B.

Employer-Employee Relationship
Constitution
Art 13, Sec 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment
and equality of employment opportunities for all. It shall guarantee
the rights of all workers to self-organizations, and peaceful concerted
activities, including the right to strike in accordance with law. They
shall be entitled to security of tenure, humane conditions of work, and
a living wage. They shall also participate in policy and decisionmaking processes affecting their rights and benefits as may be
provided by law. The State shall promote the principle of shared
responsibility between workers and employers and the preferential
use of voluntary modes in settling disputes, including conciliation,
and shall enforce their mutual compliance therewith to foster
industrial peace. The State shall regulate the relations between
workers and employers, recognizing the right of labor to its just share
in the fruits of production and the right of enterprises to reasonable
returns on investments, and to expansion and growth.
Art 2, Sec 18. The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their welfare.
Art 3, Sec 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies
for purposes not contrary to law shall not be abridged.

C. Subcontracting
Art 106. Contractor or subcontractor. Whenever an employer
enters into a contract with another person for the performance of the
formers work, the employees of the contractor and of the latters
subcontractor, if any, shall be paid in accordance with the provisions
of this Code.
In the event that the contractor or subcontractor fails to pay the
wages of his employees in accordance with this Code, the employer

shall be jointly and severally liable with his contractor or

subcontractor to such employees to the extent of the work performed
under the contract, in the same manner and extent that he is liable to
employees directly employed by him.
The Secretary of Labor and Employment may, by appropriate
regulations, restrict or prohibit the contracting-out of labor to protect
the rights of workers established under this Code. In so prohibiting or
restricting, he may make appropriate distinctions between labor-only
contracting and job contracting as well as differentiations within these
types of contracting and determine who among the parties involved
shall be considered the employer for purposes of this Code, to
prevent any violation or circumvention of any provision of this Code.
There is labor-only contracting where the person supplying workers
to an employer does not have substantial capital or investment in the
form of tools, equipment, machineries, work premises, among others,
and the workers recruited and placed by such person are performing
activities which are directly related to the principal business of such
employer. In such cases, the person or intermediary shall be
considered merely as an agent of the employer who shall be
responsible to the workers in the same manner and extent as if the
latter were directly employed by him.
Art 107. Indirect employer. The provisions of the immediately
preceding article shall likewise apply to any person, partnership,
association or corporation which, not being an employer, contracts
with an independent contractor for the performance of any work, task,
job or project.

Also study D.O. No. 18 Series of 2011

D. Kinds of Employees
Art 279. Security of tenure. In cases of regular employment, the
employer shall not terminate the services of an employee except for
a just cause or when authorized by this Title. An employee who is
unjustly dismissed from work shall be entitled to reinstatement

without loss of seniority rights and other privileges and to his full
backwages, inclusive of allowances, and to his other benefits or their
monetary equivalent computed from the time his compensation was
withheld from him up to the time of his actual reinstatement.
Art 280. Regular and casual employment. The provisions of written
agreement to the contrary notwithstanding and regardless of the oral
agreement of the parties, an employment shall be deemed to be
regular where the employee has been engaged to perform activities
which are usually necessary or desirable in the usual business or
trade of the employer, except where the employment has been fixed
for a specific project or undertaking the completion or termination of
which has been determined at the time of the engagement of the
employee or where the work or service to be performed is seasonal
in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by
the preceding paragraph: Provided,
That any employee who has rendered at least one year of service,
whether such service is continuous or broken, shall be considered a
regular employee with respect to the activity in which he is employed
and his employment shall continue while such activity exists.
Art 281. Probationary employment. Probationary employment shall
not exceed six (6) months from the date the employee started
working, unless it is covered by an apprenticeship agreement
stipulating a longer period. The services of an employee who has
been engaged on a probationary basis may be terminated for a just
cause or when he fails to qualify as a regular employee in
accordance with reasonable standards made known by the employer
to the employee at the time of his engagement. An employee who is
allowed to work after a probationary period shall be considered a
regular employee.

E. Special Workers
1 Apprentice, 2 Learners, 3 Handicapped, 4 Women, 5
Minors, 6 Househelpers, 7 Homeworkers, 8 Foreigners
1 Apprentice
Art 58. Definition of Terms. As used in this Title:
(a) Apprenticeship means practical training on the job
supplemented by related theoretical instruction.
(b) An apprentice is a worker who is covered by a written
apprenticeship agreement with an individual employer or any of the
entities recognized under this Chapter.
(c) An apprenticeable occupation means any trade, form of
employment or occupation which requires more than three (3)
months of practical training on the job supplemented by related
theoretical instruction.
(d) Apprenticeship agreement is an employment contract wherein
the employer binds himself to train the apprentice and the apprentice
in turn accepts the terms of training.
Art 59. Qualifications of apprentice. To qualify as an apprentice, a
person shall:
(a) Be at least fourteen (14) years of age;
(b) Possess vocational aptitude and capacity for appropriate tests;
and
(c) Possess the ability to comprehend and follow oral and written
instructions.
Trade and industry associations may recommend to the Secretary of
Labor appropriate educational requirements for different occupations.

Art 60. Employment of apprentices. Only employers in the highly

technical industries may employ apprentices and only in
apprenticeable occupations approved by the Secretary of Labor and
Employment.
Art 61. Contents of apprenticeship agreements. Apprenticeship
agreements, including the wage rates of apprentices, shall conform
to the rules issued by the Secretary of Labor and Employment. The
period of apprenticeship shall not exceed six months. Apprenticeship
agreements providing for wage rates below the legal minimum wage,
which in no case shall start below 75 percent of the applicable
minimum wage, may be entered into only in accordance with
apprenticeship programs duly approved by the Secretary of Labor
and Employment. The Department shall develop standard model
programs of apprenticeship.
Art 71. Deductibility of training costs. - An additional deduction
from taxable income of one-half (1/2) of the value of labor training
expenses incurred for developing the productivity and efficiency of
apprentices shall be granted to the person or enterprise organizing
an apprenticeship program: Provided, That such program is duly
recognized by the Department of Labor and Employment: Provided,
further, That such deduction shall not exceed ten (10%) percent of
direct labor wage: and Provided, finally, That the person or enterprise
who wishes to avail himself or itself of this incentive should pay his
apprentices the minimum wage.
Art 72. Apprentices without compensation. The Secretary of
Labor and Employment may authorize the hiring of apprentices
without compensation whose training on the job is required by the
school or training program curriculum or as requisite for graduation or
board examination.

on the job in a relatively short period of time which shall not exceed
three (3) months.
Art 74. When learners may be hired. Learners may be employed
when no experienced workers are available, the employment of
learners is necessary to prevent curtailment of employment
opportunities, and the employment does not create unfair competition
in terms of labor costs or impair or lower working standards.
Art 75. Learnership agreement. Any employer desiring to employ
learners shall enter into a learnership agreement with them, which
agreement shall include:
(a) The names and addresses of the learners;
(b) The duration of the learnership period, which shall not exceed
three (3) months;
(c) The wages or salary rates of the learners which shall begin at not
less than seventy-five percent (75%) of the applicable minimum
wage; and
(d) A commitment to employ the learners if they so desire, as regular
employees upon completion of the learnership. All learners who have
been allowed or suffered to work during the first two (2) months shall
be deemed regular employees if training is terminated by the
employer before the end of the stipulated period through no fault of
the learners.
The learnership agreement shall be subject to inspection by the
Secretary of Labor and Employment or his duly authorized
representative.

2 Learners

3 Handicapped

Art 73. Learners defined. Learners are persons hired as trainees in

semi-skilled and other industrial occupations which are nonapprenticeable and which may be learned through practical training

Art 78. Definition. Handicapped workers are those whose earning

capacity is impaired by age or physical or mental deficiency or injury.
Art 79. When employable. Handicapped workers may be employed
when their employment is necessary to prevent curtailment of

employment opportunities and when it does not create unfair

competition in labor costs or impair or lower working standards.
Art 80. Employment agreement. Any employer who employs
handicapped workers shall enter into an employment agreement with
them, which agreement shall include:
(a) The names and addresses of the handicapped workers to be
employed;
(b) The rate to be paid the handicapped workers which shall not be
less than seventy five (75%) percent of the applicable legal minimum
wage;
(c) The duration of employment period; and
(d) The work to be performed by handicapped workers.
The employment agreement shall be subject to inspection by the
Secretary of Labor and Employment or his duly authorized
representatives.

R.A. No 727. Magna Carta of Disabled Persons

TITLE I GENERAL PROVISIONS
CHAPTER I BASIC PRINCIPLE
Sec 2. Declaration of Policy The grant of the rights and
privileges for disabled persons shall be guided by the following
principles:
(a) Disabled persons are part of Philippine society, thus the State
shall give full support to the improvement of the total well-being of
disabled persons and their integration into the mainstream of society.
Toward this end, the State shall adopt policies ensuring the
rehabilitation, self-development and self-reliance of disabled persons.
It shall develop their skills and potentials to enable them to compete
favorably for available opportunities.

(b) Disabled persons have the same rights as other people to take
their proper place in society. They should be able to live freely and as
independently as possible. This must be the concern of everyone
the family, community and all government and nongovernment
organizations. Disabled persons' rights must never be perceived as
welfare services by the Government.
(c) The rehabilitation of the disabled persons shall be the concern of
the Government in order to foster their capacity to attain a more
meaningful, productive and satisfying life. To reach out to a greater
number of disabled persons, the rehabilitation services and benefits
shall be expanded beyond the traditional urban-based centers to
community based programs, that will ensure full participation of
different sectors as supported by national and local government
agencies.
(d) The State also recognizes the role of the private sector in
promoting the welfare of disabled persons and shall encourage
partnership in programs that address their needs and concerns.
(e) To facilitate integration of disabled persons into the mainstream of
society, the State shall advocate for and encourage respect for
disabled persons. The State shall exert all
efforts to remove all social, cultural, economic, environmental and
attitudinal barriers that are prejudicial to disabled persons.
Sec 3. Coverage. This Act shall cover all disabled persons and, to
the extent herein provided, departments, offices and agencies of the
National Government or nongovernment organizations involved in the
attainment of the objectives of this Act.
Sec 4. Definition of Terms. For purposes of this Act, these terms
are defined as follows:
(a) Disabled persons are those suffering from restriction or different
abilities, as a result of a mental, physical or sensory impairment, to
perform an activity in the manner or within the range considered
normal for a human being;

(b) Impairment is any loss, diminution or aberration of psychological,

physiological, or anatomical structure or function;
(c) Disability shall mean 1) a physical or mental impairment that
substantially limits one or more psychological, physiological or
anatomical function of an individual or activities of such individual; 2)
a record of such an impairment; or 3) being regarded as having such
an impairment;
(d)Handicap refers to a disadvantage for a given individual, resulting
from an impairment or a disability, that limits or prevents the function
or activity, that is considered normal given the age and sex of the
individual;
(e)Rehabilitation is an integrated approach to physical, social,
cultural, spiritual, educational and vocational measures that create
conditions for the individual to attain the highest possible level of
functional ability;
(f) Social Barriers refer to the characteristics of institutions, whether
legal, economic, cultural, recreational or other, any human group,
community, or society which limit the fullest possible participation of
disabled persons in the life of the group. Social barriers include
negative attitudes which tend to single out and exclude disabled
persons and which distort roles and inter-personal relationships;
(g) Auxiliary Aids and Services include:
(1) qualified interpreters or other effective methods of delivering
materials to individuals with hearing impairments;
(2) qualified readers, taped tests, or other effective methods of
delivering materials to individuals with visual impairments;
(3) acquisition or modification of equipment or devices; and
(4) other similar services and actions or all types of aids and services
that facilitate the learning process of people with mental disability.
(h) Reasonable Accommodation include 1) improvement of existing

facilities used by employees in order to render these readily

accessible to and usable by disabled persons; and 2) modification of
work schedules, reassignment to a vacant position, acquisition or
modification of equipment or devices, appropriate adjustments or
modifications of examinations, training materials or company policies,
rules and regulations, the provision of auxiliary aids and services,
and other similar accommodations for disabled persons;
(i)Sheltered Employment refers to the provision of productive work for
disabled persons through workshops providing special facilities,
income-producing projects or homework schemes with a view to
giving them the opportunity to earn a living thus enabling them to
acquire a working capacity required in open industry;
(j) Auxiliary Social Services are the supportive activities in the
delivery of social services to the marginalized sectors of society;
(k) Marginalized Disabled Persons refer to disabled persons who lack
access to rehabilitative services and opportunities to be able to
participate fully in socioeconomic activities and who have no means
of livelihood and whose incomes fall below the poverty threshold;
(l) Qualified Individual with a Disability shall mean an individual with a
disability who, with or without reasonable accommodations, can
perform the essential functions of the employment position that such
individual holds or desires. However, consideration shall be given to
the employer's judgment as to what functions of a job are essential,
and if an employer has prepared a written description before
advertising or interviewing applicants for the job, this description shall
be considered evidence of the essential functions of the job;
(m) Readily Achievable means a goal can be easily attained and
carried out without much difficulty or expense. In determining whether
an action is readily achievable, factors to be considered include
(1) the nature and cost of the action;
(2) the overall financial resources of the facility or facilities involved in
the action; the number of persons employed at such facility; the effect
on expenses and resources, or the impact otherwise of such action

upon the operation of the facility;

reserved for disabled persons.

(3) the overall financial resources of the covered entity with respect to
the number of its employees; the number, type and location of its
facilities; and

Sec 6. Sheltered Employment If suitable employment for

disabled persons cannot be found through open employment as
provided in the immediately preceding Section, the State shall
endeavor to provide it by means of sheltered employment. In the
placement of disabled persons in sheltered employment, it shall
accord due regard to the individual qualities, vocational goals and
inclinations to ensure a good working atmosphere and efficient
production.

(4) the type of operation or operations of the covered entity, including

the composition, structure and functions of the work force of such
entity; the geographic separateness,
administrative or fiscal relationship of the facility or facilities in
question to the covered entity.
(n) Public Transportation means transportation by air, land and sea
that provides the public with general or special service on a regular
and continuing basis;
(o) Covered Entity means an employer, employment agency, labor
organization or joint- labor management committee; and
(p) Commerce shall be taken to mean as travel, trade, traffic,
commerce, transportation, or communication among the provinces or
between any foreign country or any territory or possession and any
province.
TITLE IIRIGHTS AND PRIVILEGES OF DISABLED PERSONS
CHAPTER I EMPLOYMENT
Sec 5. Equal Opportunity for Employment. No disable person
shall be denied access to opportunities for suitable employment. A
qualified disabled employee 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 able
bodied person.
Five percent (5%) of all casual emergency and contractual positions
in the Departments of Social Welfare and Development; Health;
Education, Culture and Sports; and other government agencies,
offices or corporations engaged in social development shall be

Sec 7. Apprenticeship. Subject to the provisions of the Labor

Code as amended, disabled persons shall be eligible as apprentices
or learners: Provided, That their handicap is not as much as to
effectively impede the performance of job operations in the particular
occupation for which they are hired; Provided, further, That after the
lapse of the period of apprenticeship, if found satisfactory in the job
performance, they shall be eligible for employment.
Sec 8. Incentives for Employers. (a) To encourage the active
participation of the private sector in promoting the welfare of disabled
persons and to ensure gainful employment for qualified disabled
persons, adequate incentives shall be provided to private entities
which employ disabled persons.
(b) Private entities that employ disabled persons who meet the
required skills or qualifications, either as regular employee,
apprentice or learner, shall be entitled to an additional deduction,
from their gross income, equivalent to twenty-five percent (25%) of
the total amount paid as salaries and wages to disabled persons:
Provided, however, That such entities present proof as certified by
the Department of Labor and Employment that disabled persons are
under their employ: Provided, further, That the disabled employee is
accredited with the Department of Labor and Employment and the
Department of Health as to his disability, skills and qualifications.
(c) Private entities that improve or modify their physical facilities in
order to provide reasonable accommodation for disabled persons
shall also be entitled to an additional deduction from their net taxable

income, equivalent to fifty percent (50%) of the direct costs of the

improvements or modifications. This Section, however, does not
apply to improvements or modifications of facilities required under
Batas Pambansa Bilang 344.

this Chapter.
CHAPTER II EDUCATION

Sec 9. Vocational Rehabilitation. Consistent with the principle of

equal opportunity for disabled workers and workers in general, the
State shall take appropriate vocational rehabilitation measures that
shall serve to develop the skills and potentials of disabled persons
and enable them to compete favorably for available productive and
remunerative employment opportunities in the labor market.

Sec 12. Access to Quality Education. The State shall ensure

that disabled persons are provided with access to quality education
and ample opportunities to develop their skills. It shall take
appropriate steps to make such education accessible to all disabled
persons. It shall be unlawful for any learning institution to deny a
disabled person admission to any course it offers by reason of
handicap or disability.

The State shall also take measures to ensure the provision of

vocational rehabilitation and livelihood services for disabled persons
in the rural areas. In addition, it shall promote cooperation and
coordination between the government and nongovernmental
organizations and other private entities engaged in vocational
rehabilitation activities.

The State shall take into consideration the special requirements of

disabled persons in the formulation of educational policies and
programs. It shall encourage learning institutions to take into account
the special needs of disabled persons with respect to the use of
school facilities, class schedules, physical education requirements,
and other pertinent consideration.

The Department of Social Welfare and Development shall design and

implement training programs that will provide disabled persons with
vocational skills to enable them to engage in livelihood activities or
obtain gainful employment. The Department of Labor and
Employment shall likewise design and conduct training programs
geared towards providing disabled persons with skills for livelihood.

The State shall also promote the provision by learning institutions,

especially higher learning institutions of auxiliary services that will
facilitate the learning process for disabled persons.

Sec 10. Vocational Guidance and Counseling. The Department

of Social and Welfare and Development, shall implement measures
providing and evaluating vocational guidance and counseling to
enable disabled persons to secure, retain and advance in
employment. It shall ensure the availability and training of counselors
and other suitably qualified staff responsible for the vocational
guidance and counseling of disabled persons.
Sec 11. Implementing Rules and Regulations. The Department
of Labor and Employment shall in coordination with the Department
of Social Welfare and Development (DSWD) and National Council for
the Welfare of the Disabled Persons (NCWDP) shall promulgate the
rules and regulations necessary to implement the provisions under

Sec 13. Assistance to Disabled Students. The State shall

provide financial assistance to economically marginalized but
deserving disabled students pursuing post secondary or tertiary
education. Such assistance may be in the form of scholarship grants,
student loan programs, subsidies, and other incentives to qualified
disabled students in both public and private schools. At least five
percent (5%) of the allocation for the Private Education Student
Financial Assistance Program created by virtue of R.A. 6725 shall be
set aside for disabled students pursuing vocational or technical and
degree courses.
Sec 14. Special Education. The State shall establish, maintain
and support complete, adequate and integrated system of special
education for the visually impaired, hearing impaired, mentally
retarded persons and other types of exceptional children in all
regions of the country. Toward this end, the Department of Education,
Culture and Sports shall establish, special education classes in public

schools in cities, or municipalities. It shall also establish, where

viable, Braille and Record Libraries in provinces, cities or
municipalities.
The National Government shall allocate funds necessary for the
effective implementation of the special education program
nationwide. Local government units may likewise appropriate
counterpart funds to supplement national funds.
Sec 15. Vocational or Technical and Other Training Programs.
The State shall provide disabled persons with training in civics,
vocational efficiency, sports and physical fitness, and other skills. The
Department of Education, Culture and Sports shall establish in at
least one government-owned vocational and technical school in
every province a special vocational and technical training program for
disabled persons. It shall develop and implement sports and physical
fitness programs specifically designed for disabled persons taking
into consideration the nature of their handicap.
Sec 16. Non-Formal Education. The State shall develop nonformal education programs intended for the total human development
of disabled persons. It shall provide adequate resources for nonformal education programs and projects that cater to the special
needs of disabled persons.
Sec. 17. State Universities and Colleges. If viable and needed,
the State University or State College in each region or province shall
be responsible for (a) the development of material appliances and
technical aids for disabled persons; (b) the development of training
materials for vocational rehabilitation and special education
instructions; (c) the research on special problems, particularly of the
visually-impaired, hearing- impaired, speech-impaired, and
orthopedically-impaired students, mentally retarded, and multihandicapped and others, and the elimination of social barriers and
discrimination against disabled persons; and (d) inclusion of the
Special Education for Disabled (SPED) course in the curriculum.
The National Government shall provide these state universities and
colleges with necessary special facilities for visually-impaired,

hearing-impaired, speech-impaired, and orthopedically-impaired

students. It shall likewise allocate the necessary funds in support of
the above.
CHAPTER III HEALTH
Sec 18. National Health Program. The Department of Health in
coordination with the National Council for the Welfare of Disabled
Persons, shall institute a national health program which shall aim to
attain the following:(a) prevention of disability, whether occurring
prenatally or postnatally;
(b) recognition and early diagnosis of disability; and
(c) early rehabilitation of the disabled.
Sec 19. Rehabilitation Centers. The Department of Health shall
establish medical rehabilitation centers in government provincial
hospitals, and shall include in its annual appropriation the necessary
funds for the operation of such centers.The Department of Health
shall formulate and implement a program to enable marginalized
disabled persons to avail of free rehabilitation services in government
hospitals.
Sec 20. Health Services. The State shall protect and promote the
right to health of disabled persons and shall adopt an integrated and
comprehensive approach to their health development which shall
make essential health services available to them at affordable cost.
The National Government shall provide an integrated health service
for disabled persons which shall include, but not limited to, the
following:
(a) prevention of disability through immunization, nutrition,
environmental protection and preservation, and genetic counseling;
and early detection of disability and timely intervention to arrest
disabling condition; and
(b) medical treatment and rehabilitation.

The Department of Health shall field medical personnel specializing

in the treatment and rehabilitation of disabled persons to provincial
hospitals and, when viable, to municipal health centers. It shall also
train its field health personnel in the provision of medical attention to
disabled persons. It shall further ensure that its field health units have
the necessary capabilities to fit prosthetic and orthotic appliances on
disabled persons.
CHAPTER IV AUXILIARY SOCIAL SERVICES
Sec 21. Auxiliary Social Services. The State shall ensure that
marginalized persons are provided with the necessary auxiliary
services that will restore their social functioning and participation in
community affairs. Towards this end, the Department of Social
Welfare and Development shall develop and implement programs on
auxiliary social services that respond to the needs of marginalized
disabled persons. The components of such a program shall be as
follows:
(a) assistance in the acquisition of prosthetic devices and medical
intervention of specialty services;
(b) provision of specialized training activities designed to improve
functional limitations of disabled persons related to communication
skills;
(c) development among disabled persons of a positive self-image
through the provision of counseling, orientation and mobility and
strengthening daily living capability;
(d) provision of family care services geared towards developing the
capability of families to respond to the needs of the disabled
members of the family;
(e) provision of substitute family care services and the facilities
therefor for abandoned, neglected, abused and unattached disabled
persons who need custodial care;
(f) provision of after care and follow-up services for the continued
rehabilitation in a community-based setting of disabled persons who

were released from residential care or rehabilitation centers; and

(g) provision of day care services for disabled children of pre-school
age.
CHAPTER V TELECOMMUNICATIONS
Sec 22. Broadcast Media. Television stations shall be
encouraged to provide a sign language inset or subtitles in at least
one (1) newscast program a day and special programs covering
events of national significance.
Sec 23. Telephone Services. All telephone companies shall be
encouraged to install special telephone devices or units for the
hearing-impaired and ensure that they are commercially available to
enable them to communicate through the telephone system.
Sec 24. Free Postal Charges for the Disabled. Postal charges
shall be free on the following:
(a) articles and literatures like books and periodicals, orthopedic and
other devices, and teaching aids for the use of the disabled sent by
mail within the Philippines and abroad; and
(b) aids and orthopedic devices for the disabled sent by abroad by
mail for repair:
Provided, That the aforesaid items are for personal purposes only:
Provided, further, That the disabled person is a marginalized disabled
as certified by the Social Welfare and Development Office of the local
government unit concerned or the Department of Social Welfare and
Development.
CHAPTER VI ACCESSIBILITY
Sec 25.Barrier-Free Environment. The State shall ensure the
attainment of a barrier-free environment that will enable disabled
persons to have access in public and private buildings and
establishments and such other places mentioned in Batas Pambansa
Bilang 344, otherwise known as the "Accessibility Law".

The national and local governments shall allocate funds for the
provision of architectural facilities or structural features for disabled
persons in government buildings and facilities.
Sec 26. Mobility. The State shall promote the mobility of disabled
persons. Disabled persons shall be allowed to drive motor vehicles,
subject to the rules and regulations issued by the Land
Transportation Office pertinent to the nature of their disability and the
appropriate adaptations or modifications made on such vehicles.
Sec 27. Access to Public Transport Facilities. The Department
of Social Welfare and Development shall develop a program to assist
marginalized disabled persons gain access in the use of public
transport facilities. Such assistance may be in the form of subsidized
transportation fare.
The said department shall also allocate such funds as may be
necessary for the effective implementation of the public transport
program for the disabled persons.
The "Accessibility Law", as amended, shall be made suppletory to
this Act.
Sec 28. Implementing Rules and Regulations. The Department
of Transportation and Communications shall formulate the rules and
regulations necessary to implement the provisions of this Chapter.
CHAPTER VII POLITICAL AND CIVIL RIGHTS
Sec 29. System of Voting. Disabled persons shall be allowed to
be assisted by a person of his choice in voting in the national or local
elections. The person thus chosen shall prepare the ballot for the
disabled voter inside the voting booth. The person assisting shall
bind himself in a formal document under oath to fill out the ballot
strictly in accordance with the instructions of the voter and not to
reveal the contents of the ballot prepared by him. Violation of this
provision shall constitute an election offense. Polling places should
be made accessible to disabled persons during national or local
elections.

Sec 30. Right to Assemble. Consistent with the provisions of the

Constitution, the State shall recognize the right of disabled persons to
participate in processions, rallies, parades, demonstrations, public
meetings, and assemblages or other forms of mass or concerned
action held in public.
Sec 31. Right to Organize. The State recognizes the right of
disabled persons to form organizations or associations that promote
their welfare and advance or safeguard their interests. The National
Government, through its agencies, instrumentalities and subdivisions,
shall assist disabled persons in establishing self-help organizations
by providing them with necessary technical and financial assistance.
Concerned government agencies and offices shall establish close
linkages with organizations of the disabled persons in order to
respond expeditiously to the needs of disabled persons. National line
agencies and local government units shall assist disabled persons in
setting up specific projects that will be managed like business
propositions.
To ensure the active participation of disabled persons in the social
and economic development of the country, their organizations shall
be encouraged to participate in the planning, organization and
management of government programs and projects for disabled
persons.
Organizations of disabled persons shall participate in the
identification and preparation of programs that shall serve to develop
employment opportunities for the disabled persons.
TITLE IIIPROHIBITION ON DISCRIMINATION AGAINST DISABLED
PERSONS
CHAPTER I DISCRIMINATION ON EMPLOYMENT
Sec 32. Discrimination on Employment. No entity, whether
public or private, shall discriminate against a qualified disabled
person by reason of disability in regard to job application procedures,
the hiring, promotion, or discharge of employees, employee
compensation, job training, and other terms, conditions, and

privileges of employment. The following constitute acts of

discrimination:
(a) Limiting, segregating or classifying a disabled job applicant in
such a manner that adversely affects his work opportunities;
(b) Using qualification standards, employment tests or other selection
criteria that screen out or tend to screen out a disabled person unless
such standards, tests or other selection criteria are shown to be jobrelated for the position in question and are consistent with business
necessity;
(c) Utilizing standards, criteria, or methods of administration that: (1)
have the effect of discrimination on the basis of disability; or
(2) perpetuate the discrimination of others who are subject to
common administrative control.
(d) Providing less compensation, such as salary, wage or other forms
of remuneration and fringe benefits, to a qualified disabled employee,
by reason of his disability, than the amount to which a non-disabled
person performing the same work is entitled;
(e) Favoring a non-disabled employee over a qualified disabled
employee with respect to promotion, training opportunities, study and
scholarship grants, solely on account of the latter's disability;
(f) Re-assigning or transferring a disabled employee to a job or
position he cannot perform by reason of his disability;

employee that such tests purports to measure, rather than the

impaired sensory, manual or speaking skills of such applicant or
employee, if any; and
(i)Excluding disabled persons from membership in labor unions or
similar organizations.
Sec 33. Employment Entrance Examination. Upon an offer of
employment, a disabled applicant may be subjected to medical
examination, on the following occasions: (a) all entering employees
are subjected to such an examination regardless of disability;
(b) information obtained during the medical condition or history of the
applicant is collected and maintained on separate forms and in
separate medical files and is treated as a confidential medical record;
Provided, however, That:(1) supervisors and managers may be
informed regarding necessary restrictions on the work or duties of the
employees and necessary accommodations;
(2) first aid and safety personnel may be informed, when appropriate,
if the disability may require emergency treatment;
(3) government officials investigating compliance with this Act shall
be provided relevant information on request; and
(4) the results of such examination are used only in accordance with
this Act.
CHAPTER II DISCRIMINATION ON TRANSPORTATION

(g) Dismissing or terminating the services of a disabled employee by

reason of his disability unless the employer can prove that he impairs
the satisfactory performance of the work involved to the prejudice of
the business entity: Provided, however, That the employer first
sought to provide reasonable accommodations for disabled persons;

Sec 34.Public Transportation. It shall be considered

discrimination for the franchisees or operators and personnel of sea,
land, and air transportation facilities to charge higher fare or to refuse
to convey a passenger, his orthopedic devices, personal effects, and
merchandise by reason of his disability.

(h) Failing to select or administer in the most effective manner

employment tests which accurately reflect the skills, aptitude or other
factor of the disabled applicant or

CHAPTER IIIDISCRIMINATION ON THE USE OF PUBLIC

ACCOMMODATIONS AND SERVICES
Sec 35. Public Accommodations and Services. For purposes of

this Chapter, public accommodations and services shall include the

following:(a) an inn, hotel, motel, or other place of lodging, except for
an establishment located within a building that contains not more
than five (5) rooms for rent or hire and that is actually occupied by the
proprietor of such establishment as the residence of such proprietor;
(b) a restaurant, bar, or other establishment serving food or drink;
(c) a motion picture, theater, concert hall, stadium, or other place of
exhibition or entertainment;
(d) an auditorium, convention center, lecture hall, or other place of
public gathering;
(e) a bakery, grocery store, hardware store, shopping center, or other
sales or rental establishment;
(f) a bank, barber shop, beauty shop, travel service, funeral parlor,
gas station, office of a lawyer, pharmacy, insurance office,
professional office of a health care provider, hospital or other service
establishment;
(g) a terminal, depot, or other station used for specified public
transportation;
(h) a museum, gallery, library or other place of public display or
collection;
(i) a park, zoo, amusement park, or other place of recreation;
(j) a nursery, elementary, secondary, undergraduate, or post-graduate
private school, or other place of education;
(k) a gymnasium, health spa, bowling alley, golf course; or
(l) other place of exercise or recreation.
Sec 36. Discrimination on the Use of Public Accommodations.
(a) No disabled person shall be discriminated on the basis of
disability in the full and equal enjoyment of the goods, services,

facilities, privileges, advantages or accommodations of any place of

public accommodation by any person who owns, leases, or operates
a place of public accommodation. The following constitute acts of
discrimination:
(1) denying a disabled person, directly or through contractual,
licensing, or other arrangement, the opportunity to participate in or
benefit from the goods, services, facilities, privileges, advantages, or
accommodations of an entity by reason of his disability;
(2) affording a disabled person, on the basis of his disability, directly
or through contractual, licensing, or other arrangement, with the
opportunity to participate in or benefit from a good service, facility,
privilege, advantage, or accommodation that is not equal to that
afforded to other able-bodied persons; and
(3) providing a disabled person, on the basis of his disability, directly
or through contractual, licensing, or other arrangement, with a good,
service, facility, advantage, privilege, or accommodation that is
different or separate form that provided to other able-bodied persons
unless such action is necessary to provide the disabled person with a
good, service, facility, advantage, privilege, or accommodation, or
other opportunity that is as effective as that provided to others;
For purposes of this Section, the term "individuals or class of
individuals" refers to the clients or customers of the covered public
accommodation that enters into the contractual, licensing or other
arrangement.
(b)Integrated Settings Goods, services, facilities, privileges,
advantages, and accommodations shall be afforded to individual with
a disability in the most integrated setting appropriate to the needs of
the individual.
(c) Opportunity to Participate Notwithstanding the existence of
separate or different programs or activities provided in accordance
with this Section, an individual with a disability shall not be denied the
opportunity to participate in such programs or activities that are not
separate or different.

(d) Association It shall be discriminatory to exclude or otherwise

deny equal goods, services, facilities, advantages, privileges,
accommodations or other opportunities to an individual or entity
because of the known disability of an individual with whom the
individual or entity is known to have a relationship or association.
(e) Prohibitions For purposes of this Section, the following shall be
considered as discriminatory:
(1) the imposition or application of eligibility criteria that screen out or
tend to screen out an individual with a disability or any class or
individuals with disabilities from fully and equally enjoying any goods,
services, facilities, privileges, advantages, or accommodations,
unless such criteria can be shown to be necessary for the provision
of the goods, services, facilities, privileges, or accommodations being
offered;
(2) a failure to make reasonable modifications in policies, practices,
or procedures, when such modifications are necessary to afford such
goods, services, facilities, privileges, advantages, or
accommodations to individuals with disabilities, unless the entity can
demonstrate that making such modifications would fundamentally
alter the nature of the goods, facilities, services, privileges,
advantages, or accommodations;
(3) failure to take such steps as may be necessary to ensure that no
individual with a disability is excluded, denied services, segregated or
otherwise treated differently than other individuals because of the
absence of auxiliary aids and services, unless the entity can
demonstrate that taking such steps would fundamentally alter the
nature of the good, service, facility, privilege, advantage or
accommodation being offered or would result in undue burden;

accommodations available through alternative methods if such

methods are readily achievable.
Sec 37.Use of Government Recreational or Sports Centers Free
of Charge. Recreational or sports centers owned or operated by
the Government shall be used, free of charge, by marginalized
disabled persons during their social, sports or recreational activities.
Sec 38. Implementing Rules and Regulations. The Department
of Public Works and Highways shall formulate the rules and
regulations necessary to implement the provisions of this Chapter.
TITLE IV FINAL PROVISIONS
Sec 39. Housing Program. The National Government shall take
into consideration in its national shelter program the special housing
requirements of disabled persons.
Sec 40. Role of National Agencies and Local Government Units.
Local government units shall promote the establishment of
organizations of disabled persons in their respective territorial
jurisdictions. National agencies and local government units may enter
into joint ventures with organizations or associations of disabled
persons to explore livelihood opportunities and other undertakings
that shall enhance the health, physical fitness and the economic and
social well-being of disabled persons.

(4) a failure to remove architectural barriers, and communication

barriers that are structural in nature, in existing facilities, where such
removal is readily achievable; and

Sec 41. Support From Nongovernment Organizations.

Nongovernment organizations or private volunteer organizations
dedicated to the purpose of promoting and enhancing the welfare of
disabled persons shall, as they, are hereby encouraged, become
partners of the Government in the implementation of vocational
rehabilitation measures and other related programs and projects.
Accordingly, their participation in the implementation of said
measures, programs and projects is to be extended all possible
support by the Government.

(5) where an entity can demonstrate that the removal of a barrier

under clause (4) is not readily achievable, a failure to make such
goods, services, facilities, privileges, advantages, or

The Government shall sponsor a volunteer service program which

shall harness the involvement of private individuals in the provision of
assistance to disabled persons.

Sec 42. Tax Incentives.

(a) Any donation, bequest, subsidy or financial aid which may be
made to government agencies engaged in the rehabilitation of
disabled persons and organizations of disabled persons shall be
exempt from the donor's tax subject to the provisions of Section 94 of
the National Internal Revenue Code (NIRC), as amended and shall
be allowed as deductions from the donor's gross income for purposes
of computing the taxable income subject to the provisions of Section
29 (h) of the Code.
(b)Donations from foreign countries shall be exempt from taxes and
duties on importation subject to the provisions of Section 105 of the
Tariff and Customs Code of the Philippines, as amended, Section
103 of the NIRC, as amended and other relevant laws and
international agreements.
(c) Local manufacturing or technical aids and appliances used by
disabled persons shall be considered as a preferred area of
investment subject to the provisions of Executive
Order No. 226 otherwise known as the "Omnibus Investments Code
of 1987" and, as such, shall enjoy the rights, privileges and incentives
as provided in said Code such as, but not limited, to the following:
(1) repatriation of investments;
(2) remittance of earnings;
(3) remittance of payments on foreign contracts;
(4) freedom from expropriations;
(5) freedom from requisition of investment;
(6) income tax holiday;
(7) additional deduction for labor expense;
(8) tax and duty exemption on imported capital equipment;
(9) tax credit on domestic capital equipment;
(10) exemption from contractor's tax;
(11) simplification of customs procedures;
(12) unrestricted use of consigned equipment;
(13) employment of foreign nationals;
(14) tax credit for taxes and duties on raw materials;

(15) access to bonded manufacturing/traded warehouse system;

(16) exemption from taxes and duties on imported spare parts; and
(17) exemption from wharfage dues and any export tax, duty, impost
and fee.

4 Women
Art 132. Facilities for women. The Secretary of Labor and
Employment shall establish standards that will ensure the safety and
health of women employees. In appropriate cases, he shall, by
regulations, require any employer to:
(a) Provide seats proper for women and permit them to use such
seats when they are free from work and during working hours,
provided they can perform their duties in this position without
detriment to efficiency;
(b) To establish separate toilet rooms and lavatories for men and
women and provide at least a dressing room for women;
(c) To establish a nursery in a workplace for the benefit of the women
employees therein; and
(d) To determine appropriate minimum age and other standards for
retirement or termination in special occupations such as those of
flight attendants and the like.
Art 134. Family planning services; incentives for family
planning.
(a) Establishments which are required by law to maintain a clinic or
infirmary shall provide free family planning services to their
employees which shall include, but not be limited to, the application
or use of contraceptive pills and intrauterine devices.
(b) In coordination with other agencies of the government engaged in
the promotion of family planning, the Department of Labor and
Employment shall develop and prescribe incentive bonus schemes to

encourage family planning among female workers in any

establishment or enterprise.

of preventing her from enjoying any of the benefits provided under

this Code.

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.

(2) To discharge such woman on account of her pregnancy, or while

on leave or in confinement due to her pregnancy;

The following are acts of discrimination:

(a) 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
(b) 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.
Art 136. Stipulation against marriage. It shall be unlawful for an
employer to require as a condition of employment or continuation of
employment that a woman employee shall not get married, or to
stipulate expressly or tacitly that upon getting married, a woman
employee shall be deemed resigned or separated, or to actually
dismiss, discharge, discriminate or otherwise prejudice a woman
employee merely by reason of her marriage.

(3) To discharge or refuse the admission of such woman upon

returning to her work for fear that she may again be pregnant.
Art 138. Classification of certain women workers. Any woman
who is permitted or suffered to work, with or without compensation, in
any night club, cocktail lounge, massage clinic, bar or similar
establishments under the effective control or supervision of the
employer for a substantial period of time as determined by the
Secretary of Labor and Employment, shall be considered as an
employee of such establishment for purposes of labor and social
legislation.

R.A. No 1161, Sec 14-A: Maternity Leave

Maternity Leave Benefit. A covered female employee who has paid
at least three monthly maternity contributions in the twelve-month
period preceding the semester of her childbirth, abortion, or
miscarriage and who is currently employed shall be paid a daily
maternity benefit equivalent to one hundred per cent of her present
basic salary, allowances and other benefits or the cash equivalents of
such benefits for sixty days subject to the following conditions:
(a) That the employee shall have notified her employer of her
pregnancy and the probable date of her childbirth which notice shall
be transmitted to the SSS in accordance with the rules and
regulations it may provide;

Art 137. Prohibited acts. It shall be unlawful for any employer:

(b) That the payment shall be advanced by the employer in two equal
installments within thirty days from the filing of the maternity leave
application;

(1) To deny any woman employee the benefits provided for in this
Chapter or to discharge any woman employed by him for the purpose

(c) That in case of caesarian delivery, the employees shall be paid

the daily maternity benefit for seventy-eight days;

(d) That payment of daily maternity benefits shall be a bar to the

recovery of sickness benefits provided by this Act for the same
compensable period of sixty days for the same childbirth, abortion, or
miscarriage;

earn the compensation therefor, on the condition that his spouse has
delivered a child or suffered a miscarriage for purposes of enabling
him to effectively lend support to his wife in her period of recovery
and/or in the nursing of the newly-born child.

(e) That the maternity benefits provided under this section shall be
paid only for the first four deliveries after March 13, 1973;
(f) That the SSS shall immediately reimburse the employer of one
hundred per cent of the amount of maternity benefits advanced to the
employee by the employer upon receipt of satisfactory proof of such
payment and legality thereof; and
(g) That if an employee should give birth or suffer abortion or
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 time of the pregnancy, the
employer shall pay to the SSS damages equivalent to the benefits
which said employee would otherwise have been entitled to, and the
SSS shall in turn pay such amount to the employee concerned.

R.A. No 8187. Paternity Leave Act (Repealing Clause)

SECTION 2. Notwithstanding any law, rules and regulations to the
contrary, every married male employee in the private and public
sectors shall be entitled to a paternity leave of seven (7) days with full
pay for the first four (4) deliveries of the legitimate spouse with whom
he is cohabiting. The male employee applying for paternity leave
shall notify his employer of the pregnancy of his legitimate spouse
and the expected date of such delivery.
For purposes, of this Act, delivery shall include childbirth or any
miscarriage.
SECTION 3. Definition of Term. For purposes of this Act, Paternity
Leave refers to the benefits granted to a married male employee
allowing him not to report for work for seven (7) days but continues to

R.A. No 10151: Employment of Night Workers

repeals Art 130 and 131
Art 154. Coverage. This chapter' shall apply to all persons, who shall
be employed or permitted or suffered to work at night, except those
employed in agriculture, stock raising, fishing, maritime transport and
inland navigation, during a period of not less than seven (7)
consecutive hours, including the interval from midnight to five o'clock
in the morning, to be determined by the Secretary of Labor and
Employment, after consulting the workers' representatives/labor
organizations and employers.
'Night worker' means any employed person whose work requires
performance of a substantial number of hours of night work which
exceeds a specified limit. This limit shall be fixed by the Secretary of
Labor after consulting the workers' representatives/labor
organizations and employers."
Art 155. Health Assessment. At their request, workers shall have
the right to undergo a health assessment without charge and to
receive advice on how to reduce or avoid health problems associated
with their work:
(a) Before taking up an assignment as a night worker;
(b) At regular intervals during such an assignment; and
(c) If they experience health problems during such, an assignment
which are not caused by factors other than the performance of night
work.

With the exception of a finding of unfitness for night work, the findings
of such assessments shall not be transmitted to others without the
workers' consent and shall not be used to their detriment.
Art 156. Mandatory Facilities. Suitable first-aid facilities shall be
made available for workers performing night work, including
arrangements where such workers, where necessary, can be taken
immediately to a place for appropriate treatment. The employers are
likewise required to provide safe and healthful working conditions and
adequate or reasonable facilities such as sleeping or resting quarters
in the establishment and transportation from the work premises to the
nearest point of their residence subject to exceptions and guidelines
to be provided by the DOLE.
Art 157. Transfer. Night workers who are certified as unfit for night
work, due to health reasons, shall be transferred, whenever
practicable, to a similar job for which they are fit to work.

(2) During a specified time beyond the period, after childbirth is

fixed pursuant to subparagraph (a) above, the length of which
shall be determined by the DOLE after consulting the labor
organizations and employers.
During the periods referred to in this article:
(i) A woman worker shall not be dismissed or given notice of
dismissal, except for just or authorized causes provided for in
this Code that are not connected with pregnancy, childbirth and
childcare responsibilities.
(ii) A woman worker shall not lose the benefits regarding her
status, seniority, and access to promotion which may attach to
her regular night work position.

If such transfer to a similar job is not practicable, these workers shall

be granted the same benefits as other workers who are unable to
work, or to secure employment during such period.

Pregnant women and nursing mothers may be allowed to work

.at night only if a competent physician, other than the company
physician, shall certify their fitness to render night work, and
specify, in the case of pregnant employees, the period of the
pregnancy that they can safely work.

A night worker certified as temporarily unfit for night work shall be

given the same protection against dismissal or notice of dismissal as
other workers who are prevented from working for reasons of health.

The measures referred to in this article may include transfer to

day work where this is possible, the provision of social security
benefits or an extension of maternity leave.

Art 158. Women Night Workers. Measures shall be taken to ensure

that an alternative to night work is available to women workers who
would otherwise be called upon to perform such work:

The provisions of this article shall not leave the effect of reducing
the protection and benefits connected with maternity leave under
existing laws.

(a) Before and after childbirth, for a period of at least sixteen (16)
weeks, which shall be divided between the time before and after
childbirth;

Art 159. Compensation. The compensation for night workers in the

form of working time, pay or similar benefits shall recognize the
exceptional nature of night work."

(b) For additional periods, in respect of winch a medical certificate IS

produced stating that said additional periods are necessary for the
health of the mother or child:

Art 160. Social Services. Appropriate social services shall be

provided for night workers and, where necessary, for workers
performing night work."

(1) During pregnancy;

Art 161. Night Work Schedules. Before introducing work schedules

requiring the services of night workers, the employer shall consult the

workers' representatives/labor organizations concerned on the details

of such schedules and the forms of organization of night work that
are best adapted to the establishment and its personnel, as well as
on the occupational health measures and social services which are
required. In establishments employing night workers, consultation
shall take place regularly.

R.A. 9710, Sec 13-C: Pregnant Teachers/Students

Equal Access and Elimination of Discrimination in Education,
Scholarships, and Training. Expulsion and non-readmission of
women faculty due to pregnancy outside of marriage shall be
outlawed. No school shall turn out or refuse admission to a female
student solely on the account of her having contracted pregnancy
outside of marriage during her term in school.

R.A. No 10028
Sec 3-P. Lactation stations - private, clean, sanitary, and wellventilated rooms or areas in the workplace or public places where
nursing mothers can wash up, breastfeed or express their milk
comfortably and store this afterward.
Sec 4. Applicability. The provisions in this Chapter shall apply to all
private enterprises as well as government agencies, including their
subdivisions and instrumentalities, and government-owned and
-controlled corporations.
Upon application to, and determination by, the Secretary of the
Department of Labor and Employment for the private sector, and the
Chairperson of the Civil Service Commission for the public sector, all
health and non-health facilities, establishments and institutions may
be exempted for a renewable period of two (2) years from Section 6
of this Act where the establishment of lactation stations is not feasible
or necessary due to the peculiar circumstances of the workplace or

public place taking into consideration, among others, number of

women employees, physical size of the establishment, and the
average number of women who visit.
All health and non-health facilities, establishments or institutions
which are exempted in complying with the provisions of this Act but
nevertheless opted to comply are entitled to the benefits herein
stated: Provided, That they give their employees the privilege of
using the same.
(Section 6, A new Section 11, under a new Chapter, is added to
read as follows)
Sec 11. Establishment of Lactation Stations. It is hereby
mandated that all health and non-health facilities, establishments or
institutions shall establish lactation stations. The lactation stations
shall be adequately provided with the necessary equipment and
facilities, such as: lavatory for hand-washing, unless there is an
easily-accessible lavatory nearby; refrigeration or appropriate cooling
facilities for storing expressed breastmilk; electrical outlets for breast
pumps; a small table; comfortable seats; and other items, the
standards of which shall be defined by the Department of Health. The
lactation station shall not be located in the toilet.
In addition, all health and non-health facilities, establishments or
institutions shall take strict measures to prevent any direct or indirect
form of promotion, marketing, and/or sales of infant formula and/or
breastmilk substitutes within the lactation stations, or in any event or
circumstances which may be conducive to the same.
Apart from the said minimum requirements, all health and non-health
facilities, establishments or institutions may provide other suitable
facilities or services within the lactation station, all of which, upon due
substantiation, shall be considered eligible for purposes of Section 14
of this Act.
(Section 7. A new Section 12 is hereby added to read as follows)
Sec 12. Lactation Periods. Nursing employees shall granted break
intervals in addition to the regular time-off for meals to breastfeed or

express milk. These intervals, which shall include the time it takes an
employee to get to and from the workplace lactation station, shall be
counted as compensable hours worked. The Department of Labor
and Employment (DOLE) may adjust the same: Provided, That such
intervals shall not be less than a total of forty (40) minutes for every
eight (8)-hour working period.

5 Minors
Art 139. Minimum employable age.
(a) No child below fifteen (15) years of age shall be employed, except
when he works directly under the sole responsibility of his parents or
guardian, and his employment does not in any way interfere with his
schooling.
(b) Any person between fifteen (15) and eighteen (18) years of age
may be employed for such number of hours and such periods of the
day as determined by the Secretary of Labor and Employment in
appropriate regulations.
(c) The foregoing provisions shall in no case allow the employment of
a person below eighteen (18) years of age in an undertaking which is
hazardous or deleterious in nature as determined by the Secretary of
Labor and Employment.
Art 140. Prohibition against child discrimination. No employer
shall discriminate against any person in respect to terms and
conditions of employment on account of his age.

Also study: R.A. No 7658. An act prohibiting the

employment of children below 15 years of age in
public and private undertakings, amending for this
purpose Section 12, Article VIII of R.A. 7610
Sec. 1. Section 12, Article VIII of R.A. No. 7610 otherwise known as
the "Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act" is hereby amended to read as follows:

Sec. 12.
Employment of Children. - Children below fifteen (15)
years of age shall not be employed except:
1)
When a child works directly under the sole responsibility of his
parents or legal guardian and where only members of the employer's
family are employed: Provided, however, That his employment
neither endangers his life, safety, health and morals, nor impairs his
normal development; Provided, further, That the parent or legal
guardian shall provide the said minor child with the prescribed
primary and/or secondary education; or
2)
Where a child's employment or participation in public
entertainment or information through cinema, theater, radio or
television is essential: Provided, The employment contract is
concluded by the child's parents or legal guardian, with the express
agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: and Provided, That the
following requirements in all instances are strictly complied with:
(a)
The employer shall ensure the protection, health, safety,
morals and normal development of the child;
(b)
The employer shall institute measures to prevent the child's
exploitation or discrimination taking into account the system and level
of remuneration, and the duration and arrangement of working time;
and
(c)
The employer shall formulate and implement, subject to the
approval and supervision of competent authorities, a continuing
program for training and skills acquisition of the requirements.
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 child.

By virtue of the provisions of Section 2 of Republic

Act No. 7658, An Act Prohibiting the Employment of
Children Below Fifteen (15) Years of Age in Public and
Private Undertakings, amending Section 12, Article VIII
of Republic Act No. 7610, the following Rules and
Regulations governing the employment of children are
hereby issued:
Sec. 1. General Prohibition. Except as otherwise provided in this
Rules, children below 15 years of age shall not be employed,
permitted or suffered to work, in any public or private establishments
in the Philippines.
Sec. 2. Definition of terms.

a) 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:
1. the employment does not endanger the child's life, safety,
health and morals;
2. the employment does not impair the child's normal
development.
3. the employer parent or legal guardian provides the child with
the primary and/or secondary education prescribed by the
Department of Education, Culture and Sports.
b) Where the child's employment or participation in public
entertainment or information through cinema, theater, radio or
television is essential, provided that:

a) "Employer" - any parent, legal guardian or producer acting as

employer who hires or engages the services of any child below 15
years of age.

1. the employment does not involve advertisements or

commercials promoting alcoholic beverages, intoxicating drinks,
tobacco and its by-products or exhibiting violence;

b) "Legal Guardian" - any person duly appointed by a court of

competent authority to exercise care and custody of or parental
authority over the person of such child/employee.

2. there is a written contract approved by the Department of Labor

and Employment; and

c) "Producer" - any individual or group of individuals engaged in the

production of movies, films, motion pictures, shows or
advertisements, whether on cinema, theater, radio or television,
wherein the services of such child/employee are hired.
d) "Members of the family" - those persons having family relations
referred to under Article 150 of the Family Code of the Philippines. It
shall include the employer parent's or legal guardian's husband or
wife, parents, children, other ascendants or descendants, brothers
and sisters whether of full or half blood.
e) "Department" - the Department of Labor and Employment.
Sec. 3. Exceptions and conditions. - The following shall be the only
exceptions to the prohibition on the employment of children below 15
years of age and the conditions for availment of said exceptions:

3. the condition prescribed in Section a above are met.

Sec. 5. Pre-employment requirements. Before an employer
engages a child for employment under the exceptions enumerated
above, he/she met first secure a work permit from the Regional Office
of the Department having jurisdiction over the workplace.
The Regional Office shall require the employer to submit the
following documents in support of the application for a work permit:
a) two (2) pictures of the child, one full body and the other showing
the child's face, both of which must be recently taken and
recognizable;
b) the child's Birth Certificate or in its absence, his/her Baptismal
Certificate and a joint affidavit of his/her two nearest kin showing the
year he/she was born and a duly authenticated proof of legal
guardianship where the employer is a legal guardian;

c) a certificate of enrollment issued by the school where he/she is

currently or last enrolled or a statement from the parent or legal
guardian that the child is attending school;
d) a written undertaking that:
1. measures shall be instituted by the employer to prevent the
child's exploitation and discrimination such as payment of
minimum age, hours of work and other terms and conditions
required by law; and
2. the employer shall ensure the protection, health, safety, morals
and normal development of the child;
e. a medical certificate showing that the child is fit for employment;
f) a certification of a continuing program for training and skills
acquisition approved and supervised by any competent authority,
nearest the place of work, which may be recognized vocational or
training school, the regional or local office of the Department of
Social Welfare and Development and the National Manpower and
Youth Council; and
g) a written contract of employment concluded by the child's parents
or legal guardian with the employer in cases of employment or
participation in public entertainment or information through cinema,
theater, radio or television. Said contract shall bear the express
agreement of the child concerned, if possible, and shall state the
nature or full description of the job and the justification is essential.
Sec. 5. Hours of Work. Subject to consultations with the sectors
concerned, the Department shall by appropriate regulations, issue
standards governing the hours of work and time of day that children
may be allowed to work.

R.A. No 9231. An act providing for the elimination of

the worst forms of child labor and affording stronger
protection for the working child, amending for this
purpose R.A. No 7610, as amended, otherwise known
as the "Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act
Sec 2. Declaration of State Policy and Principles. - It is hereby
declared to be the policy of the State to provide special protection to
children from all forms of abuse, neglect, cruelty, exploitation and
discrimination, and other conditions prejudicial to their development
including child labor and its worst forms; provide sanctions for their
commission and carry out a program for prevention and deterrence of
and crisis intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child when
the parent, guardian, teacher or person having care or custody of the
child fails or is unable to protect the child against abuse, exploitation
and discrimination or when such acts against the child are committed
by the said parent, guardian, teacher or person having care and
custody of the same.
It shall be the policy of the State to protect and rehabilitate children
gravely threatened or endangered by circumstances which affect or
will affect their survival and normal development and over which they
have no control.
The best interests of children shall be the paramount consideration in
all actions concerning them, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities,
and legislative bodies, consistent with the principle of First Call for
Children as enunciated in the United Nations Convention on the
Rights of the Child. Every effort shall be exerted to promote the
welfare of children and enhance their opportunities for a useful and
happy life.

Section 2. Section 12 of the same Act, as amended, is hereby further

amended to read as follows:

For purposes of this Article, the term "child" shall apply to all persons
under eighteen (18) years of age.

Sec. 2. Employment of Children - Children below fifteen (15) years

of age shall not be employed except:

Section 3. The same Act, as amended, is hereby further amended by

adding new sections to be denominated as Sections 12-A, 12-B, 12C, and 12-D to read as follows:

1) When a child works directly under the sole responsibility of his/her

parents or legal guardian and where only members of his/her family
are employed: Provided, however, That his/her employment neither
endangers his/her life, safety, health, and morals, nor impairs his/her
normal development: Provided, further, That the parent or legal
guardian shall provide the said child with the prescribed primary
and/or secondary education; or

Sec. 2-A. Hours of Work of a Working Child. - Under the

exceptions provided in Section 12 of this Act, as amended:
(1) A child below fifteen (15) years of age may be allowed to work for
not more than twenty (20) hours a week: Provided, That the work
shall not be more than four (4) hours at any given day;

2) Where a child's employment or participation in public

entertainment or information through cinema, theater, radio,
television or other forms of media is essential: Provided,

(2) A child fifteen (15) years of age but below eighteen (18) shall not
be allowed to work for more than eight (8) hours a day, and in no
case beyond forty (40) hours a week;

That the employment contract is concluded by the child's parents or

legal guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and
Employment: Provided, further, That the following requirements in all
instances are strictly complied with:

(3) No child below fifteen (15) years of age shall be allowed to work
between eight o'clock in the evening and six o'clock in the morning of
the following day and no child fifteen (15) years of age but below
eighteen (18) shall be allowed to work between ten o'clock in the
evening and six o'clock in the morning of the following day."

(a) The employer shall ensure the protection, health, safety, morals
and normal development of the child;

Sec. 12-B. Ownership, Usage and Administration of the Working

Child's Income. - The wages, salaries, earnings and other income of
the working child shall belong to him/her in ownership and shall be
set aside primarily for his/her support, education or skills acquisition
and secondarily to the collective needs of the family: Provided, That
not

(b) The employer shall institute measures to prevent the child's

exploitation or discrimination taking into account the system and level
of remuneration, and the duration and arrangement of working time;
and
(c) The employer shall formulate and implement, subject to the
approval and supervision of competent authorities, a continuing
program for training and skills acquisition of the child.
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.

more than twenty percent (20%) of the child's income may be used
for the collective needs of the family.
The income of the working child and/or the property acquired through
the work of the child shall be administered by both parents. In the
absence or incapacity of either of the parents, the other parent shall
administer the same. In case both parents are absent or
incapacitated, the order of preference on parental authority as
provided for under the Family Code shall apply.

Sec. 12-C. Trust Fund to Preserve Part of the Working Child's

Income. - The parent or legal guardian of a working child below
eighteen (18) years of age shall set up a trust fund for at least thirty
percent (30%) of the earnings of the child whose wages and salaries
from work and other income amount to at least two hundred
thousand pesos (P200,000.00) annually, for which he/she shall
render a semi-annual accounting of the fund to the Department of
Labor and Employment, in compliance with the provisions of this Act.
The child shall have full control over the trust fund upon reaching the
age of majority.
Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No
child shall be engaged in the worst forms of child labor. The phrase
"worst forms of child labor" shall refer to any of the following:
(1) All forms of slavery, as defined under the "Anti-trafficking in
Persons Act of 2003", or practices similar to slavery such as sale and
trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in armed
conflict; or
(2) The use, procuring, offering or exposing of a child for prostitution,
for the production of pornography or for pornographic performances;
or
(3) The use, procuring or offering of a child for illegal or illicit
activities, including the production and trafficking of dangerous drugs
and volatile substances prohibited under existing laws; or
(4) Work which, by its nature or the circumstances in which it is
carried out, is hazardous or likely to be harmful to the health, safety
or morals of children, such that it:
a) Debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being; or
b) Exposes the child to physical, emotional or sexual abuse, or is
found to be highly stressful psychologically or may prejudice morals;
or

c) Is performed underground, underwater or at dangerous heights; or

d) Involves the use of dangerous machinery, equipment and tools
such as power- driven or explosive power-actuated tools; or
e) Exposes the child to physical danger such as, but not limited to the
dangerous feats of balancing, physical strength or contortion, or
which requires the manual transport of heavy loads; or
f) Is performed in an unhealthy environment exposing the child to
hazardous working conditions, elements, substances, co-agents or
processes involving ionizing, radiation, fire, flammable substances,
noxious components and the like, or to extreme temperatures, noise
levels, or vibrations; or
g) Is performed under particularly difficult conditions; or
h) Exposes the child to biological agents such as bacteria, fungi,
viruses, protozoans, nematodes and other parasites; or
i) Involves the manufacture or handling of explosives and other
pyrotechnic products.
Section 4. Section 13 of the same Act is hereby amended to read as
follows:
Sec. 13. Access to Education and Training for Working Children
a) No child shall be deprived of formal or non-formal education. In all
cases of employment allowed in this Act, the employer shall provide a
working child with access to at least primary and secondary
education.
b) To ensure and guarantee the access of the working child to
education and training, the Department of Education (DEPED) shall:
(1) formulate, promulgate, and implement relevant and effective
course designs and educational programs; (2) conduct the necessary
training for the implementation of the appropriate curriculum for the
purpose; (3) ensure the availability of the needed educational
facilities and materials; and (4) conduct continuing research and

development program for the necessary and relevant alternative

education of the working child.
c) The DEPED shall promulgate a course design under its non-formal
education program aimed at promoting the intellectual, moral and
vocational efficiency of working children who have not undergone or
finished elementary or secondary education. Such course design
shall integrate the learning process deemed most effective under
given circumstances."
Section 5. Section 14 of the same Act is hereby amended to read as
follows:
"Sec. 14. Prohibition on the Employment of Children in Certain
Advertisements. - No child shall be employed as a model in any
advertisement directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts, gambling or any form
of violence or pornography."
Section 6. Section 16 of the same Act, is hereby amended to read as
follows:
Sec. 16. Penal Provisions a) Any employer who violates Sections 12, 12-A, and Section 14 of
this act, as amended, shall be penalized by imprisonment of six (6)
months and one (1) day to six (6) years or a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than Three hundred
thousand pesos (P300,000.00) or both at the discretion of the court.
b) Any person who violates the provision of Section 12-D of this act
or the employer of the subcontractor who employs, or the one who
facilitates the employment of a child in hazardous work, shall suffer
the penalty of a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than One million pesos (P1,000,000.00),
or imprisonment of not less than twelve (12) years and one (1) day to
twenty (20) years, or both such fine and imprisonment at the
discretion of the court.

c) Any person who violates Sections 12-D(1) and 12-D(2) shall be

prosecuted and penalized in accordance with the penalty provided for
by R. A. 9208 otherwise known as the "Anti-trafficking in Persons Act
of 2003": Provided, That Such penalty shall be imposed in its
maximum period.
d) Any person who violates Section 12-D (3) shall be prosecuted and
penalized in accordance with R.A. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002"; Provided, That such
penalty shall be imposed in its maximum period.
e) If a corporation commits any of the violations aforecited, the board
of directors/trustees and officers, which include the president,
treasurer and secretary of the said corporation who participated in or
knowingly allowed the violation, shall be penalized accordingly as
provided for under this Section.
f) Parents, biological or by legal fiction, and legal guardians found to
be violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a
fine of not less than Ten thousand pesos (P10,000.00) but not more
than One hundred thousand pesos (P100,000.00), or be required to
render community service for not less than thirty (30) days but not
more than one (1) year, or both such fine and community service at
the discretion of the court: Provided, That the maximum length of
community service shall be imposed on parents or legal guardians
who have violated the provisions of this Act three (3) times; Provided,
further, That in addition to the community service, the penalty of
imprisonment of thirty (30) days but not more than one (1) year or
both at the discretion of the court, shall be imposed on the parents or
legal guardians who have violated the provisions of this Act more
than three (3) times.
g) The Secretary, of Labor and Employment or his/her duly
authorized representative may, after due notice and hearing, order
the closure of any business firm or establishment found to have
violated any of the provisions of this Act more than three (3) times.
He/she shall likewise order the immediate closure of such firm or
establishment if:

(1) The violation of any provision of this Act has resulted in the death,
insanity or serious physical injury of a child employed in such
establishment; or
(2) Such firm or establishment is engaged or employed in prostitution
or in obscene or lewd shows.
h) In case of such closure, the employer shall be required to pay the
employee(s) the separation pay and other monetary benefits
provided for by law."
Section 7. The same Act is hereby further amended by adding a new
section to be denominated as Section 16-A, to read as follows:
Sec. 16-A. Trust Fund from Fines and Penalties - The fine
imposed by the court shall be treated as a Trust Fund, administered
by the Department of Labor and Employment and disbursed
exclusively for the needs, including the costs of rehabilitation and
reintegration into the mainstream of society of the working children
who are victims of the violations of this Act, and for the programs and
projects that will prevent acts of child labor."
Section 8. Section 27 of the same Act is hereby amended to read as
follows:
Sec. 27. Who May File a Complaint - Complaints on cases of
unlawful acts committed against children as enumerated herein may
be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;
(d) Officer, social worker or representative of a licensed child-caring
institution;

(e) Officer or social worker of the Department of Social Welfare and

Development;
(f) Barangay chairman of the place where the violation occurred,
where the child is residing or employed; or
(g) At least three (3) concerned, responsible citizens where the
violation occurred.
Section 9. The same Act is hereby further amended by adding new
sections to Section 16 to be denominated as Sections 16-A, 16-B
and 16-C to read as follows:
Sec. 16-A. Jurisdiction - The family courts shall have original
jurisdiction over all cases involving offenses punishable under this
Act: Provided, That in cities or provinces where there are no family
courts yet, the regional trial courts and the municipal trial courts shall
have concurrent jurisdiction depending on the penalties prescribed
for the offense charged.
The preliminary investigation of cases filed under this Act shall be
terminated within a period of thirty (30) days from the date of filing.
If the preliminary investigation establishes a prima facie case, then
the corresponding information shall be filed in court within forty eight
(48) hours from the termination of the investigation.
Trial of cases under this Act shall be terminated by the court not later
than ninety (90) days from the date of filing of information. Decision
on said cases shall be rendered within a period of fifteen (15) days
from the date of submission of the case.
Sec. 15. Exemptions from Filing Fees. - When the victim of child
labor institutes a separate civil action for the recovery of civil
damages, he/she shall be exempt from payment of filing fees.
Sec. 16-C. Access to Immediate Legal, Medical and PsychoSocial Services - The working child shall have the right to free legal,
medical and psycho-social services to be provided by the State.

Also study: DOLE Dept Advisory 01-08 Series of 2008

SEC. 3. Coverage. This Act applies to all domestic workers

employed and working within the country.
SEC. 4. Definition of Terms. As used in this Act, the term:

6 Househelpers
R.A. No 10361. Batas Kasambahay
ARTICLE I
GENERAL PROVISIONS
SEC. 2. Declaration of Policies. It is hereby declared that:
(a) The State strongly affirms labor as a primary social force and is
committed to respect, promote, protect and realize the fundamental
principles and rights at work including, but not limited to, abolition of
child labor, elimination of all forms of forced labor, discrimination in
employment and occupation, and trafficking in persons, especially
women and children;
(b) The State adheres to internationally accepted working conditions
for workers in general, and establishes labor standards for domestic
workers in particular, towards decent employment and income,
enhanced coverage of social protection, respect for human rights and
strengthened social dialogue;
(c) The State recognizes the need to protect the rights of domestic
workers against abuse, harassment, violence, economic exploitation
and performance of work that is hazardous to their physical and
mental health; and
(d) The State, in protecting domestic workers and recognizing their
special needs to ensure safe and healthful working conditions,
promotes gender-sensitive measures in the formulation and
implementation of policies and programs affecting the local domestic
work.

(a) Debt bondage refers to the rendering of service by the domestic

worker as security or payment for a debt where the length and nature
of service is not clearly defined or when the value of the service is not
reasonably applied in the payment of the debt.
(b) Deployment expenses refers to expenses that are directly used
for the transfer of the domestic worker from place of origin to the
place of work covering the cost of transportation. Advances or loans
by the domestic worker are not included in the definition of
deployment expenses.
(c) Domestic work refers to work performed in or for a household or
households.
(d) Domestic worker or Kasambahay refers to any person engaged
in domestic work within an employment relationship such as, but not
limited to, the following: general househelp, nursemaid or yaya,
cook, gardener, or laundry person, but shall exclude any person who
performs domestic work only occasionally or sporadically and not on
an occupational basis.
The term shall not include children who are under foster family
arrangement, and are provided access to education and given an
allowance incidental to education, i.e. baon, transportation, school
projects and school activities.
(e) Employer refers to any person who engages and controls the
services of a domestic worker and is party to the employment
contract.
(f) Household refers to the immediate members of the family or the
occupants of the house that are directly provided services by the
domestic worker.

(g) Private Employment Agency (PEA) refers to any individual,

legitimate partnership, corporation or entity licensed to engage in the
recruitment and placement of domestic workers for local
employment.
(h) Working children, as used under this Act, refers to domestic
workers who are fifteen (15) years old and above but below eighteen
(18) years old.
ARTICLE II
RIGHTS AND PRIVILEGES
SEC. 5. Standard of Treatment. The employer or any member of
the household shall not subject a domestic worker or kasambahay
to any kind of abuse nor inflict any form of physical violence or
harassment or any act tending to degrade the dignity of a domestic
worker.
SEC. 6. Board, Lodging and Medical Attendance. The employer
shall provide for the basic necessities of the domestic worker to
include at least three (3) adequate meals a day and humane sleeping
arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the
domestic worker in case of illnesses and injuries sustained during
service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the
provision of these basic necessities as punishment or disciplinary
action to the domestic worker.
SEC. 7. Guarantee of Privacy. Respect for the privacy of the
domestic worker shall be guaranteed at all times and shall extend to
all forms of communication and personal effects. This guarantee
equally recognizes that the domestic worker is obliged to render
satisfactory service at all times.
SEC. 8. Access to Outside Communication. The employer shall
grant the domestic worker access to outside communication during

free time: Provided, That in case of emergency, access to

communication shall be granted even during work time. Should the
domestic worker make use of the employers telephone or other
communication facilities, the costs shall be borne by the domestic
worker, unless such charges are waived by the employer.
SEC. 9. Right to Education and Training. The employer shall
afford the domestic worker the opportunity to finish basic education
and may allow access to alternative learning systems and, as far as
practicable, higher education or technical and vocational training. The
employer shall adjust the work schedule of the domestic worker to
allow such access to education or training without hampering the
services required by the employer.
SEC. 10. Prohibition Against Privileged Information. All
communication and information pertaining to the employer or
members of the household shall be treated as privileged and
confidential, and shall not be publicly disclosed by the domestic
worker during and after employment. Such privileged information
shall be inadmissible in evidence except when the suit involves the
employer or any member of the household in a crime against
persons, property, personal liberty and security, and chastity.
ARTICLE III
PRE-EMPLOYMENT
SEC. 11. Employment Contract. An employment contract shall be
executed by and between the domestic worker and the employer
before the commencement of the service in a language or dialect
understood by both the domestic worker and the employer. The
domestic worker shall be provided a copy of the duly signed
employment contract which must include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;

(d) Authorized deductions;

(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE) shall develop a
model employment contract for domestic workers which shall, at all
times, be made available free of charge to domestic workers,
employers, representative organizations and the general public. The
DOLE shall widely disseminate information to domestic workers and
employers on the use of such model employment contract.
In cases where the employment of the domestic worker is facilitated
through a private employment agency, the PEA shall keep a copy of
all employment contracts of domestic workers and shall be made
available for verification and inspection by the DOLE.
SEC. 12. Pre-Employment Requirement. Prior to the execution of
the employment contract, the employer may require the following
from the domestic worker:
(a) Medical certificate or a health certificate issued by a local
government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and

(d) Duly authenticated birth certificate or if not available, any other

document showing the age of the domestic worker such as voters
identification card, baptismal record or passport.
However, Section 12(a), (b), (c) and (d) shall be standard
requirements when the employment of the domestic worker is
facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer
or agency, as the case may be.
SEC. 13. Recruitment and Finders Fees. Regardless of whether
the domestic worker was hired through a private employment agency
or a third party, no share in the recruitment or finders fees shall be
charged against the domestic worker by the said private employment
agency or third party.
SEC. 14. Deposits for Loss or Damage. It shall be unlawful for
the employer or any other person to require a domestic worker to
make deposits from which deductions shall be made for the
reimbursement of loss or damage to tools, materials, furniture and
equipment in the household.
SEC. 15. Prohibition on Debt Bondage. It shall be unlawful for
the employer or any person acting on behalf of the employer to place
the domestic worker under debt bondage.
SEC. 16. Employment Age of Domestic Workers. It shall be
unlawful to employ any person below fifteen (15) years of age as a
domestic worker. Employment of working children, as defined under
this Act, shall be subject to the provisionsof Section 10(A), paragraph
2 of Section 12-A, paragraph 4 of Section 12-D, and Section 13 of
Republic Act No. 7610, as amended, otherwise known as the
Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act.
Working children shall be entitled to minimum wage, and all benefits
provided under this Act.

Any employer who has been sentenced by a court of law of any

offense against a working child under this Act shall be meted out with
a penalty one degree higher and shall be prohibited from hiring a
working child.

(a) Offsetting a day of absence with a particular rest day;

SEC. 17. Employers Reportorial Duties. The employers shall

register all domestic workers under their employment in the Registry
of Domestic Workers in the barangay where the employers
residence is located. The Department of the Interior and Local
Government (DILG) shall, in coordination with the DOLE, formulate a
registration system for this purpose.

(c) Accumulating rest days not exceeding five (5) days; or

SEC. 18. Skills Training, Assessment and Certification. To

ensure productivity and assure quality services, the DOLE, through
the Technical Education and Skills Development Authority (TESDA),
shall facilitate access of domestic workers to efficient training,
assessment and certification based on a duly promulgated training
regulation.
ARTICLE IV
EMPLOYMENT TERMS AND CONDITIONS
SEC. 19. Health and Safety. The employer shall safeguard the
health and safety of the domestic worker in accordance with laws,
rules and regulations, with due consideration of the peculiar nature of
domestic work.
SEC. 20. Daily Rest Period. The domestic worker shall be entitled
to an aggregate daily rest period of eight (8) hours per day.
SEC. 21. Weekly Rest Period. The domestic worker shall be
entitled to at least twenty-four (24) consecutive hours of rest in a
week. The employer and the domestic worker shall agree in writing
on the schedule of the weekly rest day of the domestic
worker: Provided, That the employer shall respect the preference of
the domestic worker as to the weekly rest day when such preference
is based on religious grounds. Nothing in this provision shall deprive
the domestic worker and the employer from agreeing to the following:

(b) Waiving a particular rest day in return for an equivalent daily rate
of pay;

(d) Other similar arrangements.

SEC. 22. Assignment to Nonhousehold Work. No domestic
worker shall be assigned to work in a commercial, industrial or
agricultural enterprise at a wage rate lower than that provided for
agricultural or nonagricultural workers. In such cases, the domestic
worker shall be paid the applicable minimum wage.
SEC. 23. Extent of Duty. The domestic worker and the employer
may mutually agree for the former to temporarily perform a task that
is outside the latters household for the benefit of another household.
However, any liability that will be incurred by the domestic worker on
account of such arrangement shall be borne by the original employer.
In addition, such work performed outside the household shall entitle
the domestic worker to an additional payment of not less than the
existing minimum wage rate of a domestic worker. It shall be unlawful
for the original employer to charge any amount from the said
household where the service of the domestic worker was temporarily
performed.
SEC 24. Minimum Wage. The minimum wage of domestic workers
shall not be less than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those
employed in the National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in
chartered cities and first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those
employed in other municipalities.

After one (1) year from the effectivity of this Act, and periodically
thereafter, the Regional Tripartite and Productivity Wage Boards
(RTPWBs) shall review, and if proper, determine and adjust the
minimum wage rates of domestic workers.
SEC 25. Payment of Wages. Payment of wages shall be made on
time directly to the domestic worker to whom they are due in cash at
least once a month. The employer, unless allowed by the domestic
worker through a written consent, shall make no deductions from the
wages other than that which is mandated by law. No employer shall
pay the wages of a domestic worker by means of promissory notes,
vouchers, coupons, tokens, tickets, chits, or any object other than the
cash wage as provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided
for by law.
SEC. 26. Pay Slip. The employer shall at all times provide the
domestic worker with a copy of the pay slip containing the amount
paid in cash every pay day, and indicating all deductions made, if
any. The copies of the pay slip shall be kept by the employer for a
period of three (3) years.
SEC. 27. Prohibition on Interference in the Disposal of Wages.
It shall be unlawful for the employer to interfere with the freedom of
any domestic worker to dispose of the latters wages. The employer
shall not force, compel or oblige the domestic worker to purchase
merchandise, commodities or other properties from the employer or
from any other person, or otherwise make use of any store or
services of such employer or any other person.
SEC 28. Prohibition Against Withholding of Wages. It shall be
unlawful for an employer, directly or indirectly, to withhold the wages
of the domestic worker. If the domestic worker leaves without any
justifiable reason, any unpaid salary for a period not exceeding fifteen
(15) days shall be forfeited. Likewise, the employer shall not induce
the domestic worker to give up any part of the wages by force,
stealth, intimidation, threat or by any other means whatsoever.

SEC. 29. Leave Benefits. A domestic worker who has rendered at

least one (1) year of service shall be entitled to an annual service
incentive leave of five (5) days with pay: Provided, That any unused
portion of said annual leave shall not be cumulative or carried over to
the succeeding years. Unused leaves shall not be convertible to
cash.
SEC. 30. Social and Other Benefits. A domestic worker who has
rendered at least one (1) month of service shall be covered by the
Social Security System (SSS), the Philippine Health Insurance
Corporation (PhilHealth), and the Home Development Mutual Fund or
Pag-IBIG, and shall be entitled to all the benefits in accordance with
the pertinent provisions provided by law.
Premium payments or contributions shall be shouldered by the
employer. However, if the domestic worker is receiving a wage of
Five thousand pesos (P5,000.00) and above per month, the domestic
worker shall pay the proportionate share in the premium payments or
contributions, as provided by law.
The domestic worker shall be entitled to all other benefits under
existing laws.
SEC. 31. Rescue and Rehabilitation of Abused Domestic
Workers. Any abused or exploited domestic worker shall be
immediately rescued by a municipal or city social welfare officer or a
social welfare officer from the Department of Social Welfare and
Development (DSWD) in coordination with the concerned barangay
officials. The DSWD and the DILG shall develop a standard operating
procedure for the rescue and rehabilitation of abused domestic
workers, and in coordination with the DOLE, for possible subsequent
job placement.
ARTICLE V
POST EMPLOYMENT
SEC. 32. Termination of Service. Neither the domestic worker nor
the employer may terminate the contract before the expiration of the
term except for grounds provided for in Sections 33 and 34 of this

Act. If the domestic worker is unjustly dismissed, the domestic worker

shall be paid the compensation already earned plus the equivalent of
fifteen (15) days work by way of indemnity. If the domestic worker
leaves without justifiable reason, any unpaid salary due not
exceeding the equivalent fifteen (15) days work shall be forfeited. In
addition, the employer may recover from the domestic worker costs
incurred related to the deployment expenses, if any: Provided, That
the service has been terminated within six (6) months from the
domestic workers employment.

SEC. 34. Termination Initiated by the Employer. An employer

may terminate the services of the domestic worker at any time before
the expiration of the contract, for any of the following causes:

If the duration of the domestic service is not determined either in

stipulation or by the nature of the service, the employer or the
domestic worker may give notice to end the working relationship five
(5) days before the intended termination of the service.

(c) Fraud or willful breach of the trust reposed by the employer on the
domestic worker;

The domestic worker and the employer may mutually agree upon
written notice to pre-terminate the contract of employment to end the
employment relationship.
SEC. 33. Termination Initiated by the Domestic Worker. The
domestic worker may terminate the employment relationship at any
time before the expiration of the contract for any of the following
causes:
(a) Verbal or emotional abuse of the domestic worker by the
employer or any member of the household;
(b) Inhuman treatment including physical abuse of the domestic
worker by the employer or any member of the household;
(c) Commission of a crime or offense against the domestic worker by
the employer or any member of the household;
(d) Violation by the employer of the terms and conditions of the
employment contract and other standards set forth under this law;
(e) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household; and
(f) Other causes analogous to the foregoing.

(a) Misconduct or willful disobedience by the domestic worker of the

lawful order of the employer in connection with the formers work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in
the performance of duties;

(d) Commission of a crime or offense by the domestic worker against

the person of the employer or any immediate member of the
employers family;
(e) Violation by the domestic worker of the terms and conditions of
the employment contract and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household; and
(g) Other causes analogous to the foregoing.
SEC. 35. Employment Certification. Upon the severance of the
employment relationship, the employer shall issue the domestic
worker within five (5) days from request a certificate of employment
indicating the nature, duration of the service and work performance.
ARTICLE VI
PRIVATE EMPLOYMENT AGENCIES
SEC. 36. Regulation of Private Employment Agencies (PEAs).
The DOLE shall, through a system of licensing and regulation,
ensure the protection of domestic workers hired through the PEAs.

The PEA shall be jointly and severally liable with the employer for all
the wages, wage-related benefits, and other benefits due a domestic
worker.
The provision of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines, on
qualifications of the PEAs with regard to nationality, networth, owners
and officers, office space and other requirements, as well as
nontransferability of license and commission of prohibited practices,
shall apply.

SEC. 37. Mechanism for Settlement of Disputes. All laborrelated disputes shall be elevated to the DOLE Regional Office
having jurisdiction over the workplace without prejudice to the filing of
a civil or criminal action in appropriate cases. The DOLE Regional
Office shall exhaust all conciliation and mediation efforts before a
decision shall be rendered.
Ordinary crimes or offenses committed under the Revised Penal
Code and other special penal laws by either party shall be filed with
the regular courts.

In addition, PEAs shall have the following responsibilities:

ARTICLE VIII

(a) Ensure that domestic workers are not charged or levied any
recruitment or placement fees;

SPECIAL PROVISIONS

(b) Ensure that the employment agreement between the domestic

worker and the employer stipulates the terms and conditions of
employment and all the benefits prescribed by this Act;
(c) Provide a pre-employment orientation briefing to the domestic
worker and the employer about their rights and responsibilities in
accordance with this Act;
(d) Keep copies of employment contracts and agreements pertaining
to recruited domestic workers which shall be made available during
inspections or whenever required by the DOLE or local government
officials;
(e) Assist domestic workers with respect to complaints or grievances
against their employers; and
(f) Cooperate with government agencies in rescue operations
involving abused or exploited domestic workers.
ARTICLE VII
SETTLEMENT OF DISPUTES

SEC. 38. Information Program. The DOLE shall, in coordination

with the DILG, the SSS, the PhilHealth and Pag-IBIG develop and
implement a continuous information dissemination program on the
provisions of this Act, both at the national and local level, immediately
after the enactment of this law.
SEC. 39. Araw Ng Mga Kasambahay. The date upon which the
President shall approve this Domestic Workers Act shall be
designated as the Araw ng mga Kasambahay.

7 Homeworkers
Art 153. Regulation of industrial homeworkers. The employment
of industrial homeworkers and field personnel shall be regulated by
the government through the appropriate regulations issued by the
Secretary of Labor and Employment to ensure the general welfare
and protection of homeworkers and field personnel and the industries
employing them.
Art 155. Distribution of homework. For purposes of this Chapter,
the employer of homeworkers includes any person, natural or
artificial who, for his account or benefit, or on behalf of any person

residing outside the country, directly or indirectly, or through an

employee, agent contractor, sub-contractor or any other person:
(1) Delivers, or causes to be delivered, any goods, articles or
materials to be processed or fabricated in or about a home and
thereafter to be returned or to be disposed of or distributed in
accordance with his directions; or
(2) Sells any goods, articles or materials to be processed or
fabricated in or about a home and then rebuys them after such
processing or fabrication, either by himself or through some other
person.

(b) Any non-resident alien who shall take up employment in violation

of the provision of this Title and its implementing rules and
regulations shall be punished in accordance with the provisions of
Articles 289 and 290 of the Labor Code.
In addition, the alien worker shall be subject to deportation after
service of his sentence.
Art 42. Submission of list. Any employer employing non-resident
foreign nationals on the effective date of this Code shall submit a list
of such nationals to the Secretary of Labor within thirty (30) days
after such date indicating their names, citizenship, foreign and local
addresses, nature of employment and status of stay in the country.
The Secretary of Labor shall then determine if they are entitled to an
employment permit.

8 Foreigners
Art 40. Employment permit of non-resident aliens. Any alien
seeking admission to the Philippines for employment purposes and
any domestic or foreign employer who desires to engage an alien for
employment in the Philippines shall obtain an employment permit
from the Department of Labor.
The employment permit may be issued to a non- resident alien or to
the applicant employer after a determination of the non-availability of
a person in the Philippines who is competent, able and willing at the
time of application to perform the services for which the alien is
desired.
For an enterprise registered in preferred areas of investments, said
employment permit may be issued upon recommendation of the
government agency charged with the supervision of said registered
enterprise.
Art 41. Prohibition against transfer of employment.
(a) After the issuance of an employment permit, the alien shall not
transfer to another job or change his employer without prior approval
of the Secretary of Labor.

Omnibus Rules, Book 1, Rule 9

OVERSEAS EMPLOYMENT DEVELOPMENT BOARD
Section 1. Coverage. This Rule shall cover the functions and
responsibilities of the OEDB. It shall apply to employers hiring
through the OEDB and to workers processed and placed by said
agency.
Section 2. Role of the OEDB. The OEDB shall be the government
placement agency for overseas employment. In cooperation with
other relevant agencies and entities, it shall also be responsible for
developing employment and wage standards and such support
services as may be necessary for the governments overseas
employment program.
Section 3. Employment development. The promotion and
development of employment opportunities abroad shall be
undertaken by the OEDB, in cooperation with relevant government
agencies and entities, through organized and systematic activities
and services which shall include among others, the following:

(a) A comprehensive manpower marketing strategy and to dispatch

OEDB development officers abroad for this purpose;
(b) Develop and promote programs or arrangements that would
encourage the hirings of Filipinos in organized or corporate groups;
(c) Scout for labor market for unskilled workers, among others; and
(d) Promote Filipino manpower through advestising in appropriate
media overseas.
Section 4. Recruitment and placement. a) The OEDB shall recruit
and place workers primarily on government-to-government
arrangements, and shall therefore service the hirings of foreign
governments and their instrumentalities and, in addition:
1) Recruit and place workers of particular skills categories as may be
directed by the Secretary;
2) Administer employment programs or projects as may be directed
by the Secretary; and
3) In cooperation with the Regional Offices of the Department,
undertake organized recruitment activities in the provinces in aid of
the employment dispersal policy of the Department.
b) The employer shall enter into a bilateral recruitment agreement
with the OEDB. The employer shall directly assist the OEDB in
selecting appropriate workers from its manpower pool.
c) The OEDB shall ensure that the worker through appropriate
undertakings complies with his obligations arising from the
employment contract.
Section 5. Documents requirements. An employer hiring through the
OEDB shall submit the following documents:
a) Authority from the government of the employer to hire Filipino
workers;

b) Work permit or visa assurance of workers; and

c) Recruitment Order which shall state the number and categories of
workers needed, compensation benefits, qualification guidelines,
testing procedures and a model employment contract.
Section 6. Formalization of a Recruitment Agreement. Employers
hiring through the Administration shall be required to formalize a
Recruitment Agreement which shall be in accordance with existing
bilateral labor agreements, if any. The Recruitment Agreement shall,
among others, contain the following provisions:
a. Responsibilities of the parties to the agreement;
b. Selection and documentation procedures;
c. Fee schedules and terms of payment;
d. Manner and facilities for remittance of workers salary;
e. Grievance Machinery for workers; and
f. Validity and revocation of the agreement.
The standards and requirements set by the Administration for the
recruitment and placement of workers overseas shall apply to hiring
thru the Administration.
Section 7. Recruitment and Placement Procedures. a) Interview and
Selection An employer hiring through the Administration shall select
his workers from the manpower pool developed and maintained by
the Administration;
b) Medical Examination. Selected workers shall undergo and pass a
standard pre-employment medical examination conducted by a duly
accredited medical retainer of the Administration;
c) Ticketing and Flight Arrangements. The employer shall assume the
full cost of workers transportation to and from the place of work, For
this purpose, the Administration shall handle the flight arrangements

and/or ticketing of workers hired. Should the employer decide to

handle its own ticketing, he shall be required to course pre-paid
tickets through the Administration for appropriate flight booking.
d) Orientation. Before the worksite, hired workers shall undergo the
required Pre-Departure Orientation Seminar (PDOS).
Section 8. Documentation of Workers. a) Contract Processing
Workers hired through the Administration shall be issued the
following documents:
(1) Individual Employment Contract duly signed by the employer or
the proper administration official where appropriate;
(2) TravelExitPass;
(3) Endorsement letter to PTA, and
(4) Such other documents as may be necessary for travel.
b) Passport Documentation. The Administration may secure directly
the selected workers passport from the Department of Foreign
Affairs. All transmittals and endorsements for passport issuance shall
be undertaken directly by the Administration.

c) Visa Arrangements. The Administration may assist employers and

selected workers secure their visas from the appropriate Embassy.
Visa forms may be accomplished by the worker at the Administration.
The accomplished visa forms together with the passport shall be
endorsed by the Administration directly to the Embassy.
Section 9. Workers protection. The OEDB shall protect and enhance
the interest, well-being and welfare of workers and, for this purpose,
it shall undertake:
a) To establish wage and compensation standards, employments and
conditions, by region or by country, which shall be prescribed by the
Secretary;
b) To provide facilities for skills development and testing, preemployment medical examination, pre-departure work/or languange
orientation, foreign exchange remittance assistance, re-entry and reemployment assistance, accident insurance, among others, and
c) To implement a grievance procedure in accordance with the
provisions of this Title and the development objectives of the OEDB.

Also study: D.O. No 146-15