limits to such adjudicatory function?
Ans:
Under the provisions of Art 129, the Regional
Director is empowered through summary
proceedings and after due notice, to hear and
decide cases involving recovery of wages and
other monetary claims and benefits, including
legal interests, provided the following requisites
are present:
a) the claim is presented by an employee, or a
person employed in domestic or household
service, or househelper;
b) the claim arises from employer-employee
 relations;
c) the claimant does not seek reinstatement;
and
d) the aggregate money claim of each claimant
does not exceed P5,000.00
3) Administrative orders or adjudications are
appealable. To whom? When?
Ans:
Art. 129
xxx
Any decision or resolution of the Regional
Director or hearing officer pursuant to this
provision may be appealed on the same grounds
provided in Article 223 of this Code, within five
(5) calendar days from receipt of a copy of said
decision or resolution, to the National Labor
Relations Commission which shall resolve the
appeal within ten (10) calendar days from the
submission of the last pleading required or
allowed under its rules.
Title III Working Conditions for Special Groups
of Employees
Chapter 1 Employment of Women
Box 17 Elica
1. Women, as a rule, are not allowed to engage in
nightwork. What are the exceptions?
Ans. Art. 131. Exceptions. The prohibitions
prescribed by the preceding Article shall not
apply in any of the following cases:
1. In cases of actual or impending emergencies
caused by serious accident, fire, flood, typhoon,
earthquake, 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. In case of urgent work to be performed on
machineries, equipment or installation, to avoid
serious loss which the employer would
otherwise suffer;
3. Where the work is necessary to prevent serious
loss of perishable goods;
4. Where the woman employee holds a
responsible position of managerial or technical
nature, or where the woman employee has been
engaged to provide health and welfare services;
5. Where the nature of the work requires the
manual skill and dexterity of women workers
and the same cannot be performed with equal
efficiency by male workers;
6. Where the women employees are immediate
members of the family operating the
establishment or undertaking; and
7. Under other analogous cases exempted by the
Secretary of Labor and Employment in
appropriate regulations.
2. Sex discrimination at work is basically
wrongful. What acts are considered
discriminatory against women employees?
Ans. Art. 135. Discrimination prohibited. 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.
Criminal liability for the willful commission of
any unlawful act as provided in this Article or
any violation of the rules and regulations issued
pursuant to Section 2 hereof shall be penalized
 as provided in Articles 288 and 289 of this Code:
Provided, That the institution of any criminal
action under this provision shall not bar the
aggrieved employee from filing an entirely
separate and distinct action for money claims,
which may include claims for damages and other
affirmative reliefs. The actions hereby
authorized shall proceed independently of each
other. (As amended by Republic Act No. 6725,
May 12, 1989)
Chapter II Employment of Minors
Box 18 - Daypuyat
1. Childwork is wrongful and generally illegal.
Before a child may be put to work, what are
the legal requirements?
- It must be a nonhazardous work- the child is not
exposed to any risk which constitutes an
imminent danger to his safety and health.
- The child shall work only for such # of hours and
period of days as determined by the Secretary of
Labor.
- For below 15yrs old:
Must work directly under the sole responsibility
of the parents/legal guardian and where only
members of his family are employed;
It does not endanger childs life, safety, health
nor impair normal development;
The parent/legal guardian shall provide for the
childs primary and/or secondary education.
If employed in any form of media-Childs
participation must be essential;
Employment contract is concluded by the childs
parent or legal guardian with express agreement
of the child concerned, if possible, and the
approval of the DOLE;
The ff. are strictly complied with:
a. Er shall ensure the protection, health, safety,
morals and normal development of the child
b. Er shall institute measures to prevent
exploitation or discrimination of the child
(remuneration, working time)
c. Er shall formulate and implement continuing
program for training and skill acquisitions of the
child.
2. What are the employable ages?
Between 15 and 18 for non-hazardous work
18 and above for any hazardous work
Below 15yrs old-GR: not allowed to work.
Exceptions: (RA 9231 refer to page 444 if you
must )
1. When a child works directly under the sole
responsibility of the parents and where only
members of his family are employed;
2. Artista nga bata AKA child star :p
Chapter III Employment of Househelpers
Box 19 - Torres
1. What statutory employment benefits do
househelpers have?
a. Standard treatment any kind of abuse or any
form of physical violence or harassment or any
act tending to degrade the dignity of a domestic
worker is not allowed.
b. Free board, lodging and medical attendance
c. Guarantee of privacy- extends to all forms of
communication and personal effects.
d. Access to outside communication-during free
time. In case of emergency, access to outside
communication shall be at all times.
e. Right to education and training- primary
education; ALS; and higher education, technical
and vocational training, if practicable.
f. Health and safety
g. Daily rest period-8hrs/day
h. Weekly rest period-24hrs
i. Minimum wage-
i. 2,500php/month for those employed in NCR;
ii. 2,000php/month for those employed in
chartered cities and first class municipalities;
and
iii. 1,500php/month for those employed in other
municipalities.
j. Leave benefits- 5 days with pay for those who
have rendered at least 1yr of service.
k. Social and other benefits-must have rendered at
least one month of service
i. SSS
ii. PhilHealth
iii. Pag-ibig

2. When a househelpers employment is
terminated, is he entitled to separation pay?
There is no provision of separation pay under
the Kasambahay Law. But it provides that if the
domestic worker is unjustly dismissed, the
domestic helper shall be paid the compensation
already earned plus the equivalent of 15 days
work by way of indemnity. (Sec 32)
1. What are the significant changes introduce
by labor code to the law that awards
compensation benefits to employees who
sustain work connected injury?
Where an ailment supervened before the new
labor code, the governing law is the Workmen
Compensation Act. Thus, the changes are as
follows:

Workmen Employees
Compensation Act. Act Compensation Law pd
3. Does the SSS law apply to househelpers? 3428 442 amended by pd
Yes. A domestic worker who has rendered at 626
least one month of service shall be covered by (labor code)
the Social Security System and entitled to all the there is presumption of no presumption of
benefits in accordance with the pertinent compensability compensability
provisions of the SSS law. (Sec 30) no need to present causation proof of
*Answers taken from RA 10361 -Kasambahay proof of causation causation is needed of
Law diseases is not listed
employer has burden of Claimant
Chapter IV Employment of Homeworkers proof
there is presumption of aggravation no
Box 20 - Melendez aggravation presumption
if he so desires, employer is not
1. Are homeworkers entitled to the right to self- employer had to allowed much less
organize? Are they SSS covered? controvert the claim required to intervene
Ans. within 14 days from in the process of the
Yes, in the new rule, it authorizes the formation date of disability or 10 compensation claim
and registration of labor organization of days from the
industrial homeworkers. It also makes explicit knowledge, otherwise it
the employers duty to pay and remit SSS, is deemed waived
medicare and ECC Premiums. payment of payment of
2. Who is their employer? compression is made by compensation is made
Ans. employer by the sss/gsis through
Employers of homeworkers includes any person, state insurance fund.
natural or artificial, who for his account or Employer obligation is
benefit or on behalf of any person residing to pay counter
outside the country, directly or indirectly or contribution
through any employee, agent, contractor, litigation, quasi judicial judicial administrative
subcontractor or any other person.

Title II Employees Compensation and State 2. Under what circumstances is an injury

Insurance Fund considered work connected and therefore
compensable?
Chapter I Policy and Definitions
Conditions:
Box 21 - Jadap
1. The employee must have been injured
at the place where the work required
him to be
2. The employee must have been
performing his official functions
3. If the injury is sustained elsewhere,
the employee must have been executing
an order of the employer
4. The injury was not due to the
employees intoxication, willful intention
to injure or kill himself or another, or
notorious negligence Injuries incurred by
a health worker while doing overtime
work shall be considered work-
connected.
3. What kind of disease are compensable?
Occupational disease listed by the commission
otherwise, proof must be shown that the risk of
contracting the disease is increased by the
working conditions.
4. Explain the theory of increased risk?
If an ailment is not included in the list of
occupational disease as drawn up by the
commission, the claimant has the burden of
proving that the nature of the work increased
the risked of contacting the disease. The
claimant must show proof of reasonable work
connection, not necessarily direct causal
relation.
5. What is the dual purpose doctrine?
An employees status of acting in the course of
his employment is not negated by the fact that
He may be pursuing a dual purpose.
Considers as compensable an injury that an
employee sustains while on a trip undertaken
for the benefit of employer even if in the course
thereof the employee pursues also a personal
purpose.
6. If the cause of disease is unknown, for
example, cancer, must the claimant prove that
it is work related so as to obtain benefits under
SIF?
Yes. Proof is required.
As a general rule, cancer is a disease still
unknown origin which strikes people in all walks
of life. Unless it be shown that a particular form
of cancer is caused by specific working
conditions or environment, one cannot conclude
that it was the employment which increased the
risk of contracting the disease.
Chapter II Coverage and Liability
Box 22 - Jamila
1. Who are the employees & employers
compulsorily covered by the employees
compensation program?
ANS:
The employees compensation law applies to all
employers, public or private, & to all employees,
public or private, including casual, emergency,
temporary or substitute employees.
2. What is notorious negligence that can cause
denial of compensation claim?
ANS:
Notorious negligence is something more than
simple or contributory negligence. It signifies a
deliberate act of the employee to disregard his
own personal safety. Disobedience to the rules
and/or prohibition does not in itself constitute
notorious negligence, id no intention can be
attributed to the injured to end his life.
3. What benefits are claimable under the EC
program & under the SS law because of an
injury or disease?
ANS:
Benefits claimable under the EC Program are
the following:
1. Services The decisions of either SSS or
a. Medical services, appliances & supplies; and GSIS, if unfavorable to the claimant are
b. Rehabilitation services appealable to the ECC. Upon appeal, the system
2. Cash Income Benefits or Pension due to: elevates the record of the case to the ECC for
a. Temporary total disability; review.
b. Permanent total disability;
c. Permanent partial disability; and Chapter IV Contributions
d. Death
3. Funeral Benefits Box 24 - Lusica

1. Is it the employers or the consumers that

Benefits claimable under the SS Law shoulder the contributions to the State
are the following: Insurance Fund (SIF)?
1. Monthly Pension;
Employers. Under the law, contributions shall be
a. Dependents pension
paid in their entirety by the employer and any
b. Retirement benefits
contract or device for the deduction of any
2. Death Benefits & Permanent Disability Benefits;
portion thereof from the wages or salaries of the
3. Funeral Benefits;
employees shall be null and void. chardox
4. Sickness Benefits; and
5. Maternity Leave Benefits Chapter V Medical Benefits
NOTE: Simultaneous recovery of benefits under Box 25 - Lusica
Employees Compensation Program of the Labor
Code & under the Social Security Law is allowed. 1. What are the benefits recoverable under the EC
Program?

The benefits or compensation extended to the

Chapter III Administration employee (or to beneficiaries) are of three
kinds: services, income benefit, and funeral
Box 23 - Dardo benefit.
A. Services
1. Who administers the State Insurance Fund? (1) Medical services, appliances and supplies;
What is the role of the SSS? (2) Rehabilitation services;
B. Cash Income Benefit or Pension due to:
It is administered by the government and (1) Temporary total disability;
attached to the Department of Labor for policy (2) Permanent total disability;
coordination and guidance. Its chairman is the (3) Permanent partial disability;
Secretary of Labor and Employment. (4) Death.
The SSS is the collecting agent of the C. Funeral benefit. chardox
employees in the private sector of the State
Insurance Fund. 2. Are medical benefits payable even after ones
2. Does the EC Commission decide on retirement?
compensation claims? Are their decisions
appealable? Yes. In the case of Itogon Suyoc Mines Inc. vs.
Dulay, et al, medical attendance is owing as long
Yes, the EC is the policy-making as the employee is sick of a compensable illness,
body of the Employees Compensation Program and this duty is not ended when employment
and also the appeal body. terminates.
 Chapter VI Disability Benefits
Box 26 - Daypuyat
1. What are the kinds of disability benefits under
the EC program?
a. Income benefit
i. For temporary total disability
ii. Equivalent to 90% of his average daily salary
credit
iii. Shall be paid to the ee from day 1 of his
disability until the 120th day
b. Full monthly income benefit
i. for permanent total disability
ii. guaranteed for 5yrs
c. Permanent partial disability benefit
i. for Permanent partial disability
ii. same amount with permanent total
iii. monthly/lump sum (Until how many months will
the ee receive the income benefit under this
category? Refer to page 553. Example: loss of
one thumb-10 months)
2. When is a disability considered permanent-
total?
If the ee is unable to perform any gainful
occupation for a continuous period exceeding
120 days.
An incapacity to perform gainful work which is
expected to be permanent. But does not require
a condition of complete helplessness. Nor is it
affected by the performance of occasional odd
jobs (Abaya v. ECC)
Example: Article 192
a. Temporary total disability lasting continuously
for more than 120 days, except as otherwise
provided;
b. Complete loss of sight of both eyes;
c. Loss of two limbs at or above the ankle or wrist;
d. Permanent complete paralysis of two limbs;
e. Brain injury resulting in incurable imbecility and
insanity; and
f. Such cases as determined by the System and
approved by the commission.
Chapter VII Death Benefits
Box 27 - Culaway
1. In case an SIF covered employee dies, how are
the beneficiaries of the death benefits
As provided by law, Art 194(a) Under such
regulations as the Commission may approve, the
System shall pay to the primary beneficiaries
upon the death of the covered employee under
this Title, an amount equivalent to his monthly
income benefit, plus ten percent thereof for
each dependent child, but not exceeding five,
beginning with the youngest and without
substitution, except as provided for in paragraph
(j) of Article 167 hereof: Provided, however,
That the monthly income benefit shall be
guaranteed for five years: Provided, further,
That if he has no primary beneficiary, the
System shall pay to his secondary beneficiaries
the monthly income benefit but not to exceed
sixty months: Provided, finally, That the
minimum death benefit shall not be less than
fifteen thousand pesos.
2. If there are competing claimants who resolves
the disputes?
a. If there competing claimants the ECC is
empowered by law to resolve disputes in
compensation claims.
Chapter VIII Provisions Common to Income
Benefits
Box 28 - Palamine
1. What are the liabilities of an employer who is
delinquent in his contributions to the SIF?
An employer who is delinquent in his
contributions shall be liable to the System for
the benefits which may have been paid by the
System to his employees or their dependents,
and any benefit and expenses to which such
employer is liable shall constitute a lien on all his
property, real or personal, which is hereby
declared to be preferred to any credit, except
taxes. The payment by the employer of the lump
sum equivalent of such liability shall absolve him
from the payment of the delinquent
contribution and penalty thereon with respect
to the employee concerned.
 2. What is the prescriptive period of EC
claims?
As provided by law, No claim for compensation
shall be given due course unless said claim is
filed with the System within three (3) years from
the time the cause of action accrued. (As
amended by Section 5, Presidential Decree No.
1921). Art 201
Chapter IX Records, Reports and Penal
Provisions
Box 29 - Ga
1. What steps need to be observed in filing and
pursuing an EC claim?
Ans. Under Art. 206 of the present law on
Employees Compensation, it is required that the
employee, his dependents or anybody on his
behalf, should give the notice of sickness, injury
or death to the employer within five (5) days
from the occurrence of the contingency. The
purpose is not only to establish the employees
right to compensation, as no claim for
compensation shall be given the employer, but
also to enable the employer to comply with its
duty under the Rules that of entering the
contingency in the logbook and of giving also
due notice to the System if the injury, sickness
or death is deemed work-connected.
The same article provides, however, that notice
need not be given if the employer or his agent or
representative is aware of the contingency that
gives rise to the claim for compensation.
2. Under what circumstances may the notice to
the employer be dispensed with?
Ans. Under ECC Resolution No. 2127, notice of
injury, sickness or death of the employee need
not be given to the employer in any of the
following situations:
a. When the employee suffers the contingency
within the employers premises;
b. When the employee officially files an application
for leave of absence by reason of the
contingency from which he suffers;
c. When the employer provides medical services
and/or medical supplies to the employee who
suffers from the contingency; and
d. When the employer can be reasonably
presumed to have knowledge of the employees
contingency, in view of the ff. circumstances:
1. The employee was performing an official
function for the employer when the contingency
occurred;
2. The employees contingency has been publicized
through mass media outlets; or
3. The specific circumstances of the occurrence of
the contingency have been such that the
employer can be reasonably presumed to have
readily known it soon thereafter; and
4. Any other circumstances that may give rise to a
reasonable presumption that the employer has
been aware of the contingency.