Labor Law 1 New Curriculum

Labor Law 1
University of the Cordilleras
Preliminary
Discussions
Constitutional Mandates on
Labor, Labor Law
Labor Legislation, Social
Legislation
What is Labor?
As an act: Exertion by human beings of
physical or mental efforts, or both, towards
the production of goods and services.
As a sector of society: That sector or group
in a society, which derives its livelihood
chiefly from rendition of work or services in
exchange for compensation under
managerial direction (Mendoza, 2001).
Refers to workers, whether agricultural or
non-agricultural
What is Labor?
Does not necessarily exclude the
application of skill, thus there is skilled and
unskilled labor.
Skill
familiar knowledge of any art or science, and

readiness and dexterity in execution or
performance or in the application of the art or
science to practical purposes.
Social, Labor and Welfare

Legislation
Constitutional provisions on labor are not self-executory, hence
the need for Social Legislation, Labor Legislation and Welfare
Legislation
Social Legislation - Laws that provide particular kinds of
protection or benefits to society or segments thereof in
furtherance of social justice.
Labor Legislation - Statutes, regulations and jurisprudence
governing the relations between capital and labor. It provides
for certain employment standards and a legal framework for
negotiating, adjusting and administering those standards and
other incidents of employment.
Welfare Legislation - Provides for the minimum economic
security, of the worker and his family in case, of loss of earnings
due to death, old age, disability, dismissal, injury or disease.
Social Legislation and Labor

Legislation, Distinguished
Labor Legislation
Social Legislation
Effect to
Employment
Directly affects
employment
Governs the effects of

employment
Purpose
Designed to meet the daily

needs of workers
Involves long range benefits
Coverage
Covers employment for

profit or gain
Covers employment for

profit and non-profit
Effect to Employee
Affects work of employee
Affects life of employee
Payor
Benefits are paid by the

workers employer
Benefits are paid by

government agencies
Social legislation encompasses labor legislation, thus is broader in

scope than the latter. All labor laws are social legislations but not all
social legislations are labor laws.
Labor Law, defined.

The law governing the rights and duties of
employers and employees with respect to Labor
Standards and Labor Relations.
Labor Standards Law deals with the minimum
standards as to wages, hours of work and other
terms and conditions of employment that
employers must provide their employees.
Labor Relations Law defines the status, rights
and duties as well as the institutional mechanisms
that govern the individual and collective
interactions between employers, employees and
their representatives.
The Aim and Basis of Labor

Laws
Attainment of Social Justice

Balance the interest of labor and capital
(eliminate oppression)
Labor is afforded a greater measure of protection
There is greater supply of labor than demand for
their services;
Those who have less in life should have more in law;
The need for employment by labor comes from vital,
and even desperate necessity (survival);
Social Justice & Labor Laws

Constitutional Provisions
Art. II, Secs. 10, 18 & 20; Art. XIII, Sec. 1-3
Definition/Balancing of Interest
Calalang v. Williams, 70 Phil. 726 (1940)
Tirazona v. Phil. EDS Techno-service, 576 SCRA 625
(2009)
Foundation: Police Power and State Protection

St. Lukes Med. Center Employees Foundation-AFW
(SLMCEA-AFW) v. NLRC, 517 SCRA 677 (2007)
Limits of Use
PLDT v. NLRC, 164 SCRA 671 (1988)
Legal Bases; Sources of Rights

and Benefits
International Instruments
International Covenant on Civil and Political
Rights, Art. 22
International Covenant on Economic, Social and
Cultural Rights, Arts. 6, 7, 8, 9
International Convention on the Elimination of All
Forms of Discrimination Against Women, Art. 11
Legal Bases; Sources of Rights

and Benefits
International Labor Organization (ILO) Conventions

International School Alliance of Educators v. Quisumbing, 333 SCRA 13 (2000)
1987 Constitution, Art. II, Secs. 5, 9, 10, 11, 13, 14, 18; Art. XIII,
Secs. 1, 3, 14
(For reference) 1935 Const., Art. XIV, Sec., 6; 1973 Const., Art. II, Sec. 9
Labor Code (LC) and Omnibus Rules Implementing the Labor Code
New Civil Code of the Philippines (NCC), Arts. 19, 21, 1700-1701
Collective Bargaining Agreement, Art. 1305-1306, NCC
DOLE Phils. v. Pawis ng Makabayang Obrero, 395 SCRA 112 (2003)
Past Practices
American Wire and Cable Daily Rated Employees Union American Wire and
Cable Co., Inc., 457 SCRA 684 (2005)
Company Policies
China Banking Corporation v. Borromeo, 440 SCRA 621 (2004)
Basic Principles
Preliminary Discussions on
the Labor Code
General Provisions
Decree Title, Art. 1
Effectivity, Art. 2
Policy Declaration, Art. 3
Construction in Favor of Labor, Art. 4
Peaflor v. Outdoor Clothing Manufacturing

Corp., et al., 618 SCRA 208 (2010)
Rule Making Power, Art. 5

Kapisanang Manggagawang Pinagyakap v. NLRC
& Franklin Baker Co. of the Philippines, 152
SCRA 96 (1997)
General Provisions
Technical Rules Not Binding, Art. 221

Ma. Ligaya B. Santos v. Litton Mills, Inc., 652 SCRA 510 (2011)
Building Care Corp. v. Macaraeg, G.R. No. 198357, 10 Dec. 2012
Applicability, Art. 6, 276; Constitution, Art. IX-B, Sec. 2(1)

Enforcement and Sanctions Arts. 217 (a) (2), (3), (4), (6);
128-129; 288-292; Const., Art III, Secs. 11 and 16
Cireneo Bowling Plaza, Inc. v. Sensing, 448 SCRA 175 (2005)

Peoples Broadcasting Service (Bombo Radyo Phils., Inc.) v. SOLE,
et al., 667 SCRA 538 (2012)
Raul C. Cosare v. Broadcom Asia, Inc., G.R. No. 201298. 5 Feb.
2014
What are the basic principles in

the constitution and labor-related
laws on protection to labor?
The state shall afford full protection to labor,

promote full employment, equal work
opportunities without bias or discrimination,
regulate the relations of employers and
employees, and assure workers rights (refer to
protection to labor clause Art. XIII, Sec. 3, 1987
Const. & Art. 3, Labor Code);
The relation of capital and labor are impressed
with public interest, hence employment
contracts are not ordinary contracts (Art. 1700,
NCC);
What are the basic principles in

the constitution and labor-related
laws on protection to labor?
In case of doubt or ambiguity, labor laws and rules

are to be construed in favor of labor (Art. 4, Labor
Code, Art. 1702, Civil Code)
IF THERE IS DOUBT as to the meaning of the legal and
contractual provision, the above-mentioned applies.
IF THE PROVISION IS CLEAR AND UNAMBIGUOUS, it must
be applied in accordance with its express terms. (Meralco
v. NLRC, GR No. 78763, July 12, 1989).
The law also recognizes that management has rights
which are also entitled to respect and enforcement in the
interest of fair play (St. Luke's Medical Center Employee's
Assoc, v. NLRC, GR No. 162053, March 7, 2007).
Why the preference for labor

over capital?
Comes from acknowledgement that capital
wields more power than labor;
(Sanchez v. Harry Lyons Construction Inc.,
GR No. L-2779, October 18, 1950).
There is greater supply than demand for labor;

Those who have less in life should have more in law;
and
The need for employment by labor comes from vital,
and even desperate necessity (survival)
To whom does the Labor Code

apply?
General Rule: The Code applies to all workers, whether agricultural or
non-agricultural, including employees in a government corporation
incorporated under the corporation code;
Exceptions:
1. Government employees;
2. Employees of government Corporations created by special or
original charter;
3. Foreign governments;
4. International Agencies, employees of intergovernmental or
international organizations;
5. Corporate officers/Intra-corporate disputes which fall under PD 902A and now fall under the jurisdiction of, the Regular Courts pursuant
to the Securities Regulation Code; and
6. Local water districts except where NLRC jurisdiction is invoked.
Protection to labor should not

come at the expense of
oppressing capital!
Law recognizes management rights. The

employer has the right to
Conduct business;
Prescribe rules;
Select and hire employees;
Transfer or discharge employees;
Discipline of employees, and
Return of investment and expansion of business.
Management Prerogatives
(Rural Bank of Cantilan . v. Julve, GR No. 169750,

February 27, 2007).
Under the doctrine of management prerogative, every employer
has the inherent right to regulate, according to his own discretion
and judgment, all aspects of employment, including hiring, work"
assignments, working methods, the time, place and manner of
work, work supervision, transfer of employees, lay-off of workers,
and discipline, dismissal, and recall of employees
(Mendoza v. Rural Bank of Lucban, GR No. 155421, July 7,

2004).
Management prerogatives, however, are subject to limitations
provided by
law,
contract or collective bargaining agreements and
general principles of fair play and justice
Labor: Work Relationships

1. Employer - Employee Relationship
Employer and Employee, defined: Arts. 97 (a)
(b) (c), 167 (f), (g) (h), 212 (e), (f) note
difference in Labor Standards and Labor
Relations
Tests
Sy v. Court of Appeals, 398 SCRA 30 (2003)

Chavez v. NLRC, 448 SCRA 478 (2005)
Legend Hotel (Manila) v. Realuyo, 677 SCRA 10 (2012)
South East International Rattan, Inc. v. J.J. Coming,
G.R. No. 186621, 12 March 2014

1. Employer - Employee Relationship
Evidence of Employee Status
Bernard A. Tenazas, et al., v. R. Villegas Taxi
Transport, G.R. No. 192998, 2 April 2014
Burden of Proving Employer-Employee

Relationship
Bitoy Javier v. Fly Ace Corporation, 666 SCRA 382
Piercing the Veil of Corporate Entity

Pamplona Plantation Co., Inc. v. Tinghil, 450 SCRA
421 (2005)
Sarona v. NLRC, et al., 663 SCRA 394 (2012)

2. Independent Contractor and Labor-only
Contractor
References: Art. 106-107, 109; DO No. 3, May
2001; DO No. 14, 18 December 2001 (Re:
Employment of Security Guards), Sec. 8; DO No.
18-02, S 2002; DO No. 18-A, Series of 2011
Requirements for Independent Contractor;
Trilateral Relationship, DO No. 18-A, Sec. 3(m),
Sec 5
Sonza v. ABS-CBN Broadcasting Corp., 431 SCRA 381
(2004)
San Miguel Corp. v. Semillano, 623 SCRA 114 (2010)

2. Independent Contractor and Labor-only
Contractor
Labor Contractor Only; Requisites and Prohibition
Polyfoam-RGC International Corp. v. Edgardo Concepcion,
672 SCRA 148 (2012)
Norkis Trading Corp. v. Buenavista, et al., 643 SCRA 406
(2012)
Solidary Liability of Indirect Employer/Direct

Employer, DO No. 18-A-11, Sec. 27
Eparwa Security and Janitorial Services, Inc. v. Liceo de
Cagayan University, 508 SCRA 370 (2007)
Benigno M. Vigilla, et al. v. Philippine College of Criminology,
Inc. and/or Gregory Alan F. Bautista, 698 SCRA 247 (2013)
Labor Standards
Scope & Description
The Philippine Labor Code

Labor Code
Content
Pre-Employment
Regulations on Overseas
Employment
The POEA
Recruitment and Placement of
Workers outside the Phils.
Employment of Non-resident
aliens
Human Resource Development
The Governments National

Manpower Development Plan
Training of special workers
The Philippine Labor Code

Labor Code
Content
Conditions of Employment
Working periods and rest periods

Wages and manner of payment
Working conditions for special
groups of employees
Health, Safety and Social Welfare

Benefits
Occupational Safety and Health

Medical and Dental Care
Assistance through State
Insurance
Pre-Employment
State Policies
Local Recruitment
Overseas Employment
Government Regulations on Recruitment
State Policy on
Employment
Article 12, Labor Code

Promote and maintain a state of full employment
through improved manpower training, allocation
and utilization;
Protect every citizen by securing for him the best
possible terms and condition of employment;
Facilitate a free choice of available employment
by persons seeking work in conformity with the
national interest;
Facilitate and regulate the movement of workers
in conformity with the national interest;
State Policy on
Employment
Article 12, Labor Code

Regulate the employment of aliens, including the
establishment of a registration and/or permit
system;
Strengthen the network of public employment
offices and rationalize the participation of the
private sector in the recruitment and placement
of workers, locally and overseas to serve national
development objectives; and
Insure careful selection of Filipino workers for
overseas employment in order to protect the good
name of the Philippines abroad.
Recruitment
For local employment:

Article 13(b) of theLabor Code, defines recruitment
and placement as any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring
workers, and includes referrals, contract services,
promising or advertising for employment, locally or
abroad, whether for profit or not; Provided, That any
person or entity which, in any manner, offers or
promises for a fee employment to two or more persons
shall be deemed engaged in recruitment and
placement.
For overseas employment: Art. 35; RA 8042,

Secs. 6, 7 &10, as amended by RA 10022
Entities Authorized to Engage in

Recruitment
Reference: Arts. 16, 25, 18, 12 (f); 2002 POEA Rules and
Regulations, Part I, Rule II, Sec. 1
Public employment offices;
POEA;
Private recruitment entities;
Private (fee-charging) employment agencies;
Shipping or manning agents or representatives;
Construction contractors if authorized by the DOLE and the
Construction Industry Authority of the Philippines
Members of the diplomatic- corps (through POEA);
Other persons or entities authorized by the SOLE; and
Name hirees.
Direct Hiring for overseas employment is not allowed (Article 18, LC)
Entities prohibited from

recruitment
References: Arts. 16, 18, 25, 26; 2002 POEA
Rules and Regulations, Part I, Rule II, Sec. 2
Case Review: Hornales v. NLRC, 364 SCRA
778 (2001)
See how NLRC misappreciated JEACs business

(travel agency vs. recruitment agency)
Employment Abroad
Overseas Filipino Worker a person who is to be
engaged, is engaged or has been engaged in a
remunerated activity in a state of which he or she
is not a citizen or on board a vessel navigating
the foreign seas other than a government ship
used for military or non-commercial purposes or
on an installation located offshore or on the high
seas, to be used interchangeably with migrant
worker. (RA 8042 as amended by RA 10022)
Seaman - any person employed in a vessel
engaged in maritime navigation.
Employment Abroad
Overseas Employment - employment of a worker

outside the Philippines covered by a valid contract.
(POEA Rules and Regulations Governing the
Recruitment and Employment of Land Based
Overseas Workers, Feb. 4, 2002).
Note: A person to be engaged in a remunerated activity
refers to an applicant worker who has been promised or
assured of employment overseas and acting on such promise
or assurance sustains damage and/or injury.
Emigrant any person, worker or otherwise, who

emigrates to a foreign country by virtue of an
immigrant visa or resident permit or its equivalent in
the country of destination.
The POEA
Philippine Overseas Employment
Administration assumes functions of OEDB
& NSB
Principal Functions:
Formulation, implementation, and monitoring of

overseas employment of Filipino workers;
Protection of worker rights to fair and equitable
employment practices
Deployment of Filipino workers through
government-to-government hiring.
The POEA
Salient Regulatory Functions

Regulate private sector participation in the
recruitment and overseas placement of workers;
Formulate and implement a system for promoting
and monitoring the overseas employment of
Filipino workers, considering worker welfare and
the domestic manpower requirements;
Inform migrant workers of their rights as workers
and also as human beings;
The POEA
Salient Regulatory Functions

Instruct and guide the workers how to assert their
rights and provide the available mechanism to
redress violation of their rights;
Service the requirements for trained and
competent Filipino workers of foreign
governments and their instrumentalities, and
such other employers as public interest may
require;
The POEA
Deployment of workers shall be sanctioned

by the POEA only Where the Philippines has concluded Bilateral
labor agreements or arrangements;
When an accommodating state observes and/or
complies with the international laws and
standards for migrant workers;
Where there is a guarantee from the
accommodating state to protect the rights of
Filipino migrant workers.
The POEA
Adjudicatory Functions
Administrative cases involving violations of licensing
rules and regulations and registration of recruitment
and employment agencies or entities;
POEA has the power to:
Suspend or cancel license; and
Order the refund or reimbursement of such illegally
collected fees (Eastern Assurance and Surety Corp. v.
Sec. of Labor, GR Nos. 79436-50, January 17, 1990)
Disciplinary action cases and other special cases

which are administrative in character, involving
employers, principals, contracting partners and
Filipino migrant workers.
Other General Provisions
Mandatory Remittance (Article 22)

Exceptions
Filipino servicemen working in U.S. military
Installations;
Where the worker's immediate family members,
dependents, or beneficiaries are residing with him
abroad; and
Immigrants and
Filipino professionals and employees working with
United Nations agencies or specialized bodies
(Resolution No. 1-83, Inter-Agency Committee for
Implementation of E.G. 857).
What if an OFW fails/refuses to

remit?
Worker shall be suspended or excluded from

the list of eligible workers for overseas
employment. Subsequent violations shall
warrant his repatriation.
Employers who fail to comply shall be excluded
from the overseas employment program.
Private employment agencies or entities shall
face cancellation or revocation of their licenses
or authority to recruit, without prejudice to
other liabilities under existing laws and
regulations
Regulation of Private
Recruitment
Licensing:
Qualifications, Arts. 27, 28; 2002 POEA

Rules and Regulations, Part II, Rule I, Sec.
1 (a) (b)
Issuance of License, Arts. 29, 30, 31;
2002 POEA Rules and Regulations, Part II,
Rule II, Secs. 4, 5, 6, 7, 8, 9
Recruitment and Placement

Agencies (private)
Art. 27, LC: Filipino citizens, or
Corporations, partnerships or entities at
least 75% of the authorized and voting
capital stock of which is owned and
controlled by Filipino citizens.
Art. 28, LC:
Private employment agency for local employment

For single proprietorship or partnership minimum
net worth of two (2) hundred thousand pesos.
For corporations a minimum paid up capital of five
(5) hundred thousand pesos.
Recruitment and Placement

Agencies (private)
Art. 28, LC:

Private recruitment or manning agency for overseas
employment
For single proprietorship or partnership minimum
capitalization of two (2) million pesos.
For corporations minimum paid up capital of two (2) million
pesos;
increase capitalization or paid-up capital to two (2) million pesos at
the rate of two hundred fifty thousand pesos (P250,000) every
year.
Those not otherwise disqualified by law or other

government regulations to engage in the
recruitment and placement of workers for overseas
employment.
Entities disqualified from

participating as a recruitment
entity
Officials or employees of the DOLE or other

government agencies directly involved in
overseas employment program and their
relatives within the 4th degree of
consanguinity or affinity;
Travel agencies and sales agencies of airline
companies (Art. 26, LC).

entity
Officers or members of the board of any

corporation or members in a partnership
engaged in the business of a travel agency;
Corporations and partnerships, when any of
its officers, members of the board, or
partners, is also an officer, member of the
board, or partner of a corporation or
partnership engaged in the business of a
travel agency (interlocking officers);

entity
Persons, partnerships or corporations which

have derogatory records
Those whose Licenses have been previously
cancelled or revoked (Sec. 2, Rule I, 2002
Rules and Regulations on the Recruitment
and Employment of Land-Based Workers).
License or Authority:
Limitations
Used only by the person or entity in whose

favor it was issued;
Used only in the Place stated in the license.
Recruitment and placement must be
undertaken at their authorized official
addresses.
Provincial recruitment and/or job fairs may be
allowed only when authorized by POEA in
writing.
- ART. 29, Labor Code.
Recruitment Agencies, Bond

All applicants for license or authority shall
post such cash and surety bonds as
determined by the Secretary of Labor,
including escrow deposits.
- ART. 31: BONDS
Purpose of Bond:
To guarantee compliance with prescribed

recruitment procedures, rules and regulations,
and terms and conditions of employment;
The surety bond required of recruitment agenciesis

intended for the protection of our citizens who are engaged
for overseas employment by foreign companies. The
purpose is to insure that if the rights of these
overseas workers are violated by their employers,
recourse would still be available to them against the
local companies that recruited them for the foreign
principal. The foreign principal is outside the jurisdiction of
our courts and would probably have no properties in this
country against which an adverse judgment can be
enforced. This difficulty is corrected by the bond, which can
be proceeded against to satisfy that judgment.
(STRONGHOLD INSURANCE COMPANY, INC. vs. CA and
ADRIANO URTESUELA, G.R. No. 88050, January 30, 1992)
Exemption from Garnishment

Cash bond filed by applicants for license or authority is
not subject to garnishment by a judgment creditor of
the agency.
Should the bond/deposit in escrow or any part thereof
be garnished, the same should be replenished by the
agency within 15 days from notice from the POEA.
Failure to replenish the same within the said period
shall cause the suspension of the license (Sec. 22, Rule
II, Book II, Rules and Regulations on the Recruitment
and Employment of Land-based Workers).
POEA has the power to enforce liability under

cash or surety bonds.
Solidary Liability of Recruitment

Agencies
The recruitment agency is SOLIDARILY LIABLE with the

foreign principal for unpaid salaries of a worker it recruited.
Before recruiting, the agency is required to submit a
document containing its power to sue and be sued jointly
and solidarily with the principal or foreign-based employer
for any of the violations of the recruitment agreement, and
the contracts of employment (Sec. 10, Rule V, Book I,
Implementing Regulations of LC).
The recruitment agency may still be sued even if agency

agreement between recruitment agency and principal is
already severed if no notice of the termination was given to
the employee based on Art. 1921 of the New Civil Code
(Catan v. NLRC, GR No. 77297, April 15, 1988).
Solidary Liability of Recruitment

Agencies
Exemption: Where the workers themselves insisted for

the recruitment agency to send them back to their
foreign employer despite their knowledge of its
inability to pay their wages, the Court absolved the
agency from liability (Feagle Construction Corp. v.
Gayda, GR No. 82310, June 18, 1990).
Contract by Principal: Even if it was the principal of

the manning agency who entered into contract with
the employee, the manning agent in the Philippines is
jointly and solidarily liable with the principal (Seagull
Maritime Corp. v. Balatongan, GR Nos. 83635-53,
February 28, 1989).
What fees will a worker pay,

and when?
Sagun v. Sunace International Management
Services, Inc., 644 SCRA 1717 (2011)
ART. 32, LC
Charging of fees only after employment obtained or

actual commencement of employment.
All fees paid shall be covered with appropriate receipt.
POEAs authority in case of illegally collected fees:

Suspend or cancel license; and
Order the refund or reimbursement of such illegally
collected fees (Eastern Assurance and Surety Corp. v. Sec.
of Labor, GR Nos. 79436-50, January 17, 1990).
Reports/Employment Information, Arts. 33, 14 (d)
What fees will a worker pay,

and when?
Placement fees cannot be collected from a hired
worker until he has signed the employment
contract and shall be covered by receipts clearly
showing the amount paid (Sec. 2[a], Rule V, Book
II, Rules and Regulations Governing Overseas
Employment).
Manning agencies shall not charge any fee from
seafarer-applicants for its recruitment and
placement services.
No other fees or charges including
processing fees shall be imposed against any
worker.
Recruitment
Enforcement
Regulatory Power, Art. 36
Rule-Making Power, Art. 36
Visitorial Power, Art. 37
POEA Standard Employment Contract

Wallen Maritime Services, Inc. v. Ernesto C. Tanawan, 679 SCRA
255 (2012)
Liberal Construction (consistent with Art. 4, LC)
Terms and Conditions
Abante v. KJGS Fleet Management, Manila, 67 SCRA 734 (2009)
Joint and Several Liability of Agent and Principal, POEA

Rules, Part II, Rule II, Sec. 1 (f); RA 8042, Sec. 10, 2 nd,
3rd, 4th, 5th pars. as amended
Recruitment Agencies, Suspension,

Cancellation, Revocation
Suspension or Cancellation
Prohibited acts (Art. 34);
Charging a fee before the worker is employed or
in excess of the authorized amount;
Recruitment activities in places outside the
authorized area;
Deploying workers without processing through
the POEA; and
Advertisements (job announcements) without
POEA's prior approval (Sec.4, Rule II, Book IV,
POEA Rules).
Recruitment Agencies, Suspension,

Cancellation, Revocation
Grounds for Revocation of License

Accumulated three counts of suspension by an
agency based on final and executory orders within
the validity period of its license;
Violation of the conditions of license;
Engaging in acts of misrepresentation for the
purpose of securing a license or renewal thereof; and
Engaging in the recruitment or placement of workers
to jobs harmful to the public health or morality or to
the dignity of the Republic of the Philippines (Sec.3,
Rule I, Book VI, Rules and Regulations Governing
Overseas Employment).
Recruitment
Illegal Recruitment, Arts. 34, 38; RA 8042, Sec. 6 &

7 as amended, 8, 9, 10 as amended, 11, 12
Hon. Patricia A. Sto. Tomas v. Rey Salac, et al., 685 Phil.
245 (2012)
Prohibited Practices
Stolt-Nielsen Transportation Group, Inc. & Chung Gai Ship
Mgmt. v. Sulpecio Medequillo, Jr., 663 SCRA 291 (2012)
People v. Espenilla, 667 SCRA 388 (2012)
People v. Bernadette Pansacala, 672 SCRA 549 (2012)
Undertaken by non-licensees, non-holders

Note: Salazar v. Achacoso, 183 SCRA 145 (1990) Art. 38
(c) was declared unconstitutional; only a judge may issue
warrants of search and arrest.
Illegal Recruitment
Any act of canvassing, enlisting, contracting, transporting,

utilizing, hiring, or procuring workers and includes
referring, contract services, promising or advertising for
employment abroad, whether for profit or not, when
undertaken by a non-licensee or non-holder of authority
contemplated under Article 13(f) of Presidential Decree
No. 442, as amended, otherwise known as the Labor Code
of the Philippines. Provided, that any such non-licensee or
non-holder who, in any manner, offers or promises for a
fee employment abroad to two or more persons shall be
deemed so engaged.
Includes prohibited acts under Article 34, LC, whether
committed by any person, whether a non-licensee,
nonholder, licensee or holder of authority.
Illegal Recruitment
Other Acts of Illegal Recruitment
Failure to actually deploy without valid reason as
determined by DOLE;
Failure to reimburse expenses incurred by the
worker in connection with his documentation and
processing for purposes of deployment, in cases
where the deployment does not actually take place
without the worker's fault; and
Recruitment and placement activities of agents or
representatives appointed by a licensee, whose
appointments were not previously authorized by
the POEA.
Illegal Recruitment,
Elements
1.
2.
The offender is a licensee/non-licensee or

holder/non-holder of authority engaged in
the recruitment and placement of workers;
and
The offender undertakes either any
recruitment activities defined under Article
13 (b), or any prohibited practices
enumerated under Art. 34 (People v.
Sadiosa, GR No. 107084, May 15, 1998;
Sec. 10, R.A. 8042).
Illegal Recruitment as an Offense

Involving Economic Sabotage
Qualifying Circumstances
When illegal recruitment is committed by a SYNDICATE, i.e., if it
is carried out by three (3) or more persons conspiring and/or
confederating with one another; or
When illegal recruitment is committed in a LARGE SCALE, i.e., if
it is committed against three (3) or more persons individually or
as a group.
Persons convicted will suffer the following

sanctions
Automatic revocation of the license or authority (Art. 39[e], LC);
Forfeiture of the cash and surety bonds (Art. 39[e], LC); and
Conviction of the crime of estafa, if found guilty thereof (People
v. Calonzo, GR Nos. 115150-55, September 27, 1996).
Why distinguish Illegal

Recruitment?
Because of distinctions as to:

Prescriptive Period
Penalties
Simple
Economic
Sabotage
Prescriptive
Period
5 Years
20 Years
Imprisonment
Reclusion Temporal
Life imprisonment
Fine
Up to P2,000,000
Up to P5,000,000
Pp. vs. Tuguinay

RTC Br. 60, Baguio City
three elements of illegal recruitment in large scale
a) the offender has no valid license or authority required

by law to enable him to lawfully engage in recruitment
and placement of workers;
b) the offender undertakes any of the activities within the
meaning of recruitment and placement under Article
13(b) of the Labor Code, or any of the prohibited practices
enumerated under Article 34 of the said Code (now
Section 6 of Republic Act No. 8042); and
c) the offender committed the same against three or
more persons, individually or as a group, are present in
this case.
Pp. vs. Tuguinay
The two elements of estafa

that the accused defrauded another by abuse of
confidence or by means of deceit, and
that damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
person. The prosecution evidence duly proved
that due to the appellants false representations
of overseas jobs, the complainants paid
placement fees to the appellant who failed to
secure the promised overseas jobs.
Recruitment Agencies,
Prohibited Acts
1.
2.
3.
4.
5.
Charge greater amount than that specified in the

schedule of allowable fees;
Furnish any false information in relation to recruitment
or employment;
Give any false notice, testimony etc. or commit any act
of misrepresentation to secure a license or authority;
Induce or attempt to induce a worker to quit his job in
lieu of another offer unless it is designed to liberate the
worker from oppressive terms of employment;
Influence or attempt to influence any person or entity
not to employ any worker who has not applied for
employment through his agency;
Recruitment Agencies,
Prohibited Acts
6.
7.
8.
9.
10.
11.
Engage in recruitment or placement of jobs harmful to

public health, morality or to the dignity of the Philippines;
Obstruct or attempt to obstruct inspection by the Labor
Secretary or his authorized representatives;
Fail to file reports, on the status of employment,
placement etc. and such other matters as may be
required by the SOLE;
Substitute
or alter employment contracts without
the approval of the Secretary of Labor;
Become an officer or member of the Board of any
corporation engaged in the management of a travel
agency;
Withhold travel documents from applicant workers before
departure for unauthorized monetary considerations.
Jurisdiction
RTC over Criminal Action arising from Illegal
Recruitment, RA No. 8042, Sec. 9
LA over Money Claims, RA 8042, Sec. 10, as amended
Flourish Maritime Shipping v. Almanzor, 568 SCRA 713
(2008)
Poseidon International Maritime Services, Inc. v. Tito R.
Tamala, Felipe S. Saurin, Jr., Artemio A. Bo-oc and Joel
S. Fernandez, 700 SCRA 1(2013)
Serrano v. Gallant Maritime Services, Inc., 582 SCRA 254
(2009)
Pert/CPM Manpower Exponent Co., Inc. v. Vinuya, et al.,
680 SCRA 284 (2012)
Jurisdiction
POEA over Administrative Cases
a) Pre-employment Cases, Omnibus Rules
Implementing RA No. 8042, Sec. 28 (a)
b) Disciplinary Cases, Sec. 28 (b)
Eastern Mediterranean Maritime Ltd. & Agemar Manning

Agency, Inc. v. Estanislao Surio, et al., 679 SCRA 305 (2012)
Public Sector Agencies Employment Offices, Art. 12 (f); 14
(a); E.O. 247, Sec. 3 (Reorganizing POEA); POEA Rules and
Regulations
Sanctions
Local Employment, Art. 39
Overseas Employment, Art. 35; RA 8042, Secs. 6, 7
&10 as amended
Alien Employment
AEP
Requirements
Grounds for suspension,
cancellation
Alien Employment
References: Arts. 12 (e), 40-42; Omnibus
Rules, Book I, Rule XIV; DO No. 97-09, S. 2009;
DO No. 120-12, S. 2012; Const., Art. XII, Sec. 12
Cases:
Almodiel v. NLRC, 223 SCRA 341 (1993) Coverage; Exemption, Art. 40; D.O. No. 97-09,
Secs. 1, 2
General Milling Corp. v. Torres, 196 SCRA 215
(1991)
Pacific Consultants International Asia, Inc. v.
Schonfeld, 516 SCRA 209 (2007)
Alien Employment Permit
An Alien
Employment Permit
is a document
issued by the
Department of
Labor and
Employment which
authorizes a foreign
national to work in
the Philippines.
Alien Employment
Permit required for entry of aliens into the country
for employment purposes, subject to Non-availability
of any person in the Philippines who is competent,
able and willing at the time of the application to
perform the services for which the alien is desired,
including:
All foreign nationals seeking admission to the
Philippines for the purpose of employment
All NON-RESIDENT foreign nationals already
working in the Philippines. Immigrants and
resident aliens are not required to secure a working
permit. Instead, they need to secure an Alien
Employment Registration Certificate (AERC)
Alien Employment
Non-resident foreign nationals admitted to the
Philippines on non-working visas and who wish to seek
employment, and
Missionaries of religious workers who intend to engage
in gainful employment
Foreign professionals who are allowed to practice their
profession in the Philippines under reciprocity and other
international agreements and in consultancy services
pursuant to Section 7(j) of the PRC Modernization Act of
2000.
Holders of Special Investors Resident Visa (SIRV),
Special Retirees Resident Visa (SRRV), Treaty Traders
Visa (9d) or Special Non-Immigrant Visa (47(a)2) for as
long as they occupy any executive, advisory,
supervisory, or technical position in any establishment.
AEP, Basis for Issuance

Basis for issuance
Compliance by the applicant or employer or
the foreign national with the substantive and
documentary requirements.
Determination of the DOLE Secretary that
there is no available Filipino national who is
competent, able and willing to do the job for
the employer.
Assessment of the DOLE Secretary that the
employment of the foreign national will
redound to national benefit.
AEP, When Unnecessary

All members of diplomatic service and foreign
government officials accredited by and with
reciprocity arrangement with the Philippine
government;
Officers and staff of international organizations
of which the Philippines is a cooperating
member, and their legitimate spouses desiring
to work in the Philippines;
Foreign nationals elected as members of the
Governing Board who do not occupy any other
position, but have only voting rights in the
corporation;

All foreign nationals granted exemption by law;
Foreign nationals who come to the Philippines
to teach, present and/or conduct Foreign
nationals who come to the Philippines to teach,
present and/or conduct research studies in
universities and colleges as visiting, exchange
or adjunct professors under formal agreements
between the universities or colleges in the
Philippines and foreign universities or colleges;
or between the Philippine government and
foreign government; provided that the
exemption is on a reciprocal basis;

Owners and representatives of foreign
nationals whose companies are accredited by
the POEA who come to the Philippines for a
limited period and solely for the purpose of
interviewing Filipino applicants for
employment abroad;
Resident foreign nationals and temporary or
probationary resident visa holders employed
or seeking employment in the Philippines.
AEP, Validity
One year or
Co-terminus with the duration of employment,
consultancy services or other modes of employment
or term of office, which in no case shall exceed five
years. Said AEP is valid for the position/s and
company for which it was issued.
In case of assignment in the companys subsidiaries,
branch offices and joint ventures and those assigned
in the headquarters with oversight function in any of
the branch offices, operation or projects in the
country, one AEP shall be required and valid for all
the said assignments irrespective of their place/s.
Grounds for the denial of AEP

Misrepresentation of facts in the
application;
Submission of falsified documents;
Derogatory record of foreign national;
Availability of a Filipino who is competent,
able and willing to do the job intended for
the foreign national.
Grounds for suspension of AEP

The continued stay of the foreign national
may result in damage to the interest of the
industry or the country;
The employment of the foreign national is
suspended by the employer or by order of
the Court.
Grounds for
revocation/cancellation of AEP
Non-compliance with any of the requirements or
conditions for which the AEP was issued;
Misrepresentation of facts in the application;
Submission of falsified or tampered documents;
Meritorious objection or information against the
employment of the foreign national as
determined by the Regional Director;
Foreign national has a derogatory record; or
Employer terminated the employment of the
foreign national.
Appeal and Penalties

Appeal maybe filed by any aggrieved party
with the Secretary of Labor and Employment
within 10 days after receipt of the Order of
denial/cancellation or revocation.
If a foreign national is found to have worked
without or with expired AEP prior to
application, a penalty of Ten Thousand Pesos
(P10,000.00) shall be imposed for working
without an AEP for one (1) year or fraction
thereof.
Human Resource
Development
The TESDA
Training and Development of
Special Workers
The TESDA
Read Articles 43-56, Labor Code
The Technical Education and Skills
Development Authority (TESDA) was created
under R.A 7796 and replaced the NMYC.
Statement of Goals and Objectives
a. To attain international competitiveness;

b. To meet demands for quality middle-level manpower;
c. To disseminate scientific and technical knowledge
base;
d. To recognize and encourage the complementary roles
of public and private institutions; and
e. To inculcate desirable values.
Middle-Level Manpower
refers to those:
Who have acquired practical skills and knowledge
through formal or non-formal education and
training equivalent to at least a secondary
education but preferably a post-secondary
education with a corresponding degree or
diploma;
Skilled workers who have become highly
competent in their trade or craft as attested by
industry.
Special Workers
Types of Special Workers

Apprentice
Learner
Handicapped
Objectives for Training and Employment

To help meet the demand of the economy for trained
manpower;
To establish a national apprenticeship program;
and
To establish apprenticeship standards for the
protection of apprentices.
Key Terms, defined.
Apprenticeship - practical training on the job

supplemented by related theoretical instruction,
for a highly skilled or technical occupation for a
period of not less than three months but not more
than six months.
Apprentice - a worker who is covered by a
written apprenticeship agreement with an
individual employer or any of the entities
recognized under this chapter, with an
apprenticeship program duly approved by the
DOLE.
Apprenticeable Occupation - any trade, form
of employment or occupation which requires
more than 3 months of practical training on the
Key Terms, defined.

Apprenticeship Agreement an employment
contract wherein the employer binds himself to
train the apprentice and the apprentice in turn
accepts the terms of training.
On-the-job-training practical work experience
through actual participation in productive
activities given to or acquired by an apprentice.
Highly Technical Industries a trade,
business, enterprise, industry or other activity
which is engaged in the application of advanced
technology.
Apprentice, qualifications.
At least 15 years of age (as amended by Sec.

12, RA 7610), provided that if below 18 years,
he shall not be eligible for hazardous
occupations.
Physically fit for the occupation in which he
desires to be trained;
Possess vocational aptitude and capacity for
the particular occupation as established
through appropriate tests; and
Possess the ability to comprehend and follow
oral and written instructions.
Apprentice, qualifications.
Total physical fitness is not required of an
apprentice-applicant unless it is essential to
the expeditious and effective learning of the
occupation. Only physical defects which
constitute real impediments to effective
performance as determined by the plant
apprenticeship^ committee may disqualify
an applicant. (Sec 13, Rule VI, Book II, Rules
implementing the Labor Code)

Employment of
Apprentices
Employer may employ apprentices

when
They are classified as highly technical industries;
and
The task to be performed is an apprenticeable
occupation as determined by the Secretary of
Labor.
Requisites for a Valid

Apprenticeship
Qualified under Article 59;
Apprentice earns not less than 75% of the prescribed
minimum salary; (Sec 13, Rule VI, Book II, Rules
Implementing the Labor Code)
Apprenticeship agreement duly executed and signed;
Apprenticeship program must be approved by the
Secretary of Labor; otherwise, the apprentice shall be
deemed a regular employee (Century Canning vs. CA &
Gloria Palad GR No. 2007, citing Nitto Enterprises v.
NLRC, GR No. 114337, September 29, 1995); and
Period of apprenticeship shall not exceed six (6) months
(Sec. 19, Rule VI, Book II, Rules Implementing the Labor
Code).
Apprenticeship Agreement
Content
Full name and address of the contracting parties;
Date of birth of the apprentice;
Name of trade, occupation or job in which the
apprentice shall be trained and the dates on
which such training will begin and will proximately
end;
Approximate number of hours of on-the-job
training with compulsory theoretical instructions
which the apprentice shall undergo during his
training;
Apprenticeship Agreement
Content
Schedule of the work processes of the trade/
occupation in which the apprentice shall be trained &
the approximate time to be spent on the job in each
process;
Graduated scale of wages to be paid to the
apprentice;
Probationary period of the apprentice during which
either party may summarily terminate their
agreement; and
An Apprenticeship Transfer Clause (Sec. 18, Rule VI,
Book II, Rules Implementing the Labor Code).
Apprenticeship Program,
venue
Within the sponsoring firm, establishment or
entity; OR
Within a DOLE training center or other
public training institutions; OR
Initial training in trade fundamentals in a
training center or other institutions with
subsequent actual work participation within
the sponsoring firm or entity during the final
stage of training.
Violations, Apprenticeship
Agreements
Investigation of Violation of
Apprenticeship Agreement (Art. 65)
Either party to an agreement may terminate the
same after the probationary period only for a
valid cause.
Action may be initiated upon complaint of any
interested person or upon DOLE'S own initiative.
Valid Causes to Terminate

Apprenticeship Agreements
By the employer
Habitual absenteeism in on-the-job training and related
theoretical instructions;
Willful disobedience of company rules or insubordination to
lawful order of a superior:
Poor physical condition, permanent disability or prolonged
illness which incapacitates the apprentice from working;
Theft or malicious destruction of company property and/or
equipment;
Poor efficiency or performance on the job or in the
classroom for a prolonged period despite warnings duly
given to the apprentice; and
Engaging in violence or other forms of gross misconduct
inside the employer's premises.
Valid Causes to Terminate

Apprenticeship Agreements
By the apprentice
Substandard or deleterious working conditions
within the employer's premises:
Repeated violations by the employer of the terms
of the apprenticeship agreement;
Cruel or inhumane treatment by the employer or
his subordinates;
Personal problems which in the opinion of the
apprentice shall prevent him from a satisfactory
performance of his job; and
Bad health or continuing illness. (Sec 25, Rule VI,
Book II, Rules Implementing the Labor Code)
Appeal & EAR
Appeal (Art. 66)

The decision of an authorized agency of the Department of
Labor may be appealed to the Secretary of Labor, within 5
days from receipt of the adverse decision.
The decision of the Secretary of Labor shall be final and
executory.
Exhaustion of Administrative Remedies (Art.

67)
The exhaustion of administrative remedies is a condition
precedent to the institution of action.
The plant apprenticeship committee shall have initial
responsibility for settling differences arising out of
apprenticeship agreements (Sec. 32b, Rule VI, Book II, Rules
Implementing the Labor Code).
Organization of Apprenticeship
Programs
ART. 70: The organization of apprenticeship program shall be
primarily a voluntary undertaking of employers, except as
provided for in Article 72.
Exceptions: (Art. 72)
When grave national emergencies, particularly those involving
the security of the state, arise or particular requirements of
economic development so demand, the Secretary of Labor and
Employment may recommend to the President of the Philippines
the compulsory training of apprentices required in certain trades,
occupations, jobs, or employment levels where shortage of
trained manpower is deemed critical.
Where services of foreign technicians are utilized by private
companies in apprenticeable trades said companies are required
to set up appropriate apprenticeship programs. (Sec. 41, Rule VI,
Book II, Rules Implementing the Labor Code)
Employer Privileges
An additional deduction from taxable income of

1/2 of the value of labor training expenses
incurred for developing the productivity and
efficiency of apprentices are granted to the
person or enterprise organizing an
apprenticeship program, provided
Apprenticeship program must be duly recognized by
the Department of Labor;
Deduction shall not exceed 10% of direct labor wage,
and
Employer must pay his apprentices the minimum
wage.
Apprentices without
compensation
Required by the school;
Required by the training program
Curriculum;
A requisite for graduation; or
A requisite for board examination. (Sec.
40, Rule VI, Book II, Rules Implementing
the Labor Code)
Apprentices without
compensation
Rules on Working Scholar
There is NO employer-employee relationship where there is
agreement between them
The agreement shows that the student/scholar agrees to
work for the college/university in exchange for the privilege
to study free of charge,
provided the students are given real opportunities, including
such facilities as may be reasonable and necessary to finish
their chosen courses under such agreement
The student/scholar is not considered an employee. But if he
causes injury or damage to a third person, the school may
be held liable under Art. 2180 of the Civil Code (Filamer
Christian Institute v. IAC, GR No. 75112, August 17, 1992).
Apprenticeship agreement;
validity.
Atlanta Industries, Inc. and/or Robert Chan vs.

Aprilito R. Sebolino, et al., G.R. No. 187320, Jan.
2011. The apprenticeship agreements did not indicate the
trade or occupation in which the apprentice would be
trained; neither was the apprenticeship program approved
by the Technical Education and Skills Development
Authority (TESDA). These were defective as they were
executed in violation of the law and the rules. Moreover,
with the expiration of the first agreement and the retention
of the employees, the employer, to all intents and
purposes, recognized the completion of their training and
their acquisition of a regular employee status. To foist upon
them the second apprenticeship agreement for a second
skill which was not even mentioned in the agreement itself,
is a violation of the Labor Codes implementing rules and is
an act manifestly unfair to the employees.
Learners
Learners - persons hired as trainees in
semiskilled and other industrial occupations
which are non-apprenticeable and which
may be learned through practical training
on the job in a relatively short period of
time which shall not exceed 3 months.
Learnership Agreement - employment
and training contract entered into between
the employer and the learner.
No requirement for theoretical instruction
When Learners May be

Hired
No experienced workers are available;
The employment of learners being necessary to
prevent curtailment of employment opportunities;
and
The employment will neither create unfair
competition in terms of labor costs nor impair
working standards.
Employment of minors as learners
A minor below fifteen (15) years of age shall not be
eligible for employment as a learner. Those below
eighteen (18) years of age may only be employed in
non-hazardous occupations.
Learnership Agreement
It shall include:
The names and addresses of the employer and the learner;
The occupation to be learned and the duration of the
training period which shall not exceed three (3) months;
The wage of learner which shall be at least 75% of the
applicable minimum wage; and
A commitment to employ the learner, if he so desires, as a
regular employee upon completion of training.
A learner who has worked during the first two

months shall be deemed a regular employee if
training is terminated by the employer before the
end of the stipulated period through no fault of the
learner
Distinctions
Apprenticeship
Learnership
Duration
Not less than 3 months practical training on

the job but not more than 6 months
Practical training on the job not to exceed 3 months
Concept
Practical training on the job supplemented by

related theoretical instruction
Hiring of persons as trainees in semi-skilled and

other industrial occupations which are nonapprenticeable and which may be learned through
practical training on the job in a relatively short
period of time
ERs Commitment to Hire

With a commitment to employ the learner as regular
employee if he desires upon completion of
learnership
No commitment to hire
Effect of Pretermination
Worker is not considered an employee
Learner is considered regular employee after 2

months of training and dismissal is without fault of
learner
Focus of Training
Highly-skilled or technical industries and in
Semi-skilled/industrial occupation (nonindustrial occupation
apprentriceable)
Approval
Requires DOLE approval for validity
Not required
Exhaustion of Administrative in case of Breach of Contract
Precondition for filing action
Not required
Persons With Disabilities

(Handicapped)
References: ILO Convention 159 (1983);

Arts. 78-81; RA 7277, as amended by RA
9442, and further amended by RA 10070,
6 April 2010
PWD, key definitions (Sec. 4, RA

7277, as amended)
a.
b.
c.
Disabled Persons are those suffering from restriction of 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;
Impairment is any loss, diminution or aberration of psychological,
physiological, or anatomical structure of function;
Disabilityshall 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.
Handicaprefers to a disadvantage for a given individual resulting

from an impairment or a disability, that limits or prevents the
functions or activity, that is considered normal given the age and
sex of the individual;
State policies on PWD

Policy Declaration, RA 7277, Sec. 2
Coverage, RA 7277, Sec. 3
Rights and Privileges, RA 7277, Secs. 5, 6,
7
Bernardo v. NLRC & FEBTC, 310 SCRA 186
(1999)
e. Discrimination, RA 7277, Secs. 32, 33
f. Enforcement, Secs. 44, 45, 46
Conditions of
Employment
Hours of Work
Holidays and Special Days
Overtime
Premium Pay
Thirteenth Month Pay
Service Incentive Leave
Preliminary Discussions
Regulation; Rationale
Manila Terminal Co. Inc. v. CIR, 91 Phil. 625
(1952)
Conditions of employment are designed to

safeguard the health and welfare of the
laborer, and to minimize unemployment by
forcing employers to utilize different shifts of
laborers working only up to the maximum
number of working hours.
Employees Not Covered by

Provisions on Conditions of
Employment
Government Employees; Exemption, Const., Art. IX-B, Sec. 2 (1);

Rule 1, Sec. 2 (a)
Managerial Employees, Art. 82; Rule I, Sec. 2 (b), (c)
1.
2.
Field Personnel, Art. 82; Rule I, Sec. 2 (f)
3.
4.
5.
6.
7.
Asia Pacific Christening, Inc. v. Farolan, 393 SCRA 454 (2004)

Charlito Pearanda v. Baganga Plywood Corp., 489 SCRA 94 (2006)
Merdicar Fishing Corp. v. NLRC, 297 SCRA 440 (1998)
Auto Bus Transport Systems, Inc. v. Bautista, 458 SCRA 578 (2005)
Far East Agricultural Supply, Inc. v. Lebatique, 515 SCRA 491 (2007)
Dependent Family Members

Domestic Workers; Exemption on Assignment, Arts. 82, 141,
145; Rule I, Sec. 2 (d); RA 10361 & IRR of RA 10361
Persons in the Personal Service of Another, Art. 82; Rule I, Sec.
2 (d)
Piece Workers, Rule I, Sec. 2 (e)
Labor Congress v. NLRC, 290 SCRA 509 (1998)
Definitions
Normal hours of work - Eight hours per work
day
Work day 24 consecutive-hour period
which commences from the time the
employee regularly starts to work
Work week a week consisting of 168
consecutive hours or 7 consecutive work
days beginning at the same hour and on the
same calendar day each calendar week.
Policies regarding hours of work

Reduction of eight-hour working day is not
prohibited, provided there is no reduction in
workers pay
Payment of wages of part-time workers
should be in proportion only to the hours
worked.
Management has the prerogative, whenever
exigencies of the service so require, to
change the working hours of its employees.
Policies regarding hours of work
Workdays may be reduced on account of

losses where the losses sought to be
prevented are caused by factors outside of
the employers control.
Allowed by the DOLE as it is more humane to
keep workers employed rather than cause the
outright termination of their services
Compressed Work Week &

Flexible Work Arrangements
Department Advisory no. 22 s. 2004

Department Advisory no. 2 s. 2009
Six-day work week may be compressed to five days
Subject to conditions imposed by the DOLE:
Employees voluntarily agree to work extended hours
No diminution in take-home pay and fringe benefits
Value of benefits that will accrue to the employees is more
than or at least commensurate with the overtime pay that
is due them
Work does not involve strenuous physical exertion and
with rest periods
Temporary arrangement only, as determined by DOLE
Compressed Work Week
Effect of reduction of workdays on wages

and allowances
The employer may deduct the wages and living
allowances corresponding to the days taken off
from the work week, in the absence of an
agreement specifically providing that a reduction
in the number of workdays will not adversely
affect the remuneration of the employees.
Situations Contemplated Within

Hours Worked
All time during which an employee is
required to be on duty or to be at the
employers premises or to be at a
prescribed workplace, and
All time during which an employee is
suffered or permitted to work

Hours Worked
Coffee breaks and rest periods of short duration
Waiting time, if waiting is integral part of
employees work, or he is engaged by employer
to wait
Sleeping while on duty, if work allows sleeping
without interrupting or prejudicing work, or when
there is an express agreement between
employer and employee
Employee is required to remain on call in the
employers premises that he cannot use the time
effectively and gainfully for his own purpose.

Hours Worked
Traveling
From home to work not compensable
Traveling that is all in a days work compensable
Travel away from home compensable
Seminars, training, meetings, lectures

Must be sanctioned by employer to be
compensable
CBA Negotiations or grievance meeting
Meal Period
One hour time off for regular meals

Not compensable, except if employee is required
to work while eating (even if employer pays for
meal)
If reduced to less than 20 minutes, considered as
a break; compensable
Employee may do anything he wants, and

leave premises provided he returns on time
Night Shift Differential and

Overtime Work
NSD: 10% of employees regular wage for
each hour of work performed between 10:00
PM and 6:00 AM the next day.
OT: Work rendered after normal eight hours of
work
Distinctions: When the work of an employee
falls at night time, the receipt of overtime pay
shall not preclude the right to receive night
differential pay. NSD is for work done at night,
OT is for work done beyond normal hours of
work.
OT, Definition of Terms

Premium pay additional compensation
required by law for work performed within 8
hours on non-working days such as rest
days and special days
Overtime pay additional compensation for
work performed beyond eight hours
Regular wage or basic salary means cash
wage only without deduction for facilities
provided by employer
OT, Computation
OT on ordinary day: Plus 25% of Basic Hourly

Rate (BHR)
OT on rest day or special day: Plus 30% of (BHR
during special holiday x1.3) (Article 93(a))
OT on rest day and special day: Plus 30% of
(BHR during special holiday x1.5) (Article 93(c))
OT on regular holiday: Plus 30% of (BHRx2)
(Article 94(b))
OT on rest day and regular holiday: Plus 30 of
(BHR x 2.6)
Offsetting of Undertime by
Overtime
If an employee work for only 7 hours on any
given day (under time assuming his regular
working period is eight hours daily), he
cannot be compelled to make up for his time
deficiency by requiring him to render work for
an additional one hour on another day.
Article 87 of the Labor Code, reads:
Article 87. Undertime not offset by
overtime.Undertime work on any particular
day shall not be offset by overtime work on
any other day. x x x
Offsetting of Undertime by
Overtime
Offsetting under-time against overtime

would deprive the employee of the
additional compensation for the overtime
work he has rendered. Undertime is
covered only by the regular hourly rate
whereas overtime is subject to additional
overtime rate. If the two are to be offset,
the employee loses overtime pay to which
he is entitled.
Emergency Overtime Work

As a general rule, employees may not be
compelled to work in excess of eight hours
or to render overtime work on any given
day against his will.
The exception to this rule is found in Article
89 of the Labor Code. Under the said article,
employees may be compelled to perform
overtime work.
Emergency Overtime Work
Country is at war or under any national or local

emergency;
Necessary to prevent loss of life or property, or in case of
imminent danger to public safety;
Urgent work to be performed on machines, etc., in order
to avoid serious loss or damage to theemployer;
Work is necessary to prevent loss or damage to
perishable goods;
Completion or continuation of work is necessary to
prevent serious obstruction or prejudice to the business;
or
Necessary to avail of favorable weather or environmental
conditions.
Managerial Employees not

Entitled to Overtime Pay
Article 82: The provisions of the Labor Code
on working conditions and rest periods shall
not apply to managerial employees. This
includes overtime pay for overtime work.
Supervisory employees are considered as
officers or members of the managerial staff
(for purposes of LABOR STANDARDS), and
hence are not entitled to overtime, rest day
and holiday pay. (
Natl Sugar Refineries Corp. vs. NLRC, G.R. N
o. 101761. March 24, 1993
).

Republic Act 9492 amended Section 26,
Chapter 7, Book I of EO 292, also known
as the Administrative Code of 1987,
declaring certain days (specific or
movable) as special or regular holidays;
RA 9849: Eidul Adha shall be celebrated as
a national holiday;

Regular Holidays
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
New Years Day

Maundy Thursday
Good Friday
Araw ng Kagitingan April 9
Labor Day May 1
Independence Day June 12
National Heroes Day Last Monday of August
Bonifacio Day - November 30
Christmas Day December 25
Rizal Day December 30
Eid al Fitr Movable
Eidl Adha Movable

Special (Non-Working) Days
Ninoy Aquino Day - August 21
All Saints Day November 1
Last Day of the Year December 31
Special Day (for all schools)

EDSA Revolution Anniversary February 25
Applicable Rules on Holiday Pay

Every employer covered by the Holiday Pay
Rule is entitled to his/her daily wage rate. This
means that the employee is entitled to 100%
of the daily wage rate, even if the worker did
not report for work, provided that the worker
is present or is on leave with pay on the work
day immediately preceding the holiday.
Covered employees on leave with pay on the
day prior to the holiday are entitled to holiday
pay. The same is true for employees whose
rest day falls on the day prior the holiday.

Those who are on leave without pay or are
absent on the day prior the holiday may
not be paid the holiday pay if he did not
work on the regular holiday.
Work performed or rendered on the
holiday itself entitles the employee to at
least twice the latters daily rate.

Where the holiday falls on the scheduled rest day
of the employee, work performed shall be paid at
an additional 30% of the regular holiday rate, or
at least 260%
In cases where there are two successive holidays
(usually Maundy Thursday and Good Friday), the
employee who absents himself from work on the
day immediately preceding the first holiday is not
entitled to be paid for both holidays, EXCEPT if he
works on the first holiday, in which case he is
entitled to his holiday pay on the second holiday.
Premium Pay
Premium PayDefinition. additional
compensation required by law to be paid to
employees for work performed on non-working
days, such as rest days and special days.
No Work, No PayRule.
During rest and special days, the principle of no work, no

pay applies. Workers who were not required or permitted
to work on those days are not by law entitled to any
compensation.
This is consistent with the definition above that premium
pay is to be paid for workperformed.
Performance of work is necessary for entitlement to
premium pay.
Premium Pay for Rest Days
As a general rule, where anemployeeis

made or permitted to work on his scheduled
rest day, whether it is a regular day or a
holiday, he shall be paid an additional
compensation of at least 30% of his regular
wagefor that day. The rule is different for
work performed on a rest day which is also
a special day, in which case, 50% of the
regular daily rate is added, instead of 30%
of the daily rate for special day.
Premium Pay for Rest Days
In sum, thepremium pay ratesfor rest days

are as follows:
For work performed on rest days, an additional
30% of the daily rate or a total of 130%;
For work performed on a rest day which is also a
special day, an additional of 50% of the daily rate
or a total of 150%; and
For work performed on a regular holiday which is
also the employees rest day, an additional 30%
of the regular holiday rate of 200% or a total of
260%.
Computations
Work on a Rest Day
Premium pay = 30% of
Basic pay
= 30% of P300.00
= 0.3 x P300.00
= P90.00
Rate on Rest day = Basic pay

+ Premium pay
= P300.00 + P90.00
= P390.00
Computations
Work on a Holiday Falling on a Rest
Day
Daily rate on holiday
Daily rate on holiday =
200% of Basic pay
=P300.00x 2
=P600.00
Premium pay = 0.3 x Daily
rate on holiday
= 0.3 x P600.00
= P180.00
Rate on Rest Day falling on a

Holiday = Daily rate on
holiday + Premium pay
= P600.00 + P180.00
= P780.00
Or,
Rate = 260% of Basic pay
= 2.6 x P300.00
= P780.00
Computations
Work on a Special Day
Basic pay
= 30% of P300.00
= 0.3 x P300.00
= P90.00
Rate on Special Day = Basic

pay + Premium pay
= P300.00 + P90.00
= P390.00
Computations
Work on a Special Day Falling on a Rest
Day
Basic pay
= 50% of P300.00
= 0.5 x P300.00
= P150.00
Rate on Special Day on a Rest

day = Basic pay + Premium
pay
= P300.00 + P150.00
= P450.00
Premium Pay, no regular workdays

and scheduled rest days
Where the nature of the work of the

employee is such that he has no regular
workdays and no regular rest days can be
scheduled, he shall be paid an additional
compensation of at least 30% of his regular
wage for work performed on Sundays and
holidays.
Comparison of Premium Pay and

Holiday Pay
Using the definition ofpremium pay, holiday
pay is not a premium pay because it does
not require performance of workby the
employee. In case of holiday pay, the
employee is entitled payment even if he
does not work. The same cannot be said of
premium pay.
Thus, unlike in premium pay, the principle
no work, no pay does not similarly apply
to holiday pay.
Thirteenth Month Pay
PD 851, Thirteenth Month Pay Law, as amended

by Memorandum Order No. 28, requires all
employers to pay their employees a 13th month
pay not later than December 24 of every year.
Originally, PD 851required payment of 13th
month pay to employees receiving not more
than P1,000 a month. MO 28 (1987), removed
the salary ceiling, and all rank and file
employees became entitled to a 13th month
pay regardless of the amount of their monthly
basic salary
Employees Covered by 13th

Month Pay Law
All rank-and-file employees, regardless of their designation or
employment status, and irrespective of the method by which
their wages are paid, who have worked at least one month
during the calendar year are entitled to 13th month pay.
Managerial employees are excluded from the coverage of the
law.
The Labor Code distinguishes a rank-and-file employee from a
managerial employee. It provides that a managerial employee
is one who is vested with powers of prerogatives to lay down
and execute management policies and/or to hire, transfer,
suspend, lay-off, recall discharge, assign or discipline
employees, or to effectively recommend such managerial
actions.
All employees not falling within this definition are considered
rank-and-file employees.
13th Month, Amount
Not less than 1/12 of the totalbasic salaryearned by

the employee within the calendar year.
Only basic salary is included in the computation of
13th month pay.
Excludes allowances and monetary benefits which
are not considered or integrated as part of the
regular or basic salary.
However, salary-related benefits should be included
as part of the basic salary in the computation of the
13th month pay if by individual or collective
agreement, company practice or policy, the same are
treated as part of the basic salary of the employees.
Employees excluded from

coverage of 13th month pay law
Managerial employees;
Those covered under the civil service law;
Those already receiving 13th month pay or its
equivalent. Christmas bonus, mid-year bonus,
cash bonuses and other payments amounting
to not less than 1/12 of the basic salary are
treated as equivalent of 13th month pay;
Those paid on purely commission, boundary, or
task basis, and those who are paid fixed
amount for performing specific work except
those paid on a piece-rate basis.
Employees paid
commissions
Not entitled to 13th month pay if purely on
commission basis.
Employees paid on partly commission basis,
i.e., those guaranteed with a fixed wage
aside from the commission, are entitled to
13th month pay.
Employees paid
commissions
Types of commission:
Commission as an incentives or encouragement
to ensure productivity, i.e., productivity bonus
does not form part of basic salary, not to be
included in computation (Boie Takeka case, 1993.)
Commission as a direct remuneration for service
rendered forms part of basic salary. (see
Philippine Duplicators v. NLRC, 1993.)
13th Month Pay of Employees

with Multiple Employers.
Employees with multiple employers are
entitled to 13th month pay from all their
private employers.
If employee works in two or more private
firms, he is entitled to the pay from both or
all of them. If he is a government employee,
but works part time in a private enterprise,
he is entitled to 13th month pay from the
private enterprise.
13th Month Pay of Private

School Teachers.
Private school teachers are entitled to 13th

month pay regardless of the numbers of
months they work in a year, provided it is at
least one month.
13th Month Pay, resigned or

separated employees
Employees who resigned or were separated
during the calendar year shall be entitled to
13th month pay in proportion to the length
of time he worked during the year, provided
it is at least one month.
The payment may be demanded by the
employee upon the cessation of
employment.
Cases
For 2 to 3 years, Sevilla Trading, allegedly by

mistake, added the night premium,
maternity leave pay, etc., in the computation
13th month pay. The court ruled that the
inclusion may no longer be withdrawn if it
has already ripened into a company
practice.Nota bene:There is no specific rule
as to how many years are necessary to
constitute company practice. (Sevilla
Trading v. AVA Tomas, GR No. 152456.)
Cases
Employees paid according to boundary

system are not entitled to 13th mo pay.
Boundary system is where the employees
do not receive fixed wages, but retain only
those sums in excess of the boundary or
fee they pay to the owners or operators of
their vehicles. They are akin to employees
paid on purely commission basis. (
R&E Transport v. Latag, G.R. No. 155214.)
Cases
Drivers who are paid on commission basis,

but with guaranteed minimum wage in case
their commission be less than their basic
minimum, are entitled to 13th month pay. (
PACIWU v. NLRC, GR No 107994.)

Basis
Article 95 (Book Three, Title I) of the Labor
Code provides the basis of the grant of
Service Incentive Leave to qualified
employees. Its implementation is covered
by Section 2, Rule V, Book III of the Omnibus
Rules.

Employees entitled to SIL
Everyemployee(subject to the exceptions
below)who has rendered at least one year
of serviceis entitled to yearly service
incentive leave of five days with pay.

At least one year of service
The term at least one-year service means
service for not less than 12 months,
whether continuous or broken.
At least one year of service

The 12-month period shall be reckoned from
the date the employee started working,
including authorized absences and paid regular
holidays.
The only instance when service shall be
deemed as one year even when the employee
serves less than that period is when the
operation of the establishment is less than 12
months as a matter of practice or policy, or is
so provided in the employment contract
Employees not covered,

SIL
The following employees are excluded from

entitlement to SIL under the Labor Code (but they
may be entitled to the same or similar benefits if so
provided under other laws, or collective bargaining
agreement or employment contract):
Those of the government and any of its political
subdivisions, including government-owned and
controlled corporations;
Domestic helpers and persons in the personal
service of another;
Managerial employees as defined in Book Three of
the Labor Code;

SIL
Field personnel and other employees whose
performance is unsupervised by the
employer including those who are engaged
on task or contract basis, purely
commission basis, or those who are paid a
fixed amount for performing work
irrespective of the time consumed in the
performance thereof;
Those who are already enjoying the benefit
herein provided;

SIL
Those enjoying vacation leave with pay of
at least five days; and
Those employed in establishments regularly
employing less than ten employees.
(Omnibus Rules)
Manner of Availment
The service incentive leave may be used for

sick and vacation leave purposes. And, at
the end of the year, the unused SIL may be
commuted to cash.
Commutability to Cash
Under the Omnibus Rules, the unused

service incentive leave is commutable to its
money equivalent at the end of the year.
[N.B. Not found in the LC.]
Accumulation of Leave
Credits
Instead of using up SIL, the employee may
accumulate it and opt for its commutation
to cash upon his resignation or separation
from employment.
Computation of SIL
In computing SIL, the basis shall be the
salary rate at the date of commutation. The
availment and commutation of this benefit
may be on a pro rata basis. (DOLE
Handbook)
Illustration
An employee was hired on January 1, 1997,
and resigned on March 1, 1998. Assuming
he has not used or commuted any of his SIL
credits, he is entitled upon his resignation to
the commutation of his accumulated SIL as
follows:
SIL earned as of Dec. 31, 1997 = 5 days
Proportionate SIL for Jan. and Feb. 1998 =
(2/12) x 5 days = 0.833 day
Total as of March 1, 1998 = 5.833 days
Part-time workers
Are part-time workers entitled to the full five
days SIL, or should the entitlement be on
pro-rata basis? Part-time workers are
entitled to full five days SIL. (BWC Advisory
Opinion)
The reason is that the Labor Code speaks of
number of months worked in a year, not
number of hours worked in a day, as basis
for entitlement.
Vacation and Sick Leave

The Labor Code treats vacation leave and
sick leave under the same category as
Service Incentive Leave or leave with pay.
Thus, the grant of vacation or sick leave
with pay of at least five days may be
credited as compliance with SIL. For
example, if a company is giving its
employees 15 days vacation leave, five
days of which is with pay, the five-days paid
vacation leave may be credited as SIL.
Cases
Petitioner CIT claimed that teachers are not

entitled to SIL because they are engaged by
the school on contractual basis. The claim
was not sustained. It was held that the
phrase those who are engaged on task or
contract basis as mentioned in the
Omnibus Rules should be read in relation to
field personnel. Teachers, not being field
personnel, are entitled to SIL. (CIT vs. Ople,
1987.)
Cases
Applying Article 291 of the Labor Code in light of

this peculiarity of the service incentive leave, we
can conclude that the three (3)-year prescriptive
period commences, not at the end of the year
when the employee becomes entitled to the
commutation of his service incentive leave, but
from the time when the employer refuses to pay
its monetary equivalent after demand of
commutation or upon termination of the
employees services, as the case may be. (
Auto Bus Transport, Inc. vs. Bautista, 2005 )
Cases
Petitioners contention that respondent is

not entitled to the grant of service incentive
leave just because he was paid on purely
commission basis is misplaced. What must
be ascertained in order to resolve the issue
of propriety of the grant of service incentive
leave to respondent is whether or not he is
a field personnel. (
Auto Bus Transport, Inc. vs. Bautista, 2005)
Cases
Exemptions.To claim exemption from payment

of service incentive leave pay, it is the
employers duty to prove that it is covered under
the exemption. Thus, where the employer claims
that the employee is not entitled to service
incentive leave pay inasmuch as establishment
employing less than ten (10) employees are
exempted from paying service incentive leave
pay, it has the duty to prove that there were less
than ten employees in the company. (C. Planas
Commercial, et al. vs. NLRC, G.R. No. 144619, N
ovember 11, 2005
.)
Maternity Leave
Basis: Maternity leave benefits are found under the
Article 133 of the Labor Codeand Section 14-A of
Social Security Act of 1997 (Republic Act No. 8282)
.
Checklist for Availment of Maternity Benefits under
Social Security Act
The pregnant womanemployeemust have paid at least

three monthly contributions within the 12-month period
immediately preceding the semester of her childbirth or
miscarriage.
She has given the required notification of her pregnancy
through heremployer if employed, or to the SSS if
separated, voluntary or self-employed member.
Wages
Attributes
Minimum Wage
Wages
Definitions (Article 97)

Person An individual, partnership, association or
corporation, business trust, legal representative or any
organized groups of persons.
Employer includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee and shall include the government and all
its branches, subdivisions and instrumentalities, all
government owned and controlled corporations and
institutions as well as non-profit private institutions, or
organizations.
Employee Any individual employed by an
employer; one who is suffered or permitted to work in
exchange for payment.
Wage, Definition
Compensation paid to the employee for

work or services rendered. The regular
wage of an employee has the following
components: (1) Cash wages, which must
be in legal tender, and (2) facilities
provided by the employer.
Wage, Attributes
Remuneration or earnings, however designated,
Capable of being expressed in terms of money, whether
fixed or ascertained on a time, task, piece or
commission basis, or other method of calculating the
same,
Payable by an employer to an employee under a written
or unwritten contract of employment
For work done or to be done, or for services rendered or
to be rendered
Includes the fair and reasonable value, as determined by
the DOLE Secretary of board, lodging, or other facilities
customarily furnished by the employer to the employee.
Fair and Reasonable Value
The phrase shall not include any profit to

the employer, or to any person affiliated
with the employer (see discussion on
facilities).
Facilities
Articles or services for the benefit of the employee or his

family
Shall not include tools of the trade or articles or services
primarily for the benefit of the employer or necessary to
the conduct of the employers business.
Facilities may be deducted from what is reflected as wages
to derive cash wages, provided:
They are customarily given, and;
The deduction must be with (a) voluntary acceptance and (b)
the written consent of the employee.
Charged at a fair and reasonable value
This is relevant in determining rates for computing

overtime and premium pay.
Value of Facilities
Fair and reasonable value of board, lodging and

other facilities customarily furnished by an
employer both in agri and non-agri enterprises
Supplements
Supplements. refer to extra

remuneration or special privileges or
benefits given to or received by
laborers over and above their ordinary
earnings or wages.
Facilities vs. Supplements

Both are not part of the CASH COMPONENT
of wages;
A facility is given for the benefit of the
employee. If necessary in order to maintain
health, efficiency of workers during work,
supplement
The distinction lies not in the type of benefit
given (food, accommodations, sick leave,
use of facilities) but its purpose;
Deductibility of Facilities or
Supplements from Wages
State Marine Cooperation and Royal Line, Inc. vs.
Cebu Seamens Association, L-12444, Feb. 1963:
Facilities may be charged to or deducted from wages.

Supplements on the other hand may not be so
charged. Thus, when meals are freely given to crew
members of a vessel while they were on the high seas,
not as part of their wages but as a necessary matter in
the maintenance of the health and efficiency of the
crew personnel during the voyage, the deductions
made therefrom for the meals should be returned to
them, and the operatorshould continue giving the
same benefit.
Deductibility of Facilities or
Supplements from Wages
Mayon Hotel & Restaurant vs. Adana (GR No.
157634, May 2005), citing Mabeza
Food or snacks or other convenience provided by the
employers are deemed as supplements if they are
granted for the convenience of the employer.
Consideringthat hotel workers are required to work
different shifts and are expected to be available at
various odd hours, their ready availability is a
necessary matter in the operations of a small hotel
The deduction of the cost of meals from
respondents wages, therefore should be removed.
Gratuity, Allowances and

Bonuses
Gratuity. Is a gift freely given by the employer in
appreciation of certain favors or services rendered. It
is not part of wages since it is not intended as
compensation for actual work. It is not demandable as
a matter of right.
Allowance, RATA (DBM vs. Olivia Leones, GR
No. 169726, March 18, 2010). Statutory law, as
implemented by administrative issuances and
interpreted in decisions has consistently treated RATA
as distinct from salary. Unlike salary, which is paid for
services rendered, RATA belongs to a basket of
allowances to defray expenses deemed
unavoidable in the discharge of office.
Gratuity, Allowances and

Bonuses
Bonus (Lepanto Ceramics, Inc. vs. Lepanto Ceramics
Employees Association, GR No. 180866, March 2, 2010).
A bonus is a gratuity or act of liberality of the giver. It is
something given in addition to what is ordinarily received by or
strictly due the recipient. A bonus is granted and paid to an
employee for his industry and loyalty which contributed to the
success of the employers business and made possible the
realization of profits. A bonus is also granted by an enlightened
employer to spur the employee to greater efforts for the
success of the business and realization of bigger profits.
In the same case, the Supreme Court ruled that a bonus is not a
demandable and enforceable obligation, except if it was
promised by the employer and agreed upon by the parties (as
when it is included in the CBA)
Minimum Wage, Concept

Minimum wage represents the lowest
possible wage that an employer can
legally pay its employees.
Aim of establishing minimum wage is
To even out the distribution of income, and;

Effectively increase the standard of living of
workers.
Minimum Wage
Article 99: Minimum wage rates in every region of
the country for agricultural and non-agricultural
employees and workers shall be prescribed by the
RTWPBs. (Read this in relation to Section 3, RA
6727).
Republic Act No. 6727, also known as the "Wage
Rationalization Act" established a new mechanism
for minimum wage determination through the
creation of the National Wages and Productivity
Commission ( NWPC) and the Regional Tripartite
Wages and Productivity Boards (RTWPBs) in all
regions of the country.
Minimum Wage
Basis for computing minimum wage. The
basis of computation of minimum wage shall
be the normal working hours which shall not
be more than eight hours a day.
Wage Orders. The RTWPB promulgates
WAGE ORDERS pursuant to its wage-fixing
authority. Whenever conditions in a particular
region so warrant, the RTWPB shall
investigate and study all pertinent facts and
based on the standards and criteria
prescribed by RA 6727.
Criteria for Fixing Minimum

Wage
The RTWPB shall consider the following in

determining minimum wage:
The demand for living wages

Wage adjustments vis--vis the Consumer Price Index
Cost of living, and changes or increases therein
Needs of workers and their families
Need to induce industries to invest in the countryside
Improvement of standards of living
Prevailing wage levels
Fair return of the capital invested and employers capacity to
pay
Effects on employment generation and family income
Equitable distribution of income and wealth along the
imperatives of economic and social development
Methods of Fixing Wages

Floor wage method fixing of a determinate
amount to be added to the prevailing
statutory minimum wage
Salary ceiling method application of wage
adjustment to employees receiving a
certain denominated salary ceiling
Read ECOP vs. NWPC, RTWPB-NCR & TUCP,
GR No. 96169, September 24, 199
Wage Distortion
A situation where an increase in

prescribed wage rates results in the
elimination or severe contraction of
intentional quantitative differences in
wage or salary rates between and among
employee groups in an establishment as
to effectively obliterate the distinctions
embodied in such wage structure based
on skills, length of service, or other
logical bases of differentiation.
Payment by Results
ARTICLE 101. Payment by results. - (a) The

Secretary of Labor and Employment shall
regulate the payment of wages by results,
including pakyao, piecework, and other
non-time work, in order to ensure the
payment of fair and reasonable wage
rates, preferably through time and motion
studies or in consultation with
representatives of workers and
employers organizations.
Payment by Results
Avelino Lambo & Vicente Belocura vs. NLRC &

J.C. Tailor/Johnny Co, GR No. 111042, October
26, 1999. - There are two categories of employees
paid by results:
1. Those whose time and performance are supervised
by the employer. (Here there is an element of control
and supervision over the manner as to how the work is to
be performed. A piece-rate worker belongs to this
category especially if he performs his work in the
company premises.); and
2. Those whose time and performance are
unsupervised (here, the employers control is over the
result of the work. Workers on pakyaw and takay
basis belong to this group).
Pakyao
Pakyao. A system where a group of workers
(1) define their own work time and methods,
(2) share among themselves the wages (3)
commensurate to the results of their work.
The wages earned by an individual in a
particular day may not be equal to the wage
of a regular worker. For this reason, the DOLE
must ensure that payment of wages by
pakyao or piece rate will be FAIR and
REASONABLE, considering the circumstances.
Non-Diminution of Benefits
Prohibition against elimination or
diminution of benefits.
Nothing in the Labor Code shall be
construed to eliminate or in any way
diminish supplements, or other employee
benefits being enjoyed at the time of
promulgation of this Code. Article 100,
Labor Code.
Non-Diminution of Benefits,
Concept
The principle of non-diminution of benefits states
that: any benefit and supplement being enjoyed
by employees cannot be reduced, diminished,
discontinued or eliminated by theemployer.
The Constitution mandates the state to protect
the rights of workers and promote their welfare,
and to afford labor full protection. This is the
basis of Article 4 of the Labor Code which states
that all doubts in the implementation and
interpretation of this Code, including its
implementing rules and regulations shall be
rendered in favor of labor.
Benefits & Supplements,

Defined
Employeebenefits are compensation given to
employees in addition to regular salaries or wages.
They may be required by law such as social
security benefits, PhilHealth, retirement benefits,
maternity benefits, service incentive leave, etc., or
voluntarily offered by the employer as an incentive
to attract and retain employees as well as increase
employee morale and improve job performance.
Supplements include those benefits or privileges
granted to an employee for the convenience of the
employer, e.g., board and lodging within the
company premises.
Common Application
In employment setting, the principle of

non-diminution of benefits finds
application when a change initiated by the
employer to existing company policies,
specially matters concerning employee
benefits, results in reduction, diminution
or withdrawal of some or all of the benefits
already enjoyed by the employees.
Manifestation of
Diminution
TSPIC corporation vs. TSPIC Employees

Union (FFW), et al., GR No. 163419, Feb.
13, 2008. Diminution is manifested when:
The grant or benefit is founded on a policy, or has
ripened into a practice over a long period of time;
The practice is consistent and deliberate;
The practice is not due to error in the construction
or application of a doubtful or difficult question of
law, and;
The diminution or discontinuance is done
unilaterally by the employer.
Length of Time of Company

Practices
With regard to the length of time the company practice
should have been exercised to constitute voluntary
employer practice which cannot be unilaterally
withdrawn by the employer, the Court has not laid down
any rule requiring a specific minimum number of years.
In the case ofDavao Fruits Corporation vs Associated
Labor Unions(G.R. No. 85073, August 24, 1993), the
company practice lasted for six years.
InDavao Integrated Port Stevedoring Services vs.
Abarquez(G.R. No. 102132, March 19, 1993), the
employer, for three years and nine months, approved
the commutation to cash of the unenjoyed portion of the
sick leave with pay benefits of its Intermittent workers.
Length of Time of Company

Practices
InTiangco vs Leogardo, Jr. (G.R. No. L-57636, May 16,
1983), the employer carried on the practice of giving a
fixed monthly emergency allowance from November
1976 to February 1980, or three years and four months.
In the case ofSevilla Trading Company vs Semana, ibid.,
the employer kept the practice of including non-basic
benefits such as paid leaves for unused sick leave and
vacation in the computation of their 13th-month pay for
at least two (2) years.
In all these cases, the grant of benefits has been held to
have ripened into company practice or policy which
cannot be peremptorily withdrawn.
Integration of Monetary Benefits to the Basic Pay
Payment of Wages
ARTICLE 102. Forms of payment. - No employer shall pay the wages of an
employee by means of promissory notes, vouchers, coupons, tokens, tickets,
chits, or any object other than legal tender, even when expressly requested by
the employee le or under other special circumstances to be determined by the
Secretary of Labor and Employment in appropriate regulations, in which case,
the worker may be paid through another person under written authority given by
the worker for the purpose; or (b) Where the worker has died, in which case, the
employer may pay the wages of the deceased worker to the heirs of the latter
without the necessity of intestate proceedings. The claimants, if they are all of
age, shall execute an affidavit attesting to their relationship to the deceased and
the fact that they are his heirs, to the exclusion of all other persons. If any of the
heirs is a minor, the affidavit shall be executed on his behalf by his natural
guardian or next-of-kin.
The affidavit shall be presented to the employer who shall make payment
through the Secretary of Labor and Employment or his representative. The
representative of the Secretary of Labor and Employment shall act as referee in
dividing the amount paid among the heirs. The payment of wages under this
Article shall absolve the employer of any further liability with respect to the
amount paid.
Payment of Wages, Forms

ONLY LEGAL TENDER (subject to exemptions)
Prohibited forms of payment, even when
expressly requested by the employee.
Promissory notes;
Vouchers;
Coupons;
Tokens;
Tickets;
Chits; or
Any object other than legal tender.
Congson
v. NLRC, 243 SCRA 260 (1995)
Forms of Payment, Exceptions
Payment by check or money order may be allowed if the

same is:
Customary;
Necessary because of special circumstances as determined by the
Secretary of Labor;
Stipulated in the CBA; or
Where the following conditions are met:
bank or other facility for encashment within of 1 kilometer from
workplace;
The employer, his agents or representatives, does not receive any
pecuniary benefit directly or indirectly from the arrangement;
reasonable time given during banking hours to withdraw wages from
the bank, considered as compensable hours worked if done during
working hours; and
The payment by check is with written consent of the employees
concerned if there is no CBA
Time of Payment (Art. 103)
General Rule:
At least once every two weeks; or
Twice a month at intervals not exceeding 16 days.
Exceptions:
Force majeure or other circumstances beyond the
employer's control
If engaged to perform a task which cannot be completed in
2 weeks and in the absence of CBA or arbitration award:
Payment shall be made at intervals not exceeding 16 days, in
proportion to the amount of work completed;
That final settlement is made upon completion of the work.
Gilles v. CA, Schema Konsult, 589 SCRA 399 (2009)
Place of Payment (Art.

104)
General Rule: At or near the place of undertaking.
Exceptions:
Deterioration of peace and order conditions, or by reason of actual or

impending emergencies caused by fire, flood or other calamity
rendering payment thereat impossible;
Free transportation to the employees back and forth; and
Analogous circumstances.
Note: No employer shall pay his employees in any bar, night

or day club, drinking establishment, massage clinic, dance
hall, or other similar places or in places where games are
played with stakes of money or things representing money
except in the case of persons employed in said places. (Sec.
4, Rule VIII, Book III, Rules Implementing the Labor Code)
Payment Through Banks

Written permission of the majority of the
employees in an establishment;
Establishment must have at least 25
employees; and
The establishment must be located within
a one-kilometer radius of the bank
Payment Through ATM

With the written consent of the employee concerned;
Given reasonable time to withdraw their wages from the bank
facility which, if done during working hours, shall be considered
as compensable hours worked;
System allows employee to receive wage within the period and
amount prescribed by PD 442;
Bank or ATM facility within 1 km. of workplace;
Upon request of concerned employee, employer shall issue a
record of payment of wages, benefits & deductions for a
particular period;
Shall neither result in diminution of benefits and privileges of the
employee nor shall incur additional expenses in the process; and
Employer shall assume full responsibility in case the wage
protection provisions of law and regulations are not complied with
under the arrangement
Direct Payment of Wages

General Rule: Wages shall be paid directly to
the workers to whom they are due.
Exceptions (Payment through another
person)
Force majeure rendering such payment impossible

provided said person is under written authority given by
the worker for the purpose;
When authorized under existing law, including
payments for insurance premiums of the employee and
union dues where the right to check-off has been
recognized by the employer in accordance with a CBA or
authorized in writing by the individual employees,
concerned.
Wages of Worker Who Dies

Heirs of the worker, even without intestate proceedings.
Claimants shall execute an affidavit attesting their relationship
to the deceased and the fact that they are his heirs, to the
exclusion of all others (Affidavit of Next of Kin);
In case of a minor heir, affidavit shall be executed on his behalf
by his natural guardian or next of kin;
Affidavit shall be presented to the employer who shall make
payment through the Secretary of Labor or his representative;
The representative shall act as referee in dividing the amount
paid among the heirs; and
Payment of wages under this Article shall absolve the employer
of any further liability with respect to the amount paid. (Sec. 6,
Rule VIII, Book III, Rules Implementing the Labor Code)
What are the Legal Prohibitions

on Wages?
Payment of wages in non-cash form;
Payment of wages in night and day clubs,
bars, dance halls and other similar places;
Non-diminution of wages; and
Non-interference by the employers in the
employees' disposition of their wages.
(Article 112)

on Wages?
Non-interference by the employers in the
employees' disposition of their wages.
(Article 112) relates to compulsion or
obligation to purchase merchandise from
employers store.
Unsanctioned wage deduction (Art. 113)
relating to consented insurance and union
dues, as well as deductions authorized by
SOLE

on Wages?
Deposits for Loss or Damage (Art. 114-115)

prohibited unless customary in trade.
Prior to deduction from deposit employee has
been heard thereon and responsibility clearly
shown
Withholding of wages and kickbacks (Art.

116)
Deduction to ensure employment (Art. 117)
Retaliatory measures (Art. 118)
Contracting or
Subcontracting
An arrangement whereby a principal

agrees to put out or farm out with a
contractor or subcontractor the
performance or completion of a specific
job, work or service within a definite or
predetermined period, regardless of
whether such job, work, or service is to be
performed or completed within or outside
the premises of the principal.
Parties Involved in
Contracting
Trilateral Relationship; parties involved

are:
Principal;
Contractor/subcontractor; and
Contractual workers.
Two contracts exist:

Between principal and contractor: Contract for
specific job, work or service
Between contractor and its workers:
Employment contract
Legitimate Contracting,
Elements
Contractor has distinct and independent
business and undertakes to perform the job on
his own account and under his own
responsibility according to its own manner and
method, free from the control and direction of
the principal in all matters connected with the
performance of the work except as to the results
thereof.
The contractor or subcontractor has substantial
capital or investment in tools, equipment and
machineries, work premises and other
materials necessary in the conduct of his business;
What is substantial
capital?
Capital stocks and subscribed capitalization in the

case of corporations, tools, equipment,
implements, machineries and work premises,
actually and directly used by the contractor
or subcontractor in the performance or
completion of the job, work or service
contracted out.
Legitimate Contracting,
Elements
The agreement between the principal and
contractor or subcontractor assures the
contractual employees entitlement to all labor
and occupational safety and health standards,
free exercise of the right to self-organization,
security of tenure and social and welfare
benefits (D.O. No. 10 of 1997; Baguio v. NLRC, GR
Nos. 7900408, October 4, 1991); and
Must be properly registered as such in
accordance with D.O. No. 18-A. Absence of a
registration only gives rise to the presumption that
the contractor is engaged in labor-only contracting
Labor Only Contracting
Labor Only Contracting an arrangement where

the contractor or subcontractor merely recruits,
supplies or places workers to perform a job, work or
service for a principal, and ANY of the following
ELEMENTS is present:
The contractor or subcontractor does not have substantial
capital OR investment which relates to the job, work or
service to be performed, and
the employees recruited, supplied or placed by such
contractor or subcontractor are performing activities which
are directly related to the main business of the principal; or
The contractor does not exercise the right to control over
the performance of the work of the contractual employee.
Prohibited Labor Contracting

1.
2.
3.
4.
5.
6.
Labor-only contracting;
Contracting that Terminates the employment of regular
employees, or reduces their work hours, or reduces or
splits a bargaining unit, if such contracting out is not done
in good faith and not justified by business exigencies;
Contracting with a Cabo - person/s or labor group which, in
the guise of a labor organization, supplies workers to an
employer, with or without any monetary or other
consideration whether in the capacity of an agent of the
employer or as an ostensible independent contractor;
Contracting with In-house agency;
Contracting because of a Strike or lockout; and
Contracting that constitutes ULP under Art. 248.
Legitimate Contracting vs.

Labor Only Contracting
1.
2.
3.
4.
Legitimate contracting is permissible, labor-only

contracting is illegal
Principal in legitimate contracting is an indirect employer of
contract employees, and has limited liability; Principal in
labor-only contracting is a direct employer, and carries all
liabilities of an employer
In legitimate contracting, the principal becomes solidarily
liable with the contractor in the event the latter fails to pay
the employees wages and for violation of labor standard
laws, but does not extend to the payment of back wages or
separation pay for employees who are illegally dismissed.
In labor only contracting, he is solidarily liable for all
rightful claims under the Labor Code and other related laws
Substantial capital is present in legitimate contracting only
Administration and
Enforcement
exercise of DOLE powers under Article 128 anchored on the following
requisites:
Does the employer-employee relationship exist?
Are there violations of the Labor Code or of any labor law?
Has there been a formal complaint filed against the employer?
DOLE'S prerogative to determine the existence of Er-Ee relationship is not
coextensive with the visitorial and enforcement power. Such determination is
merely preliminary, incidental and collateral to the
DOLE'S primary function of enforcing labor standards provisions. The
determination of the existence of employer-employee relationship is still
primarily lodged with the NLRC. This is the meaning of the clause "in cases
where the relationship of employer-employee still exists" in Art. 128 (b). The
existence of an employer-employee relationship is a statutory prerequisite to
and a limitation on the power of the Secretary of Labor, one which the
legislative branch is entitled to impose. (People's Broadcasting v. Secretary of
the DOLE, G.R. No. 179652, May 8, 2009)
Administration and
Enforcement
The DOLE has Quasi-Judicial Power. It bears emphasis that the DOLE, under Article 106 of the Labor Code, as
amended, exercises quasi-judicial power, at least to the extent necessary to determine violations of labor standards
provision of the Code and other labor legislation. She/he (DOLE Secretary) on the Regional Directors can issue
compliance orders and writs of execution for the enforcement thereof (Jethro Intelligence & Security Corp. and Yakult
Phil. v. Hon. Secretary of Labor and Employment, et al, GR No. 172537, August 14, 2009).
Visitorial Power power of the Secretary of Labor or any of his duly authorized representatives to have access to
employers records and premises at any time of the day or night whenever work is being undertaken therein.
It includes the right to copy therefrom, to question any employee and investigate any fact, condition or matter which
may be necessary to determine violations or which may aid in the enforcement of the Code and of any labor law,
wage order, or rules and regulations.
Enforcement Power (as amended by R.A. 7730) power of the Secretary of Labor to compel employer to
comply with labor standards upon finding of violations discovered in the course of the exercise of the visitorial power.
Only claims where employer-employee relations still exist can be covered
Includes the power to:
Issue Compliance Orders based on the findings of labor employment and enforcement officers or industrial safety
engineers made in the course of inspection, and must observe 7 cardinal requirements of due process in
administrative proceeding;
Issue Writs of Execution for the enforcement of orders except in cases where the employer contests the findings of
the said labor officers and raises issues supported by documentary proofs which were not considered in the course of
inspection;
Order Work Stoppage/Suspension of Operations when non-compliance with the law or implementing rules and
regulations poses grave & imminent danger to the health and safety of the workers in the workplace; and
Conduct hearings within 24 hours to determine whether:
An order for stoppage of work/suspension of operations shall be lifted or not; and
Employer shall pay the employees concerned their salaries in case the violation is attributable to his fault.
Procedure:
Administration and
Enforcement
Who Exercises
Power
Art. 128
Sec. of Labor or his
duly authorized
representative who
may or may not be a
Regional Director
Art. 129
Regional Director or
any duly authorized
hearing officer of DOLE
Visitorial & Enforcement Power

of DOLE Secretary
Distinct but complementary powers
Granted by the Labor Code to the SOLE or
his authorized representatives
To administer and to enforce labor laws
Visitorial Power of DOLE

Secretary
Grants to DOLE officials, including LEOs:

access to employer's records and premises at any
time of the day or night whenever work is being
undertaken therein,
right to copy such records,
question any employee
investigate any fact, condition or matter which
may be necessary to determine violations or
which may aid in the enforcement of the Labor
Code and of any labor law, wage order or rules
and regulations issued pursuant thereto (Art. 128
(a)).
Enforcement Power of DOLE

Secretary
Issue compliance orders to give effect to the
labor standards provisions of the Labor
Code and other labor legislation based on
the findings of LEOs or industrial safety
engineers made during inspection, and
Issue writs of execution to the appropriate
authority for the enforcement of their orders
except where employer contests LEOs findings

and raises issues supported by documentary
proofs not considered during inspection." (Art.
128 (b).
Complaint Process
If employer-employee relationship still exists, any aggrieved
employee may file a complaint, regardless of the amount of
monetary claims, before the DOLE regional office, or its provincial
field offices, which has territorial jurisdiction over the workplace.
On the other hand, if employer-employee no longer exists, either:
before the DOLE regional office, provided, that the claim involves recovery
of wages and other monetary claims and benefits, including legal interest,
provided further, the following requisites are present: a) the claim is
presented by an employee, or a person employed in domestic or household
service, or house helper; b) the claim arise from employer-employee
relations; c) the claimant does not seek reinstatement; and d) the
aggregate money claim of each claimant does not exceed P5,000.00; or
before the Regional Arbitration Branch of the National Labor Relations
Commission, in the absence of any of the above enumerated requisites
pursuant to Article 217 of the Labor Code, except claims for employees
compensation, social security, medicare and maternity benefits.
Working Conditions for

Special Groups of Workers
Women
References: Arts. 130-138; Omnibus Rules, Book III,
Rule XII, Sec. 1; Constitution, Arts. II, Sec. 13 & XIII, Sec.
14; Women in Development and Nation Building Act (RA
7192); Anti-Sexual Harassment Act of 1995 (RA 7877);
Anti-Violence Against Women and Their Children Act of
2004 (RA 9262); The Magna Carta of Women (RA 9710)
Women under the Constitution, Art. II, Sec. 14; Art XIII,
Sec 14
Philippine Association of Service Exporters v. Drilon, 163
SCRA 386 (1988)
Phil. Telegraph and Telephone Co. v. NLRC, 272 SCRA
596 (1997)
Magna Carta for Women

Republic Act 9710
Signed into law August 14, 2009
Salient Features of the

MCW:
Coverage:
I.
General Provisions
II.
Definition of Terms
III.
Duties Related to the Human Rights
of Women
IV.
Rights and Empowerment
V.
Rights and Empowerment of
Marginalized Sectors
VI.
Institutional Mechanisms
Declaration of Policy
Affirms the role of women in nation building
Ensures the substantive equality of women
and men;
Condemns discrimination against women, in
keeping with CEDAW and other International
Instruments, consistent with Philippine Law;
Affirms womens rights as human rights;
Provides for the intensification of efforts to
fulfill its duties under international and
domestic law to recognize, respect, protect,
fulfill and promote womens rights and
freedom, especially marginalized women, in all
fields
Reaffirms the right of women to participate in
policy formulation, planning, organization,
implementation, management monitoring, and
evaluation of all policies, programs and
services that affect them
Principles of Human Rights of Women

Universal and Inalienable: all human beings are
free and equal in dignity and rights;
Indivisible: inherent to the dignity of every human
being whether in civil, cultural, economic, political
or social issues;
Interdependent and interrelated: the fulfillment of
one right often depends, wholly or in part upon
the fulfillment of others;
All individuals are equal as human beings by
virtue of the inherent dignity of each human
person
Rights-based approach principles
Chapter II: Definition of Terms
Defines Discrimination Against Women

in accordance with the Convention on the
Elimination of All Forms of Discrimination
Against Women (CEDAW).
Discrimination Against Women also
include:
any act or omission that directly or indirectly

excludes or restricts women in the recognition and
promotion of their rights and their access to and
enjoyment of opportunities, benefits, or privileges
measures or practices of general application that
fail to provide for mechanisms to offset or address
sex or gender-based disadvantages or limitations
of women, as a result of which women are denied
or restricted in the recognition and protection of
their rights
measures or practices of general application which
Defines marginalized sector to include

women in the following sectors and
groups:
- Small Farmers and Rural Workers
- Fisherfolk
- Urban Poor
- Workers in the Formal Economy
- Workers in the Informal Economy
- Migrant Workers
- Indigenous Peoples
- Moro
- Children
- Senior Citizens
- Persons with Disabilities
- Solo Parents
Defines the following terms:
Substantive Equality
Gender Equality
Gender Equity
Gender and Development (GAD)
Gender Mainstreaming
Temporary Special Measures
Violence Against Women (VAW)
Women in the Military
Social Protection
Chapter III: Duties Related to the Human Rights of

Women
Provides that the State, private sector,

society in general, and all individuals shall
contribute to the recognition, respect and
promotion of the rights of women defined
and guaranteed under the Act.
The Chapter also includes the following

sections:
The State as the Primary Duty-Bearer
Duties of the State Agencies and Instrumentalities
Suppletory Effect
Chapter IV: Rights and Empowerment
Human Rights of Women include all

rights in the Constitution and those
rights recognized under international
instruments duly signed and ratified
by the Philippines, in consonance with
Philippine law, which shall be enjoyed
without discrimination
Right to Protection from Violence

Incremental increase in the recruitment and
training of women in fields that provide
services for women victims of gender-related
offenses
Protection and security in situations of armed
conflict and militarization
Mandatory human rights and gendersensitivity training for all government
personnel involved in the protection and
defense of women against gender-based
violence
Establishment of VAW Desk in every
barangay

Right to protection and security in times
of disasters, calamities, and other crisis
situations
Right to participation and representation:
includes undertaking temporary special
measures and affirmative actions to
accelerate and ensure womens equitable
participation and representation in third
level civil service, development councils
and planning bodies, international bodies,
political parties, private sector, and other
policy and decision-making bodies.

Right
to equal treatment before

the law requires review and, if
necessary, amendment or repeal
of laws that are discriminatory to
women within three (3) years
from the effectivity of the MCW
Right to equal access and elimination of

discrimination in education, scholarships, and
training:
Use of gender-sensitive language and revision of
gender stereotypes and images in educational
materials and curricula
Encouraging enrollment of women in non-traditional
skills training in vocational and tertiary levels
Outlawing the expulsion and non-readmission of
women faculty due to pregnancy outside of
marriage
Prohibiting schools from turning out or refusing
admission to a female student solely on the account
of her having contracted pregnancy outside of
marriage during her term in school.

Participation of women and girls in
sports
Elimination of discrimination against
women in the military, police and other
similar services
Non-discriminatory and non-derogatory
portrayal of women in media and film
Chapter IV: Rights and

Empowerment
Right to Health
A. Comprehensive Health Services ensures

access to the following services:
Maternal care to include pre and post natal
services to address pregnancy and infant health
and nutrition
Promotion of breastfeeding
Responsible, legal, safe and effective methods of
family planning
Family and State collaboration in youth sexuality
education and health services

Empowerment
Right to Health
Prevention and management of RTI, STD and
HIV/AIDS
Prevention and management of reproductive tract
cancers and other gynecological conditions and
disorders
Prevention of abortion and management of
pregnancy-related complications

Empowerment
Right to Health

Services for survivors of VAW
Prevention and management of infertility and
sexual dysfunction pursuant to ethical norms and
standards
Care of the elderly women beyond their childbearing years
Management, treatment and intervention of
mental health problems or women and girls
Promotion of healthy lifestyle activities

Empowerment
Right to Health
B. Comprehensive health information and
education on all aspects of womens health
referred to in para. A, for women in all sectors,
with due regard to:
Natural and primary right and duty of parents in
rearing the youth
Formation of a persons sexuality that affirms
human dignity
Legal, ethical, safe and effective family planning
methods including fertility awareness

Empowerment
Special leave benefit of 2 months with

full pay following surgery caused by
gynecological disorders
Equal rights in all matters relating to

marriage and family relations
Chapter V: Rights and Empowerment

of Marginalized Sectors
Right to Food Security and Productive
Resources
Right to Housing
Right to Decent Work
Right to Livelihood, Credit, Capital, and
Technology
Right to education and Training
Right to Representation and Participation
Right to Information
Social Protection

Recognition and Preservation of Cultural Identity

and Integrity
Peace and Development
Participation in discussions and decision-making in the
peace process
Inclusion of womens concerns in the peace agenda
Consideration for the specific needs of women and girls
in the protection of civilians in conflict-affected
communities
Inclusion of peace perspective in education curriculum
Recognition and support for womens role in conflictpreventions, management and resolution and
peacemaking, and in indigenous systems of conflict
resolution

Services and Interventions for women in
especially difficult circumstances
Protection of Girl-Children
Protection of Senior Citizens
Recognition and protection of womens
rights defined under the MCW, including
right to non-discrimination
Prohibition of discrimination against
women
MINOR EMPLOYEES
RA 7610 as amended by RA 9231
CONSTITUTIONAL PROVISION:
Article II Section 13: The State recognizes the

vital role of the youth in the nation-building
and shall promote and protect their physical,
moral, spiritual, intellectual, and social wellbeing
Section 18: The State affirms labor as a

primary social economic force. It shall protect
the rights of workers and promote their
welfare
STATE POLICIES AND

PRINCIPLES
to provide special protection to children from all forms of abuse,

neglect, cruelty exploitation and discrimination and other
conditions, prejudicial 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;
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; and
every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.
Definition of terms
Children refers to person below eighteen

(18) years of age or those over but are unable
to fully take care of themselves or protect
themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition;
Child labor refers to any work or economic
activity performed by a child that subjects him
or her to any form of exploitation or is harmful
to his or her health and safety or physical,
mental or psychosocial development. Child
labor is prohibited and punishable by law
Circumstances which gravely threaten or endanger

the survival and normal development of children
Being in a community where there is armed

conflict or being affected by armed conflict-related
activities;
Working under conditions hazardous to life,

safety and normal which unduly interfere
with their normal development;
Living in or fending for themselves in the streets of

urban or rural areas without the care of parents or
a guardian or basic services needed for a good
quality of life;
Being a member of a indigenous cultural

community and/or living under conditions of
extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate
access to basic services needed for a good
quality of life;
Being a victim of a man-made or natural disaster
or calamity; or
Circumstances analogous to those above stated
which endanger the life, safety or normal
development of children.
Did you know?

There are roughly about 5.59 million
working children ages 5-17 years old.
Worst form of labor

1)
2)
3)
4)
All forms/practices of slavery;

Prostitution and pornography;
For illegal or illicit activities,
Hazardous activities or conditions
Did you know?

Central Luzon, Bicol, Western Visayas,
Northern Mindanao, and Central Visayas
are regions which has the highest
incidence of worst forms of child labor.
Hazardous activities and conditions

1. Work which exposes children to physical, psychological
or sexual abuse,
2. Work underground, under water, at dangerous heights or
at unguarded heights of two meters and above, or in
confined places.
3. Work with dangerous machinery, equipment and tools,
4. Work in an unhealthy environment which may expose
children to hazardous processes, to temperatures, noise
levels or vibrations damaging to their health,
5.
Work under particularly difficult conditions.

Did you know?
2.993 million child laborers are exposed
to hazardous conditions in the Philippines.
Hazardous activities and conditions
Instances when a child under 15

can be employed
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:
The following requisites must concur:

a) his employment neither endangers his life, safety and
health and morals, nor impairs his normal development;
and
b) the parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary
education
Did
you know?
60% of child laborers in the country are
in the agricultural sector.
2. Employment in public entertainment or

information
The following requisites must concur:
There must be an employment contract concluded

by the childs parents or legal guardian of said
child;
express agreement of the child concerned, if
possible
Said contract must be approved by the
Department of Labor and Employment.
There must be a work permit from DOLE
Did you know?
Between the ages of 5 to 7 years, one in
every six children has to work to earn a living
and help support his or her family
Requirements for hiring a minor

under 15:
1. The employer should comply with the Rules on hours

of work for minors;
2.
The employment must not endanger the childs
life, safety, health and morals, nor impair the childs
normal development;
3.
The employer must provide the child with at least
the mandatory elementary or secondary education;
and
4.
The employer must secure from the DOLE a work
permit for the child before engaging him to work.
HOURS OF WORK FOR A

Working Child.
below 15 y/o not more than 20hrs/ week;

not more than 4hrs/day;
*not allowed to work from 8pm-6am

15)y/o -18y/o not more than 40hrs/week;
not more than 8hrs/day
* not allowed to work from10pm-6am
Application FOR WORK PERMIT

Must be Verified and contains:
1.
Terms and conditions of employment
2.
Measures to ensure the protection,
health, safety, morals, and normal
development of the child,
Prohibition on the Employment of Children in

Certain Advertisements
No child below 18 years of age 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.
Did you know?

There are more laborer boys than
girls.
Discrimination
Art. 140 of the Labor Code Prohibits Against

Child Discrimation and states that No
employer shall discriminate against any
person in respect to terms and conditions of
employment on account of his age.
Who May File a Complaint
Offended party;
Parents or guardians;
Ascendant or collateral relative within the third
degree of consanguinity;
Officer, social worker or representative of a
licensed child-caring institution;
Officer or social worker of the DSWD;
Barangay chairman of the place where the
violation occurred, where the child is
residing or employed; or
At least three (3) concerned, responsible citizens
where the violation occurred."
Penalties
Any employer who violates provisions on conditions of

employment, and the prohibition on employment of this act
imprisonment of 6 months and 1 day to 6 years; or
fine of not less than P50,000.00 but not more than
P300,000.00; or
both at the discretion of the court.
Any person who violates the prohibition on worst form of

child labor or the employer of the subcontractor who
employs, or the one who facilitates the employment of a
child in hazardous work
imprisonment of not less than 12years and 1 day to 20
years; or
P1,000,000.00;or
both such fine and imprisonment at the discretion of the
court.
Any person who violates the prohibition of other

worst forms of labor
Penalty under "Anti-trafficking in Persons Act of 2003 or
"Comprehensive Dangerous Drugs Act of 2002, as the case
may be-- in its maximum period.
Parents and legal guardians found to be violating

provisions on conditions of employment and their
obligations.
P100,000.00, or be required to render community service for
not less than 30 days but not more than 1 year, or both such
fine and community service at the discretion of the court:
WHAT IF a person violated the provisions of this Act three (3)
times?
maximum length of community service shall be imposed , in
addition to the community service, the penalty of imprisonment
of 30 days but not more than 1 year or both at the discretion of
the court
Magna Carta for Domestic

Workers
Republic Act No. 10361: an Act Instituting Policies for the

Protection and Welfare of Domestic Workers, otherwise
known as Domestic Workers Act or Batas Kasambahay.
signed into law - 18 January 2013, effective 04 June 2013;
Considered as a landmark piece of labor and social

legislation
Recognizes for the first time domestic workers as similar to those
in the formal sector.
Strengthens respect, protection, and promotion of the rights and
welfare of domestic workers or kasambahay.
Coverage:
All kasambahay engaged in domestic work, whether on a
live-in or live-out arrangement, such as, but not limited
to, the following:
a. general househelp;
b. yaya;
c. cook;
d. gardener;
e. laundry person;
f.
working children or domestic workers 15 years and
above but below 18 years of age; or
g. any person who regularly performs domestic work in
one household on an occupational basis (live-out
arrangement).
Exclusions
a.
b.
c.
d.
Service providers;
Family drivers;
Children under foster family arrangement;
and
Any other person who performs work
occasionally or sporadically and not on an
occupational and regular basis.
Foster Care
Children under foster family arrangement:

Those living with a family or household of
relative/s and are provided access to
education and given an allowance incidental
to education, i.e., baon, transportation,
school projects, and school activities;
provided, that the foster family and foster
care arrangements are in compliance with
the procedures and requirements as
prescribed by Republic Act No. 10165 or
Foster Care Act of 2012.
Occasional or sporadic
work
A janitress doing irregular laundry work for
a household during rest day;
A construction worker doing casual
gardening job for a household; or
A hospital nurse or a student doing babysitting job.
Employable Age, and Conditions

At least 15 years old
conditions for employment of children 15
but below eighteen 18 years of age
a. Maximum of eight hours a day, 40 hours a

week;
b. Not allowed to work between 10 PM and 6 AM
of the following day;
c. No hazardous work; and
d. Allowed access to education and training.
Engagement or Pre-employment
Employer may hire direct or through a PEA
All expenses borne by employer
Employer and Domestic Worker must execute a written contract of
employment
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.
Rights of Kasambahays
SEC. 5.Standard of Treatment. No abuse or 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; at least three meals a day; safe & humane sleeping
arrangements; rest and assistance in case of illnesses and injuries sustained during service
without loss of benefits. Employer shall not withdraw 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.
SEC. 8.Access to Outside Communication. access to outside communication during free time,
except in case of emergency.
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.
Mandatory benefits
Monthly minimum wage
Daily rest period
Weekly rest period
5 days annual SIL with pay
13th month pay
SSS, Philhealth and Pag-IBIG coverage
Other rights
Copy of employment contract
Certificate of employment
Freedom from wage disposal interference
Right to form, join or assist labor
organizations
Religious freedom
Termination of employment
Protection for Employers

Right to require pre-employment documents
Recover deployment expenses
Forfeit 15-day unpaid salary for unjustified
departure
Termination of employment on justifiable
grounds
Demand replacement
Privileged communication
Termination of employment,
Kasambahay
Verbal or emotional abuse
Inhumane treatment
Commission of crime or offense
Violation of contract and other standards
Disease prejudicial to kasambahay,
employer or member of household
Analogous causes
Termination of employment,
Employer
Misconduct or willful disobedience in connection

with work
Gross or habitual neglect or ineptitude in
performance of duties
Fraud or willful breach of trust
Commission of a crime or offense against
employer or member of the family
Violation of terms and conditions or employment
Disease
Analogous causes
RA 10151
Removes prohibition of night work for
women (Article 130) and necessarily, the
rules on exceptions to the prohibition (Art.
131) of theLabor Code.
Inserts new chapter entitled Employment
of Night Workers
Employment of Night
Workers
Night worker
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. 154, LC as amended by RA 10151)
Any employed person whose work covers the period
10 oclock in the evening ot 6 oclock the following
morning provided that the worker performs no less
than seven consecutive hours of work (Sec. 2, DO
119-12)
Coverage of New Law
All persons, who shall be employed or permitted or

suffered to work at night, during a period of not less
than seven (7) consecutive hours, including the
interval from midnight to six oclock in the morning,
to be determined by the Secretary of Labor and
Employment
Exceptions: those employed

Agriculture
Stock raising
Fishing, maritime transport and inland navigation,
Rights of Night Workers

Right to free health assessment during the
following periods: [Article 155]
1. before taking up an assignment as a night
worker
2. at regular intervals
3. if they experience health problems during such
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.

Right to be transferred to a similar job which
they are fit to work, whenever practicable, if
found unfit for night work due to health reasons
[Article 157].
If night work is not practicable for the workers
concerned, they shall be granted the same benefits
as other workers who are unable to work, or to
secure employment during such period.
A night worker certified as temporarily unfit for
night work enjoys same protection against dismissal
or notice of dismissal as other workers who are
prevented from working for reasons ofhealth.
Right to employer-provided facilities

[Article 156]. Employers are required to
provide the following, subject to exceptions
as may be provided by the DOLE.
1. suitable first-aid facilities
2. safe and healthy working conditions
3. sleeping or resting quarters in the
establishment
4. transportation from the work premises to the
nearest point of their residence
Right ofpregnant women to alternatives to night

work during the following periods: [Article 158]
before and after child birth for at least 16weeks, to be divided
between the time before and after child birth
for additional periods, requiring a medical certificate stating
that said additional periods are necessary for the health of the
mother or child:
during pregnancy
during a specified time beyond the period, after

childbirth as allowed above, to be determined by DOLE.
Alternatives:
Transfer to day work where possible

Provision of social security benefits or
Extension ofmaternity leave.
Right ofpregnant women to alternatives to

night work during the following periods: [Article
158], cont.
Nothing in RA 10151 shall have the effect of reducing the
protection and benefits connected with maternity leave
under existing laws.
Right of pregnant women against dismissals and

diminution of benefits on account of pregnancy,
child birth, and child care responsibilities [Article 158]
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.
Pregnant women and nursing mothers may

he allowed to work at night:
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.
Right to be regularly consulted on the

following: [Article 161]:
schedules and the forms of organization of night work
that are best adapted to the establishment and its
personnel
the occupational health measures and social services
The employer is required to consult on a regular

basis the workers representatives/labor
organizations concerned, before introducing
work schedules requiring the services of night
workers.
Employment of Night
Workers
Imposable penalties
Any violation ofR.A. 10151and its Implementing
Rules and Regulations shall be punished with a
fine of not less than Thirty Thousand Pesos
(PhP30,000) nor more than Fifty Thousand Pesos
(PhP50,000) or imprisonment of not less than six
(6) months, or both, at the discretion of the court.
If the offense is committed by a corporation, trust,
firm, partnership or association, or other entity,
the penalty shall be imposed upon the guilty
officer or officers of such corporation, trust, firm,
partnership or association, or entity.
Coverage, Rule XII, Sec. I
Night Work/Exception, ILO Convention 89 (1948); RA No. 10151 repealed Arts. 130-131; 154, 158

Prohibited Acts
Discrimination, ILO Conventions 100 (1951) and 111 (1958); CEDAW Art. 11; Art. 135; RA No. 9710, Secs. 2, par. 2 & 12
Stipulation Against Marriage, Art. 136
Phil. Telegraph and Telephone Co. v. NLRC, supra
Duncan Association of Detailman-PTGWO v. Glaxo Wellcome Philippines, Inc., 438 SCRA 343 (2004)
Discharge to Prevent Employment of Benefits, Art. 137 (1)
Discharge on Account of Pregnancy or Fear of Getting Pregnant, Art. 137 (2), (3)
Discharge on Account of Testimony, Rule XII, Sec. 13 (d)
Expulsion of Women Faculty Due to Pregnancy Outside of Marriage, RA No. 9710, Sec. 13 (c)
Facilities and Safe Working Conditions, Art. 132; Rule XII, Sec. 14; RA 9710, Sec. 22 (b) & Impl. Rules of RA 9710, Secs. 18 A9 (b), 25 A2 & 3
Family Planning Services, 134; Rule XII, Sec. 11; RA 9710, Secs. 17, 22 (b); Impl. Rule of RA 9710, Secs. 20 A3, 25 A3
Special Women Workers, 138; Rule XII, Sec. 4

Leaves and other Benefits

1) Maternity Leave, Social Security Law of 1997 (RA 1161, as
amended by RA 8282), Sec. 14-A, RA 828

2) Victim Leave, RA 9262, Secs. 3, 43; Impl. Rules, Rule VI, Sec. 42; RA 9710, Secs. 4 (k), 17 (a) 8)

3) Special Leave Benefits (for Gynecological Disorders), RA 9710, Sec. 18; Impl. Rules, Rule II, Sec. 7 T & Rule IV, Sec. 21; DO 112A, Series of 2012
(amending DO 112-11)

Sexual Harassment (RA 7877)

Philippine Aelous Automotive United Corp. v. NLRC, 331SCRA 237 (2000)
Domingo v. Rayala, 546 SCRA 90 (2008)

Working Conditions for Special Group of Workers
Wo me n
Re ferenc es: Arts. 130-138; Omnibus Rules, Book III, Rule XII, S ec. 1; Constitution, Arts. II, S ec. 13 & XIII, Sec. 14; Wo men in Deve lopme nt and Natio n B uilding Act (RA 7192); Anti-S exual Harassment Act of 1995 (RA 7877); Anti-Violence Against Wome n and Their Children Ac t of 2004 (RA 9262); The Magna C arta o f Women (RA 9710)
Re flectio n Paper/Guide Que stions: Do the provisions on the Employment of Women Engende r Equality? Wha t amendments would you pro pose to make them gender-fa ir and gende r-friendly?
Equality: Formal Equality vs. S ubstantive Equality
Re adings:
B artlett, Katha rine, Gender Law, in Duke Journal of Ge nder Law and Polic y (1994)
Fo rmal Equality and Substa ntive Equality in the Textboo k on Gender and the Law by Angela Harris
B aldoz , Rosalinda, Job discrimination a gainst women in the work environment: the Philippine setting, PLR, Vol. 24, No. 1 (2000).
Wo me n under the C onstitution, Art. II, S ec. 14; Art XIII, Se c 14
Philippine Ass ociatio n of S ervice Exporters v. Drilon, 163 SCRA 386 (1988)
Phil. Tele graph and Tele phone Co. v. NLRC , 272 SC RA 596 (1997)
C overage, Rule XII, Sec . I
Night Wo rk/Exception, ILO Conventio n 89 (1948); RA No. 10151 re pealed Arts. 130-131; 154, 158
Prohibite d Acts
Discrim ination, ILO Conventions 100 (1951) and 11 1 (1958); CEDAW Art. 11; Art. 135; RA No. 9710, Secs. 2, par. 2 & 12
Stipulation Against M arriage, Art. 13 6
Phil. Tele graph and Tele phone Co. v. NLRC , supra

Duncan Assoc iation of Detailman-PTGWO v. Glaxo Wellc ome P hilippines, Inc., 438 S CRA 343 (2004)
Discharge to Prevent Employ ment of Benefi ts, Art. 137 (1)

Discharge on Account of Preg nancy or Fear of G etting Pregnant, Art. 137 (2 ), (3)
Discharge on Account of Testimony, Rule XII, Sec. 1 3 (d)

Expulsion of Women Faculty Due to Pregnancy Outside of M arriage, RA No. 9710, Sec. 13 (c)
Fa cilities and Safe Working Conditions, Art. 132; Rule XII, S ec. 14; RA 9710, S ec. 22 (b) & Impl. Rule s o f RA 9710, S ecs. 18 A9 (b), 25 A2 & 3
Fa mily Planning Services, 134; Rule XII, Sec. 11; RA 9710, Se cs. 17, 22 (b); Impl. Rule of RA 9710, Sec s. 20 A3, 25 A3
S pecial Wo me n Worke rs, 138; Rule XII, S ec. 4
Leave s a nd other Be nefits
1) Mate rnity Leave , Soc ial Security La w of 1997 (RA 1161, as

amended by RA 8282), S ec. 14-A, RA 828
2) Victim Leave, RA 9262, Secs. 3, 43; Impl. Rules, Rule VI, Sec . 42; RA 9710, S ecs. 4 (k), 17 (a) 8)
3) Spec ial Le ave Benefits (for Gynecological Disorders), RA 9710, S ec. 18; Impl. Rules, Rule II, Sec. 7 T & Rule IV, Sec . 21; DO 112A, Series of 2012 (ame nding DO 112-11)
S exual Harassment (RA 7877)
Philippine Aelo us Automotive United Co rp. v. NLRC, 331SC RA 237 (2000)

Domingo v. Ra yala , 546 SC RA 90 (2008)
2. Minors
Refe re nces: Arts 139-140; Omnibus Rules, B ook III, Rule XII, Se cs. 2-3; S pecial Protection of C hildren Act o f 2003 (RA 7610, as a me nded by RA 9231); DO No. 65-04; De pt. Circ ular No. 3, S. 2009; ILO Co nvention Nos.130 and182 (1999); ILO Recommendation No. 190
Minors under the Co nstitution, Art. II, Sec . 13, 18; Art. XV, Sec. 3 (2)
C overage, RA 9231, S ec. 2, par. 3 on Se c. 12; Rule XII, Sec . 1; DO No. 65-04, Sec. 3
Child, DO No. 65-04, Sec. 3 (a)

Child Labor, DO No. 65-04, Sec. 3 (b)
Working Child, DO No. 65-04, Sec. 3
Minimum Employable Age, ILO Conve ntion 138 (1973); Art. 139; RA 7610, as a me nded by RA No. 9231, S ecs. 12-16; DO No. 65-04, S ecs. 5, 6
Hours o f Work, RA 9231, Se c. 3 on Sec. 12-a
Prohibitions Against Worst Forms of Child Labor, ILO Conve ntion 182 (1999); RA 9231, Sec . 3 on Sec. 12-d; Se c 5 on sec. 14; DO No. 65-04, S ec. 5
Discrimina tion, Art. 140
Jurisdiction, S ec. 9 o n S ec. 16-A
3. Domestic Worke rs or Ka sambahay (formerly Househe lpers)
Re ferenc es: RA 10361 & IRR; Arts. 141-152 & Omnibus Rules, Bo ok III, Rule XIII; C ivil Co de, Arts. 141-152; ILO Conve ntion 189 & ILO Reco mmendatio n 201
D eclaration of Policies, Art. 1, Sec. 2
C overage, Art. I, S ec. 3
D efi nition, Art. I, S ecs. 4 (c), (d), (f)

Em ploym ent Age, Art. III, Sec. 16
Pre-Em ploym ent Prohibitions, Secs. 13, 14, 15
Em ploym ent Contract, Art. III, Sec. 11
Em ployer s Reportorial Du ties, Art. III, Sec. 17

R ights and Privileges, Art. II, Secs. 5, 6, 7, 8, 9
Standa rd of Treatm ent, Art. II, Sec. 5
Board and Lodging and Medical Attendance, Art. II, Sec. 6

Guara ntee of Privacy , Art. Sec. 7
Access to Outside Com m unication, Art. II, Se c. 8
Right to Education and Training, Art. II, Sec. 9

Wage, Art. IV, Secs. 24, 25 1 st and 3 rd sentences, 26
Wage Prohibitions
Charging by the original employer fo r tem porary d omestic service, Art. IV, Sec. 23, 4 t h sentence
Deductions other tha n those m andated by law, Art. IV, Secs. 25 2 nd sentence, 27, 28
Payment in forms other than cash, Art. IV, Sec. 25, 3rd sentence
Interference in the disposal of w age s, Art. IV, Sec. 27
Withholding o f Wages, Art. IV, Sec. 28

13th Month Pay; SSS and other Benefi ts, Art. IV, Sec. 25 par. 2, 30
D uty and N on-Assignm ent to Nonhousehold, Secs. 22, 23
Fe rnando Co v. Lina B . Vargas, 660 SCRA 451 (2011)
Rest Periods and Leave Be nefi ts, Art. IV, Secs. 20, 21, 2
H ealth & Safety, Art. IV, S ec. 19
Term ination of Service

Fixed D uration, Art. V, Sec. 32 par. 1
Not Fixed, Art. V, Sec. 32 pa r. 2
G rounds for Term ination

Initiated by the Dome stic Worker, Art. V, Sec. 33
Initiated by the Employer, Art. V, Sec. 34
Mutually Agre ed, Art. V., Sec. 32, par. 3

Em ploym ent Certifi cation, Art. V, Sec. 35
Prohibition Against Privileged Com munication, Art. II, Sec. 10
Rem edies
Rescue and Rehabilita tion of Abused Domestic Worker, Art. IV, Sec. 31
Mechanism for Settlement o f Disputes

Jurisdiction of the DO LE Regio nal Offi ce, Art. VII, Sec. 37, par. 1
Jurisdiction of Regular Courts, Art. VII, Sec. 3 7, par. 2

Penalty, Art. IX, Sec. 40
t. Araw ng mga Kas ambahay: 18 January 2013, Art. VIII, Sec. 39
u. Employers Right to Privileged Co mmunica tion, Art. II, S ec. 10
4. Homeworke rs
Refe re nce: DO No. 5, DOLE, 4 Feb. 1993, now Bo ok III, Rule XIV
a. Cove rage a nd Regulatio n, Arts. 153-155; DO 5, now B ook III, Rule XIV, S ec. 1
b. Definition, DO No. 5, Sec . 2
c. Registration, S ecs. 4-6
d. Conditions of Employment/Deductio ns, Se cs. 6-9
e. Joint and Se ve ra l Lia bility of Employer/Co ntra ctor, Sec . 11
Prohibitions, S ec. 13
Enforcement, Sec. 10
5. Night Worke rs
Refe re nce: RA 10151 (Arts. 154-161)
C overage and Exception, Art. 154, par. 1

b. Definition, Art. 154, par. 2
c. Rights
Health Asse ss me nt, Art. 155
Mandato ry Suitable First-a id Fac ilities, Art. 156
Transfer, Art. 157
Wo me n Night Workers, Art. 158
C ompensation, Art. 159
S ocial S ervice s, Art. 160
C onsultation o n Night Work Sche dules, Art. 161
Employee Classification
References: Arts. 280-281, Book VI, Rule 1, Secs. 1, 5, 6

Coverage, Art. 278
Employer Recognition: Pangilinan v. General Milling Corporation, 434 SCRA 159 (2004)
Employer Determination/Designation:
Violeta v. NLRC, 280 SCRA 520 (1997)
San Miguel Corporation v. NLRC, 297 SCRA 277 (1998)
Kinds of Employee
a. Regular Employees, Art. 280, 1 st par.; 280, 2nd par.; 281, last sentence; 75(d); Omnibus Rules, Book VI, Rule 1, Secs. 5(a), (b) and 6.
1) Definition
Pangilinan v. General Milling Corporation, supra
2) Nature of Work
Hacienda Fatima v. National Federation of Sugarcane Workers Food and General Trade, 396 SCRA 518 (2003)
Romares v. NLRC, 294 SCRA 411 (1998)
3) Extended Period
Audion Electric co., Inc. v. NLRC, 308 SCRA 340 (1999)
4) Repeated Renewal of Contract
Maraguinot v. NLRC, 284 SCRA 539 (1998)
Project Employee, Art. 280, 1 st par.; Policy Instruction No. 20 (1977); DOLE D.O. No. 19 (1993)
1) Definition
Hanjin Heavy Industries & Construction Co. v, Ibaez, 329 SCRA 357 (2000)
2) Project Employees
Villa v. NLRC, 284 SCRA 105 (1998)

Hanjin Heavy Industries & construction v. Ibanez, 555 SCRA 537 (2008)
William Uy Construction Corp. v. Trinidad, 615 SCRA 180 (2010)
Macarthur Malicdem and Hermenigildo Flores v. Marulas Industrial Corporation and Mike Mancilla, G.R. No. 204406, February 26, 2014
Workpool Employees
J & D.O. Aguilar Corp. v. NLRC, 269 SCRA 596 (1997)

Maraguinot v. NLRC, supra
Casual, Art. 280, 2 nd par.; Omnibus rules, Book VI, Rule 1, Sec. 5 (b)
1) Nature of Work
A.M. Oreta and Co. Inc. v. NLRC, 176 SCRA 218 (1989)
2) One Year Service
Integrated Contractor and Plumbing Works, Inc. v. Court of Appeals, 466 SCRA 544 (2005)
Fixed-Term
Brent School v. Zamora, 181 SCRA 702 (1990)

Lynvil Fishing Enterprises, Inc. v. Andres G. Ariola, et al., 664 SCRA 679 (2012)
Seasonal
Hacienda Bino/Hortencia Starke, Inc. v. Cuenca, 456 SCRA 300 (2005)
Probationary, Art. 281; 61, 2nd sentence; Book VI, Ruli I, Secds. 2, 3, 4, 5, 6; Art. 75 (d)
1) Definition
Philippine Federation of Credit Cooperatives, Inc. v. NLRC, 300 SCRA 72 (1998)

Cebu Marine Beach Resort v. NLRC, 414 SCRA 173 (2003)
2) Employer Right to Set Period/Obligation
Orient Express Placement Philippines v. NLRC, 273 SCRA 256 (1997)
3) Duration; Exception
Cathay Pacific Airways, Limited v. Marin, 501 SCRA 461 (2006)

Canadian Opportunities Unlimited, Inc. v. Bart Q. Dalangin, 665 SCRA 21 (2012)
4) Criteria Regularization
Armando Aliling v. Feliciano, et al., 671 SCRA 186 (2012)

Mylene Carvajal v. Luzon Development Bank and/or Ramirez, 678 SCRA 132 (2012)
UNIVAC Development, Inc. v. William M. Soriano, 699 SCRA 88 (2013)
5) Extension of Contract
Mariwasa Manufacturing, Inc. v. Leogardo, 169 SCRA 465 (1989)
6) Absorbed Employees
Cebu Stevedoring Co. Inc. v. Regional Director, 168 SCRA 315 (1988)
7) Rule on Private School Teachers
La Consolacion College v. NLRC, 366 SCRA 226 (2001)

Colegio del Santisimo Rosario and Sr. Zenaida S. Mofada, OP v. Emmanuel Rojo, 705 SCRA 63 (2013)
Security of Tenure &

Kinds of
Employment
Security of Tenure
Defined: The constitutional right granted
the employee that the employer shall not
terminate the services of an employee
except for JUST CAUSE, or when
AUTHORIZED BY LAW.
It extends to regular (rank and file,
managerial) as well as non-regular
employment (probationary, seasonal,
project)
Applies as protection from unwarranted and
unconsented demotion and transfer
Kinds and Forms of Employment
Article 294 (280)
Regular
Casual
Project
Seasonal
Other forms
Fixed Period
Probationary
Regular Employment
Employee has been engaged to perform
activities which are usually necessary or
desirable in the usual business or trade of
the employer;
One year of service has been rendered,
whether continuous or broken, with respect
to the activity in which he is employed;
Employee must be allowed to work after probationary

period in both instances.
Determining Regular
Status
Nature of Work Test Whether or not there is
reasonable connection between the particular
activity performed by the employee in relation
to the usual business or trade of the employer
Period of Service Test Employees length of
service is at least one year, whether
continuous or broken
Probationary Employee Test Whether or not
the employee is allowed to work after the
lapse of the probationary period.
Cases:Regular
Employment
ABS-CBN vs. Marlyn Nazareno (26 Sept. 2006)

Fabela vs. SMC, (Feb. 28, 2007)
De Leon vs NLRC, (176 SCRA 615)
Hacienda Fatima, (Jan. 28., 2003)
Employer Recognition: Pangilinan v. General Milling Corporation,
434 SCRA 159 (2004)
Hacienda Fatima v. National Federation of Sugarcane Workers Food

and General Trade, 396 SCRA 518 (2003)
Audion Electric co., Inc. v. NLRC, 308 SCRA 340 (1999) extended
period
Maraguinot v. NLRC, 284 SCRA 539 (1998) repeated renewal
Cases:Regular
Employment
ABS-CBN vs. Marlyn Nazareno (26 Sept. 2006)

Fabela vs. SMC, (Feb. 28, 2007)
De Leon vs NLRC, (176 SCRA 615)
Hacienda Fatima, (Jan. 28., 2003)
Employer Recognition: Pangilinan v. General Milling Corporation, 434 SCRA 159 (2004)
Kinds of Employee
a. Regular Employees, Art. 280, 1st par.; 280, 2nd par.; 281, last sentence; 75(d); Omnibus Rules, Book VI, Rule 1, Secs. 5(a), (b) and 6.
1) Definition
2) Nature of Work
3) Extended Period
Casual Employment
Employee has been engaged to perform
activities which are NOT necessary or
desirable in the usual trade or business of
the employer
Once a casual employee has rendered at
least one year of service, his status
becomes REGULAR; no appointment or
declaration necessary
The purpose of this rule is to honor the

constitutional guarantee of security of tenure and
right to self-organization
Cases: Casual Employment

Conti vs. NLRC
Baguio Country Club vs. NLRC
Project Employment
Employee has been engaged for a SPECIFIC

project or undertaking
the completion or termination of the project has
been determined at the time of engagement of
the employee
REGULAR STATUS vested when
Continuous re-hiring of project employees even after
the cessation of a project for the same tasks or nature
of tasks (Tomas Lao Const. vs. NLRC, 276 SCRA)
Tasks performed by project employee are vital,
necessary and indispensable to the usual business or
trade of the employer
Project Employees
Exodus International Construction Corporation, et al. v.

Guillermo Biscocho, et al., G.R. No. 166109, Feb. 2011:
Two types of employees in the construction industry:
Project employees or those employed in connection with a
particular construction project or phase thereof and such
employment is coterminous with each project or phase of the
project to which they are assigned.
Non-project employees or those employed without reference to any
particular construction project or phase of a project; when one
project is completed, employees are automatically transferred to
the next project awarded to employer. There was no employment
agreement given employees which clearly spelled out the duration
of their employment and the specific work to be performed and
there is no proof that they were made aware of these terms and
conditions of their employment at the time of hiring.
Project Employees: Security of

Tenure
No dismissal before completion of project,
except for just or authorized cause;
Must comply with procedural requirements;
No need for notice of termination upon the
expiration of project period;
Project Employees: Security of

Tenure
Prior to dismissal, report must be made to

the nearest employment office of the
termination of services every time project is
completed.
Fixed Period Employment

Employment is for a pre-determined period
established at the time of engagement
(Read St. Theresas School of Novaliches vs.
NLRC, 289 SCRA 110)
Employees duties are usually necessary
and desirable to the usual business or trade
of the employer
Fixed Period Employment:

Validity
1.
2.
fixed period of employment was knowingly and

voluntarily agreed upon by the parties without
any force, duress, or improper pressure being
brought to bear upon the employee and absent
any other circumstances vitiating his consent; or
It satisfactorily appears that the employer and
the employee dealt with each other on more or
less equal terms with no moral dominance
exercised by the former or the latter. (Lynvil
Fishing Enterprises, Inc. vs. Andres G.
Ariola, et al., G.R. No. 181974, Feb. 2012)
Probationary Employment
Employer required to inform the probationary

employee of such reasonable standards at the time
of his engagement, not at any time later; else, the
latter shall be considered a regular employee. (Section 6,
Implementing Rules of Book VI, Rule VIII-A, Labor Code)
Purpose:
Employer observes the fitness, propriety and efficiency of a
probationer to ascertain whether he is qualified for permanent
employment,
Employee seeks to prove he has the qualifications to meet the
reasonable standards for permanent employment.
Length of time the probation depends on the parties

agreement, but not to exceed six (6) months under Article
295 (281) of the Labor Code.
Probationary Employment
Cases
Canadian Opportunities Unlimited, Inc. vs. Bart Q.
Dalangin, Jr., G.R. No. 172223, February 6, 2012.
Armando Ailing vs. Jose B. Feliciano, Manuel F. San
Mateo III, et al., G.R. No. 185829. April 25, 2012.
Seasonal Employment
Work or service is seasonal in nature and
the employment is for the seasons duration
Considered as regular if re-engaged after
one season
Seasonal employees not laid off during the
end of season, simply on leave w/o pay until
re-employment
Relationship is only suspended, not severed
Seasonal Employment
Work or service is seasonal in nature and
the employment is for the seasons duration
Considered as regular if re-engaged after
one season
Seasonal employees not laid off during the
end of season, simply on leave w/o pay until
re-employment
Relationship is only suspended, not severed
Management
Prerogative
Management Prerogatives
Our laws recognize and respect the exercise by management of
certain rights and prerogatives. For this reason, courts often
decline to interfere in legitimate business decisions of
employers. In fact, labor laws discourage interference in
employers judgment concerning the conduct of their business.
(Philippine Industrial Security Agency Corporation vs. Aguinaldo,
G. R. No. 149974, June 15, 2005; Mendoza vs. Rural Bank of
Lucban, G.R. No. 155421, July 7, 2004).
An employer can regulate, generally without restraint,
according to its own discretion and judgment, every aspect of
its business. (Deles, Jr. vs. NLRC, G. R. No. 121348, March 9,
2000).
This privilege is inherent in the right of employers to control and
manage their enterprise effectively. (Mendoza vs. Rural Bank of
Lucban, G.R. No. 155421, 07 July 2004).
Extent of management
prerogatives
regulate and control all aspects of employment in their

business organizations. Such aspects of employment
include hiring, work assignments, working methods,
time, place and manner of work, tools to be used,
processes to be followed, supervision of workers,
working regulations, transfer of employees, work
supervision, lay-off of workers and the discipline,
dismissal and recall of workers. (Philippine Airlines,
Inc. vs. NLRC, G. R. No. 115785, Aug. 4, 2000).
Management retains the prerogative to change the
working hours of its employees. (Sime Darby
Pilipinas, Inc. vs. NLRC, G.R. No. 119205, 15 April 1998,
289 SCRA 86).
Extent of management
prerogatives
A transfer means a movement (1) from one position to
another of equivalent rank, level or salary, without a break
in the service; or (2) from one office to another within the
same business establishment. (Sentinel Security Agency,
Inc. vs. NLRC, G. R. No. 122468, Sept. 3, 1998).
Prerogative of management to transfer an employee from
one office to another within the business establishment
upheld, provided
1. There is no demotion in rank or diminution of salary, benefits, and

other privileges, and;
2. Action is not motivated by discrimination, made in bad faith, or
effected as a form of punishment or demotion without sufficient
cause. (Mendoza vs. Rural Bank of Lucban, G. R. No. 155421, July
7, 2004; Benguet Electric Cooperative vs. Fianza, G. R. No.
158606, March 9, 2004).
Transfer, tests
1.
2.
3.
Must be exercised without grave abuse of

discretion
Basic elements of justice and fair play adhered to.
Employer must be able to show that the transfer
is not unreasonable, inconvenient or prejudicial to
the employee, otherwise, the employees transfer
is tantamount to constructive dismissal. (The
Philippine American Life and General
Insurance Co. vs. Gramaje, G. R. No. 156963,
Nov. 11, 2004; Globe Telecom, Inc. vs.
Florendo-Flores, G. R. No. 150092, Sept. 27,
2002).
Transfer
William Endeliseo Barroga vs. Data Center

College of the Philippines, et al., G.R. No.
174158, June 2011
Constructive dismissal is quitting because continued
employment is rendered impossible, unreasonable or
unlikely, or because of a demotion in rank or a
diminution of pay. It exists when there is a clear act of
discrimination, insensibility or disdain by an employer
which becomes unbearable for the employee to
continue his employment.
It is management prerogative for employers to transfer
employees on just and valid grounds such as genuine
business necessity, e.g. financial constraints
No vested right in position
An employee has a right to security of

tenure, but this does not give her such a
vested right in a position as would deprive
the employer of its prerogative to change
employee assignments or transfers where
the employees service will be most
beneficial to the employers client.
No vested right in position
Cases
OSS Security & Allied Services, Inc., vs.
NLRC, G. R. No. 112752, Feb. 9, 2000
Tan vs. NLRC, 299 SCRA 169, 180 [1998]
Chu vs. NLRC, G. R. No. 106107, June 2, 1994
Justified Refusal to
Transfer
Transfer directed by employer under

questionable circumstances
Transfer ordered during height of union activities
Used as a subterfuge to get rid of an undesirable
employee
Transfer is patently whimsical or vindictive
Justified Refusal to
Transfer
Cases
Union activities - Yuko Chemical Industries vs.
Ministry of Labor & Employment (GR No. 75656,
May 28, 1990)
No notice of transfer as condition for training Zafra vs. Court of Appeals (GR No. 139013,
September 17, 2002)
Whimsical or vindictive transfer - Damasco vs.
NLRC (GR No. 115755, December 4, 2000)
Valid Transfers
In general, transfers not characterized by

grave abuse of discretion or bad faith are all
valid. The worker cannot refuse for any of the
following grounds:
Additional expense and travel time (Genuino Ice
Company vs. Magpantay, GR No. 147790, June 27,
2006)
Parental obligations (Tinio vs. CA, GR No. 171764,
2007)
Anxiety
Home base (PT&T Corp. vs. Laplana, GR No.
76645, July 23, 1991)
Valid Transfers
Those directed
By contractual stipulation (Abbott Labs vs. NLRC,
GR No. 76959, Oct. 12, 1987)
Standard Operating Procedure
Company Policy
Order of the Government (Bisig Manggagawa ng.
Tryco vs. NLRC, GR No. 151309, Oct. 15, 2008)
Guidelines of Government Organs (BSP Circular
mandating rotation of bank employees
Valid Transfers
To avoid conflict of interest (Duncan
Association of Detailman PTGWO vs. Glaxo
Wellcome Phils., GR No.162994, September
17, 2004)
By reason of abolition of position (Beneco
vs. Fianza, 158606, March 9, 2004)
Promotion
Advancement from one position to another,
involving an increase in duties and
responsibilities authorized by law AND
increase in compensation and benefits.
Mere increase in salary should not be
determinative of promotion, as the increase
is merely incidental.
Promotion vs. Transfer

Promotion involves a scalar ascent in rank
or position
Transfer involves lateral movement to the
same rank and salary
Promotion vs. Transfer

A promotion can be refused, and it will not
result in punishment
A transfer directed in good faith and in the
exercise of management prerogative cannot
be refused without pain of sanction
A promotion that results from a transfer
requires the consent of the employee
Termination of
Employment
Constitutional vs. Statutory Due

Process
Agabon vs. NLRC (GR No. 158693, Nov. 27,

2004)
Constitutional due process protects the individual
against the government
Statutory due process protects the worker from
unjust termination of employment except for just
cause after notice and hearing
Requirements for Valid

Dismissal
Substantive Due Process: Valid Causes

Just Cause
Authorized by Law
Procedural Due Process:

Written notice of the charge/s
Opportunity to be heard
Hearing
Conference
Written notice of termination
Due Process
Skippers United Pacific, Inc. and Skippers Maritime

Services, Inc. Ltd. vs. Nathaniel Doza, et al. (GR
No. 175558, Feb. 2012)
Substantive due process - Legality of the act of dismissal.
Procedural due process - Legality of the manner of
dismissal. consists of twin requirements: notice and hearing.
Employer must furnish employee with two written notices
before termination of employment:
1st notice apprises the employee of the particular acts or
omissions for which his dismissal is sought;
2nd notice informs the employee of the employers decision to
dismiss him.
Before issuance of second notice, a hearing must be complied
with by giving the worker an opportunity to be heard.
Due Process
Substantive due process requires that

dismissal by the employer be made based
on a just or authorized cause under Articles
282 (296) to 284 (298) of the Labor Code.
Procedural Due Process - Notice

Notice issued prior to commission of offense does not
satisfy requirement (Janssen Pharmaceutica vs. Silayro,
GR 172528, Feb. 26, 2008)
Service of notice is a mandatory requirement
Notice must be in writing (no form necessary)
Must not only state the policy violated, but the corresponding
penalty of dismissal imposable thereon (Cruz vs. Coca-Cola, GR
No. 165586)
Must state that dismissal is sought
Charges stated in general terms invalid
Employee must be dismissed on same grounds stated

in first notice
Changing of ground for dismissal indicates lack of basis
Invalid Notices
Warning letters (Skippers United Pacific vs.
Maguad, GR No. 166363, August 15, 2006)
Affidavit narrating incident (Asian Terminals
vs. Marbella, GR No. 149074, August 10,
2006)
First notice pertains to a different incident
from the offense for which employee is
dismissed (Wah Yuen Restaurant vs. Jayona,
GR No. 159448, Dec. 16, 2005)
Instances when hearing not

necessary (Just Causes)
Employees admission
Termination due to abandonment
Burden of Proof & Quantum of

Evidence
Employer has burden of proof in showing
dismissal was not illegal (Limketkai Sons
Milling vs. Llamera, GR No. 152514, July 12,
2005)
Substantial proof, not clear and convincing
evidence.
Substantial Evidence
Clear and Convincing

Evidence
That amount of relevant

evidence which a reasonable
mind might accept as adequate
to justify a conclusion
A medium level of burden of

proof which is a more rigorous
standard to meet than the
preponderance of evidence
standard, but less than proof
beyond reasonable doubt.
Cases
Lynvil Fishing Enterprises v. Andres Ariola,
et al., GR No. 181974, February 1, 2012
Armando Ailing vs. Jose Feliciano, Manuel F.
San Mateo III, et al., GR No. 185829, April
25, 2012
L. Employee Classification, Art. 280-281, Book VI, Rule
References: Arts. 280-281, Book VI, Rule 1, Secs. 1, 5, 6
Coverage, Art. 278
Employer Recognition
Pangilinan v. General Milling Corporation, 434 SCRA 159 (2004)
Employer Determination/Designation

Kinds of Employee
a. Regular Employees, Art. 280, 1st par.; 280, 2nd par.; 281, last sentence; 75(d); Omnibus Rules, Book VI, Rule 1, Secs. 5(a), (b) and 6.
1) Definition
2) Nature of Work
3) Extended Period
Project Employee, Art. 280, 1st par.; Policy Instruction No. 20 (1977); DOLE D.O. No. 19 (1993)
1) Definition
Hanjin Heavy Industries & Construction Co. v, Ibaez, 329 SCRA 357 (2000)
2) Project Employees
Villa v. NLRC, 284 SCRA 105 (1998)

Hanjin Heavy Industries & construction v. Ibanez, 555 SCRA 537 (2008)
William Uy Construction Corp. v. Trinidad, 615 SCRA 180 (2010)
Macarthur Malicdem and Hermenigildo Flores v. Marulas Industrial Corporation and Mike Mancilla, G.R. No. 204406, February 26, 2014
Workpool Employees
J & D.O. Aguilar Corp. v. NLRC, 269 SCRA 596 (1997)

Maraguinot v. NLRC, supra
Casual, Art. 280, 2nd par.; Omnibus rules, Book VI, Rule 1, Sec. 5 (b)
1) Nature of Work
A.M. Oreta and Co. Inc. v. NLRC, 176 SCRA 218 (1989)
2) One Year Service
Integrated Contractor and Plumbing Works, Inc. v. Court of Appeals, 466 SCRA 544 (2005)
Fixed-Term
Brent School v. Zamora, 181 SCRA 702 (1990)

Lynvil Fishing Enterprises, Inc. v. Andres G. Ariola, et al., 664 SCRA 679 (2012)
Seasonal
Hacienda Bino/Hortencia Starke, Inc. v. Cuenca, 456 SCRA 300 (2005)
Probationary, Art. 281; 61, 2nd sentence; Book VI, Ruli I, Secds. 2, 3, 4, 5, 6; Art. 75 (d)
1) Definition
Philippine Federation of Credit Cooperatives, Inc. v. NLRC, 300 SCRA 72 (1998)

Cebu Marine Beach Resort v. NLRC, 414 SCRA 173 (2003)
2) Employer Right to Set Period/Obligation
Orient Express Placement Philippines v. NLRC, 273 SCRA 256 (1997)
3) Duration; Exception
Cathay Pacific Airways, Limited v. Marin, 501 SCRA 461 (2006)

Canadian Opportunities Unlimited, Inc. v. Bart Q. Dalangin, 665 SCRA 21 (2012)
4) Criteria Regularization
Armando Aliling v. Feliciano, et al., 671 SCRA 186 (2012)

Mylene Carvajal v. Luzon Development Bank and/or Ramirez, 678 SCRA 132 (2012)
UNIVAC Development, Inc. v. William M. Soriano, 699 SCRA 88 (2013)
5) Extension of Contract
Mariwasa Manufacturing, Inc. v. Leogardo, 169 SCRA 465 (1989)
6) Absorbed Employees
Cebu Stevedoring Co. Inc. v. Regional Director, 168 SCRA 315 (1988)
7) Rule on Private School Teachers
La Consolacion College v. NLRC, 366 SCRA 226 (2001)

Colegio del Santisimo Rosario and Sr. Zenaida S. Mofada, OP v. Emmanuel Rojo, 705 SCRA 63 (2013)

Labor Law 1 New Curriculum

Încărcat de

Informații document

Titlu original

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Labor Law 1 New Curriculum

Încărcat de

Drepturi de autor:

Formate disponibile

Labor Law 1

University of the Cordilleras

familiar knowledge of any art or science, and

Social, Labor and Welfare

Social Legislation and Labor

Governs the effects of

Designed to meet the daily

Involves long range benefits

Covers employment for

Covers employment for

Affects work of employee

Affects life of employee

Benefits are paid by the

Benefits are paid by

Social legislation encompasses labor legislation, thus is broader in

Labor Law, defined.

The Aim and Basis of Labor

Attainment of Social Justice

Social Justice & Labor Laws

Foundation: Police Power and State Protection

Legal Bases; Sources of Rights

Legal Bases; Sources of Rights

International Labor Organization (ILO) Conventions

DOLE Phils. v. Pawis ng Makabayang Obrero, 395 SCRA 112 (2003)

Peaflor v. Outdoor Clothing Manufacturing

Rule Making Power, Art. 5

Technical Rules Not Binding, Art. 221

Applicability, Art. 6, 276; Constitution, Art. IX-B, Sec. 2(1)

Cireneo Bowling Plaza, Inc. v. Sensing, 448 SCRA 175 (2005)

What are the basic principles in

The state shall afford full protection to labor,

What are the basic principles in

In case of doubt or ambiguity, labor laws and rules

Why the preference for labor

There is greater supply than demand for labor;

To whom does the Labor Code

Protection to labor should not

Law recognizes management rights. The

(Rural Bank of Cantilan . v. Julve, GR No. 169750,

(Mendoza v. Rural Bank of Lucban, GR No. 155421, July 7,

Labor: Work Relationships

Sy v. Court of Appeals, 398 SCRA 30 (2003)

Labor: Work Relationships

Burden of Proving Employer-Employee

Piercing the Veil of Corporate Entity

Labor: Work Relationships

Labor: Work Relationships

Solidary Liability of Indirect Employer/Direct

The Philippine Labor Code

Human Resource Development

The Governments National

The Philippine Labor Code

Working periods and rest periods

Health, Safety and Social Welfare

Occupational Safety and Health

Article 12, Labor Code

Article 12, Labor Code

For local employment:

For overseas employment: Art. 35; RA 8042,

Entities Authorized to Engage in

Entities prohibited from

See how NLRC misappreciated JEACs business

Overseas Employment - employment of a worker