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1 st S eme st er, A Y 2 008-2 009 Social legislation: provides particular kinds of protection or
Prof. E. (Leo) D. Battad benefits to society or segments thereof in furtherance of
College of Law social justice.
University of the Philippines
Labor laws are necessarily social legislation. But to
differentiate, labor laws directly affect employment while
SUGG ES TED TE XTB OO K: social legislation governs effects of employment.
CA Azucena, The Labor Code with Comments and Cases Labor laws are social legislation but not all social legislation
(Latest Edition) are labor laws.
RE FE RE NCE S:
2. Social Justice, Const., Art. II, Sec. 10; Art. XIII,
Samson S. Alcantara, and Samson B. Alcantara Jr., Philippine Sec. 1-3
Labor and Social Legislation Annotated
1987 Philippine Constitution Section 10. The State shall promote social justice in
The Labor Code of the Philippines and its Implementing all phases of national development.
Rules &
Regulations Section 1. The Congress shall give highest priority to
the enactment of measures that protect and enhance
Pertinent International Human Rights Instruments and ILO
the right of all the people to human dignity, reduce
Conventions, Recommendations and Labor-related laws
social, economic, and political inequalities, and
Assigned Readings
remove cultural inequities by equitably diffusing
wealth and political power for the common good.
I. IN TR ODU CT ION TO L ABO R L AW
To this end, the State shall regulate the acquisition,
A. La bor a s a Con cep t ownership, use, and disposition of property and its
increments.
1. General Sense
Labor physical toil although it does not necessarily exclude Section 2. The promotion of social justice shall
the application of skill, thus there is skilled and unskilled include the commitment to create economic
labor. opportunities based on freedom of initiative and self-
reliance.
Skill familiar knowledge of any art or sciencem united with
radiness and dexterity in execution or performance or in the ARTICLE XIII LABOR
application of the art or science to practical purposes. Section 3. The State shall afford full protection to
labor, local and overseas, organized and
Work is broader than labor as work covers all forms of
unorganized, and promote full employment and
physical or mental exertion, or both combined, for the
attainment of some object other than recreation or
equality of employment opportunities for all.
amusement per se. It shall guarantee the rights of all workers to self-
organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right
2. Technical sense to strike in accordance with law. They shall be entitled
to security of tenure, humane conditions of work, and
Worker broader than employee as workers may refer to a living wage. They shall also participate in policy and
self-employed people, and those working in the service and decision-making processes affecting their rights and
under the control of another, regardless of rank, title, or benefits as may be provided by law.
nature of work.
The State shall promote the principle of shared
Employee salaried person working for another who responsibility between workers and employers and
controls or supervises the means, manner or method of the preferential use of voluntary modes in settling
doing the work.
disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial
B. La bor L aw peace.
La bor rela tio ns law: which defines the status, rights and The promotion of the welfare of all the people, the adoption
duties and the institutional mechanisms that govern the by the Government of measures calculated to insure
individual and collective interactions of employers, economic stability of all the component elements of society
employees or their representatives. through the maintenance of proper economic and social
equilibrium in the interrelations of the members of the
SOCIAL LEGISLATION VS. LABOR LAWS community, constitutionality, through the adoption of
measures legally justifiable, or extra-constitutionally, through adoption of measures legally justifiable, or extra-
the exercise of powers underlying the existence of all constitutionally, through the exercise of powers underlying
governments, on the time-honored principle of salus populi the existence of all governments, on the time-honored
est suprema lex. principle of salus populi est suprema lex.
Labor is the primary social economic force, thus the State Manila Electric Co. v. Sec. of Labor, 337 SCRA 90 (2000)
shall protect the rights of workers and promote their welfare.
When will the CBA take effect?
Con st it ut ion al R ig ht s a nd Ma nda tes
<-o-------------------------------I x--------------------------
The State shall afford full protection to labor and this is CBA expiration 6 months
found in the 1935, 1973, and 1987 Consti. The State affirms
labor as a primary social economic force thus, it shall protect Secretary of Labor may determine the date of retroactivity
the right of the workers and promote their welfare. as part of his discretionary powers. But this discretionary
power shall only be exercised only when jurisdiction has
Basic rights of workers guaranteed by the consti: been vested.
Calalang v. Williams, 70 Phil. 726 (1940) The Consitution has not overlooked the rights of capital. It
provides that, the State recognizes the indispensable role of
So cial Jus ti ce: JP Laurel in Calalang neither the private sector, encourages private enterprise, and
communism, nor despotism, nor atomism not anarchy but provides incentives to needed investments (Art. II, Sec. 20).
the humanization of laws and the equalization of social and
economic forces by the State so that justice in its rational While labor is entitled to a just share in the fruits of
and objectively secular conception may at least be production, the enterprise has an equally important right not
approximated. only to reasonable returns on investment but also to
expansion and growth.
Social justice is the promotion of the welfare of all the
people, the adoption by the Government of measures Shared Responsibility between workers and employers
calculated to insure economic stability of all the component Preferential use of voluntary modes of settling disputes.
elements of society through the maintenance of proper
economic and social equilibrium in the interrelations of the a. Foundation: Police Power and State Protection
members of the community, constitutionality, through the
Duman / Labor I / Prof. Battad / Page 2
While social justice is the raison detre of labor laws, their employees for cause and without any provision for
basis or foundation is the police power of the State. separation pay.
Separation pay shall be allowed as a measure of social
a. State legislatures may enact laws for the justice only in those instances where the employee is calidly
protection of the safety and health of employees. dismissed for causes other than serious misconduct or those
b. Right of every person to pursue a business, reflecting on his moral character. Where the reason for the
occupation, or profession is subject to the valid dismissal is, for example, habitual intoxication or an
paramount right of the government as a part of its offense involving moral turpitude, life theft or illicit sexual
police power to impose such restrictions and relations with a fellow worker, the employer may not be
regulations as the protection of the public may required to give the dismissed employee separation pay or
require. financial assistance, or whatever other name it is called on
the ground of social justice.
Legal Classification: (discussed in light of the suspension of
deployment of women) The policy of social justice is not intended to countenance
wrongdoing simply because it is committed by the
a. such classification rest on substantial distinctions underprivileged. At best it may mitigate the penalty but it
b. they are germane to the purpose of the law certainly will not condone the offense. Compassion for the
c. they are not confined to existing conditions poor is an imperative of every humane society but only when
d. they apply equally to all members of the same the recipient is not a rascal claiming an underserved
class privilege. Social justice cannot be permitted to be refuge of
scoundrels any more than can equity be an impediment to
b. Foundation: Police Power and State Protection the punishment of the guilty. Those who invoke social justive
may do so only if their hands are clean and their motives
CMS Estate, Inc. v. Social Security System, 132 SCRA 108
blameless and not simply because they happen to be poor.
(1984)
Agabon v. NLRC, 442 SCRA 573 (2004)
The case of two businesses, one was in real estate and the
other was in the logging business. One owner was
demanding for a refund from SSS and it refused to subscribe Employees were claiming illegal dismissal. Employer was
the employees of the 2nd business to SSS because the asserting that there was abandonment.
business has not been in operation for 2 years (which was
the requirement of the law) yet. Abandonment is the deliberate and unjustified refusal of an
employee to resume his employment. It is a form of neglect
The Social Security Law was enacted pursuant to the policy of duty, hence, a just cause for termination of employment
of the government to develop, establish gradually and by the employer. For a valid finding of abandonment: (1)
perfect a social security system which shall be suitable to the failure to report for work or absence without valid or
needs of the people throughout the Philippines, and shall justifiable reason (2) clear intention to server employer-
provide protection against the hazards of disability, sickness, employee relationship with the second as the more
old age and death. It is thus clea r that sa id determinative factor which is manifested by overt acts from
en ac tme nt implem en ts th e ge ne ral welf ar e which it may be deduced that the employees has no more
ma nda te of th e Con st it ut ion an d co ns ti tu te s a intention to work.
legi tima te exerci se of the poli ce pow er of the
Sta te. Wenph il or Bela ted Due Proc es s Rul e: where the
employer had a valid reason to dismiss an employee but did
It is the intention of the law to cover as many persons as not follow the due process requirement, the dismissal may
possible so as to promote the constitutional objective of be upheld but the employer will be penalized to pay an
social justice. indemnity to the employee.
Compulsory coverage of the employer shall take effect on But this was re-examined in Se rr an o ca se wherein the
the first day of his operation, and that of the employee on Court required that the employer pay the full backwages
the date of his employment (RA 1161 as amended by RA from the time of dismissal until the time the Court finds the
2658). The two year prescription of the prior law must be dismissal was for a just or authorized cause. It was because
considered prevailed over by the later law and moreover, the of a significant number of cases involving dismissals without
legislative intent must be given effect. requisite notices.
PLDT employee promised to facilitate the approval of the An employee who is clearly guilty of conduct violative of
complainants applications for telephone installation and then Article 282 should not be protected by the Social Justice
received from them an amount of money in consideration of Clause of the Constitution. Social justice, as the terms
her promise. suggests, should be used only to correct an injustice.
The rule embodied in the Labor Code is that a person JP Laurel, in Calalang: social justice must be founded on the
dismissed for cause as defined therein is not entitled to recognition of the necessity of interdependence among
separation pay. The cases abovecited (where different cases diverse units of a society and of the protection that should
were cited proving that some companies still allowed be equally and evenly extended to all groups as a combined
separation pay despite the degree of the ground upon which forc e in our social and economic life, consistent with the
the employees were being dismissed for) constitute the fundamental and paramount objective of the state of
exception, based upon considerations of equity. Equity has promoting the health, comfort and quiet of all person, and of
been defined as justice outside law, being ethical rather than bringing about the gr ea te st good to the gr ea te st
jural and belonging to the sphere of morals than of law. It is numb er.
grounded on the precepts of conscience and not on any
sanction of positive law. Hence, it cannot prevail against the Social justice is not based on rigid formulas set in stone. It
expressed provision of the labor laws allowing dismissal of has to allow for changing times and circumstances.
Section 10. The State shall promote social justice in 1973 Const. Art. II, Sec. 9
all phases of national development.
Section 9. The State shall afford protection to labor,
Section 13. The State recognizes the vital role of the promote full employment and equality in employment,
youth in nation-building and shall promote and protect ensure equal work opportunities regardless of sex,
their physical, moral, spiritual, intellectual, and social race, or creed, and regulate the relation between
well-being. It shall inculcate in the youth patriotism workers and employers. The State shall assure the
Duman / Labor I / Prof. Battad / Page 4
rights of workers to self-organization, collective Found in the case: Management prerogative: The exercise of
bargaining, security of tenure, and just and humane management prerogative is not unlimited. It is subject to the
conditions of work. The State may provide for limitations found in law, a collective bargaining agreement or
compulsory arbitration. the general principles of fair play and justice. This situation
constitutes one of the limitations. The CBA is the norm of
conduct between the petitioner and private respondent and
c. Labor Code (LC) and Omnibus Rules Implementing the Labor compliance therewith is mandated by the express policy of
Code the law.
d. New Civil Code of the Philippines (NCC), Arts. 19, 21, 1700- d. Past Practices
1701
Davao Fruits Corporation v. Associated labor Union, 225
Art. 19. Every person must, in the exercise of his SCRA 562 (1993)
rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty Issue: WON in the computation of the 13th month pay given
and good faith. by employers to their employees under PD 851, payments
for sick, vacation and maternity leaves, premiums for work
Art. 21. Any person who wilfully causes loss or injury done rest days and special holidays and pay for regular
to another in a manner that is contrary to morals, holidays may be excluded in the computation and payment
good customs or public policy shall compensate the thereof, regardless of long-standing company practice.
latter for the damage.
A compa ny pr ac tic e f avor able to the e mploy ees ha d
Art. 1700. The relations between capital and labor are in deed be en est abli sh ed an d the pa yme nt s ma de
pu rs ua nt ther et o, ripe ned in to ben efits en joy ed by
not merely contractual. They are so impressed with
them . An d any be nefi t and supple men t bein g
public interest that labor contracts must yield to the
en joy ed by the empl oy ee s can no t be red uc ed,
common good. Therefore, such contracts are subject dimi nis he d, di sco nt in ue d or elimi na ted by th e
to the special laws on labor unions, collective empl oy er, by vi rt ue of Se c 10 of the Rule s an d
bargaining, strikes and lockouts, closed shop, wages, Reg ula tion s Impl eme nti ng PD 851 and Art 100 of
working conditions, hours of labor and similar the Labor Co de whi ch pro hibi t th e dimi nu tio n or
subjects. elimi na tio n b the employ er of th e empl oy ee s
ex is ti ng b en efits .
Art. 1701. Neither capital nor labor shall act
oppressively against the other, or impair the interest The considerable length of time the questioned items had
or convenience of the public. been included by petitioner indicates a unilateral and
voluntary act on its part, sufficient in itself to negate any
claim of mistake.
6. Sources of Law
Samahang Manggagawa sa Top Form Manufacturing-United
a. Labor Code and Related Special Legislation (Implementing
Workers of the Phil. (SMTFM-UWP v. NLRC, 295 SCRA 171
Rules)
(1998)
b. Contract Art. 1305-1306, New Civil Code
The case wherein the employer was charged as having
committed an unfair labor practice by bargaining in bad faith
Art. 1305. A contract is a meeting of minds between and discriminating against in employees by promising at a
two persons whereby one binds himself, with respect collective bargaining conference to implement any
to the other, to give something or to render some government-mandated wage increases on an across-the-
service. (1254a) board basis.
Art. 1306. The contracting parties may establish such Past promises which were written in the minutes of the
stipulations, clauses, terms and conditions as they meeting. The proposal was never embodied in the CBA,
may deem convenient, provided they are not contrary thus, the promise remained just that, a promise, the
to law, morals, good customs, public order, or public implementation which cannot be validly demanded under the
policy. (1255a) law.
c. Collective Bargaining Agreement The law provides remedies to the petitioner union to compel
priv resp to incorporate this specific economic proposal in
the CBA, which they did not do.
DOLE Phils. v. Pawis ng Makabayang Obrero, 395 SCRA 112
(2003) The CBA is the law between the contracting partiesthe
collective bargaining representative and the employer-
Interpretation of the free meals provision in the CBA. Is it company. Compliance with a CBA is mandated by the
after the employee has worked only after more than three expressed policy to give protection to labor. In the same
hours of work or those who have rendered exactly three vein, CBA provision should be construed liberally rather
hours of overtime work? than narrowly and technically, and the courts must place a
practical and realistic construction upon it, giving due
The disputed provision of the CBA is clear and unambiguous. consideration to the context in which it is negotiated and
The terms of the CBA is not susceptible to any other purpose which it is intended to serve. This is founded on the
interpretation. Hence the literal meaning of free meals after dictum that a CBA is not an ordinary contract but one
three (3) hours of overtime work shall prevail, which is impressed with public interest. It goes without saying,
simply that an employee shall be entitled to a free meal if he however, that only provisions embodied in the CBA should be
has rendered exactly, or no less than, three hours of so interpreted and complied with.
overtime work, not after more than or in excess of three
hours overtime work. No benefits or privileges previously enjoyed by petitioner
union and the other employees were withdrawn as a result
e. Company Policies
Salinas Jr. v. NLRC, 319 SCRA 54 (1999)
China Banking Corporation v. Borromeo, 440 SCRA 621 (2004)
4. Claims for actual, moral, exemplary and (d) It shall be unlawful for any person or entity to
other forms of damages arising from the obstruct, impede, delay or otherwise render
employer-employee relations; ineffective the orders of the Secretary of Labor and
Employment or his duly authorized representatives
6. Except claims for Employees Compensation, Social issued pursuant to the authority granted under this
Security, Medicare and maternity benefits, all other Article, and no inferior court or entity shall issue
claims arising from employer-employee relations, temporary or permanent injunction or restraining order
including those of persons in domestic or household or otherwise assume jurisdiction over any case
Duman / Labor I / Prof. Battad / Page 8
involving the enforcement orders issued in shall be punished with a fine of not less than One
accordance with this Article. Thousand Pesos (P1,000.00) nor more than Ten
Thousand Pesos (P10,000.00) or imprisonment of not
(e) Any government employee found guilty of violation less than three months nor more than three years, or
of, or abuse of authority, under this Article shall, after both such fine and imprisonment at the discretion of
appropriate administrative investigation, be subject to the court.
summary dismissal from the service.
In addition to such penalty, any alien found guilty shall
(f) The Secretary of Labor and Employment may, by be summarily deported upon completion of service of
appropriate regulations, require employers to keep sentence.
and maintain such employment records as may be
necessary in aid of his visitorial and enforcement Any provision of law to the contrary notwithstanding,
powers under this Code. any criminal offense punished in this Code, shall be
under the concurrent jurisdiction of the Municipal or
ART. 129. Recovery of wages, simple money claims City Courts and the Courts of First Instance. (As
and other benefits. - Upon complaint of any interested amended by Section 3, Batas Pambansa Bilang 70).
party, the Regional Director of the Department of
Labor and Employment or any of the duly authorized ART. 289. Who are liable when committed by other
hearing officers of the Department is empowered, than natural person. - If the offense is committed by a
through summary proceeding and after due notice, to corporation, trust, firm, partnership, association or any
hear and decide any matter involving the recovery of other entity, the penalty shall be imposed upon the
wages and other monetary claims and benefits, guilty officer or officers of such corporation, trust, firm,
including legal interest, owing to an employee or partnership, association or entity.
person employed in domestic or household service or
househelper under this Code, arising from employer- Title II
employee relations: Provided, That such complaint PRESCRIPTION OF OFFENSES AND CLAIMS
does not include a claim for reinstatement: Provided
further, That the aggregate money claims of each
employee or househelper does not exceed Five ART. 290. Offenses. - Offenses penalized under this
thousand pesos (P5,000.00). The Regional Director Code and the rules and regulations issued pursuant
or hearing officer shall decide or resolve the complaint thereto shall prescribe in three (3) years.
within thirty (30) calendar days from the date of the
filing of the same. Any sum thus recovered on behalf All unfair labor practice arising from Book V shall be
of any employee or househelper pursuant to this filed with the appropriate agency within one (1) year
Article shall be held in a special deposit account by, from accrual of such unfair labor practice; otherwise,
and shall be paid on order of, the Secretary of Labor they shall be forever barred.
and Employment or the Regional Director directly to
the employee or househelper concerned. Any such ART. 291. Money claims. - All money claims arising
sum not paid to the employee or househelper from employer-employee relations accruing during the
because he cannot be located after diligent and effectivity of this Code shall be filed within three (3)
reasonable effort to locate him within a period of three years from the time the cause of action accrued;
(3) years, shall be held as a special fund of the otherwise they shall be forever barred.
Department of Labor and Employment to be used
exclusively for the amelioration and benefit of
workers. All money claims accruing prior to the effectivity of
this Code shall be filed with the appropriate entities
established under this Code within one (1) year from
Any decision or resolution of the Regional Director or the date of effectivity, and shall be processed or
hearing officer pursuant to this provision may be determined in accordance with the implementing rules
appealed on the same grounds provided in Article 223 and regulations of the Code; otherwise, they shall be
of this Code, within five (5) calendar days from receipt forever barred.
of a copy of said decision or resolution, to the
National Labor Relations Commission which shall
resolve the appeal within ten (10) calendar days from Workmens compensation claims accruing prior to the
the submission of the last pleading required or effectivity of this Code and during the period from
allowed under its rules. November 1, 1974 up to December 31, 1974, shall be
filed with the appropriate regional offices of the
Department of Labor not later than March 31, 1975;
The Secretary of Labor and Employment or his duly otherwise, they shall forever be barred. The claims
authorized representative may supervise the payment shall be processed and adjudicated in accordance
of unpaid wages and other monetary claims and with the law and rules at the time their causes of
benefits, including legal interest, found owing to any action accrued.
employee or househelper under this Code. (As
amended by Section 2, Republic Act No. 6715, March
21, 1989). ART. 292. Institution of money claims. - Money claims
specified in the immediately preceding Article shall be
filed before the appropriate entity independently of the
ART. 288. Penalties. - Except as otherwise provided criminal action that may be instituted in the proper
in this Code, or unless the acts complained of hinge courts.
on a question of interpretation or implementation of
ambiguous provisions of an existing collective
bargaining agreement, any violation of the provisions Pending the final determination of the merits of money
of this Code declared to be unlawful or penal in nature claims filed with the appropriate entity, no civil action
Duman / Labor I / Prof. Battad / Page 9
arising from the same cause of action shall be filed (e) "Employer" includes any person acting in the
with any court. This provision shall not apply to interest of an employer, directly or indirectly. The term
employees compensation case which shall be shall not include any labor organization or any of its
processed and determined strictly in accordance with officers or agents except when acting as employer.
the pertinent provisions of this Code.
(f) "Employee" includes any person in the employ of
an employer. The term shall not be limited to the
employees of a particular employer, unless the Code
ART. III, SEC. 11 AND 16, CONSTITUTION so explicitly states. It shall include any individual
Section 11. Free access to the courts and quasi- whose work has ceased as a result of or in
judicial bodies and adequate legal assistance shall connection with any current labor dispute or because
not be denied to any person by reason of poverty. of any unfair labor practice if he has not obtained any
other substantially equivalent and regular
Section 16. All persons shall have the right to a employment.
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies. b. Factors/Tests
Art. 212.
Chavez v. NLRC, 448 SCRA 478 (2005) Pamplona Plantatin Co., Inc. v. Tinghil, 450 SCRA 421 (2005)
"Substantial capital or investment" refers to (d) Contracting out of a job, work or service
capital stocks and subscribed capitalization in the through an in-house agency which refers to a
case of corporations, tools, equipment, contractor or subcontractor engaged in the
implements, machineries and work premises, supply of labor which is owned, managed or
actually and directly used by the contractor or controlled by the principal and which operates
subcontractor in the performance or completion solely for the principal;
of the job, work or service contracted out.
(e) Contracting out of a job, work or service
The "right to control" shall refer to the right directly related to the business or operation of the
reserved to the person for whom the services of principal by reason of a strike or lockout whether
the contractual workers are performed, to actual or imminent;
determine not only the end to be achieved, but
also the manner and means to be used in (f) Contracting out of a job, work or service being
reaching that end. performed by union members when such will
interfere with, restrain or coerce employees in the
Section 6. Prohibitions. - Notwithstanding Section exercise of their rights to self organization as
5 of these Rules, the following are hereby provided in Art. 248 (c) of the Labor Code, as
declared prohibited for being contrary to law or amended.
public policy:
Section 7. Existence of an employer-employee
(a) Contracting out of a job, work or service when relationship. - The contractor or subcontractor
not done in good faith and not justified by the shall be considered the employer of the
exigencies of the business and the same results contractual employee for purposes of enforcing
in the termination of regular employees and the provisions of the Labor Code and other social
reduction of work hours or reduction or splitting legislation. The principal, however, shall be
of the bargaining unit; solidarily liable with the contractor in the event of
any violation of any provision of the Labor Code,
(b) Contracting out of work with a "cabo" as including the failure to pay wages.
defined in Section 1 (ii), Rule I, Book V of these The principal shall be deemed the employer of the
Rules. "Cabo" refers to a person or group of contractual employee in any of the following
persons or to a labor group which, in the guise of cases as declared by a competent authority:
a labor organization, supplies workers to an
employer, with or without any monetary or other (a) where there is labor-only contracting; or
consideration whether in the capacity of an agent
of the employer or as an ostensible independent (b) where the contracting arrangement falls within
contractor; the prohibitions provided in Section 6
(Prohibitions) hereof.
(c) Taking undue advantage of the economic
situation or lack of bargaining strength of the Section 8. Rights of Contractual Employees. -
contractual employee, or undermining his Consistent with Section 7 of these Rules, the
security of tenure or basic rights, or contractual employee shall be entitled to all the
circumventing the provisions of regular rights and privileges due a regular employee as
employment, in any of the following instances: provided for in the Labor Code, as amended, to
include the following:
The contractor or subcontractor shall inform the (e) The description of the phases of the contract
contractual employee of the foregoing terms and and the number of employees covered in each
conditions on or before the first day of his phase, where appropriate; and
employment.
(f) A copy of audited financial statements if the
Section 10. Effect of Termination of Contractual applicant is a corporation, partnership,
Employment. - In cases of termination of cooperative or a union, or copy of the latest ITR if
employment prior to the expiration of the contract the applicant is a sole proprietorship.
between the principal and the contractor or
subcontractor, the right of the contractual The application shall be supported by:
employee to separation pay or other related (a) A certified copy of a certificate of registration
benefits shall be governed by the applicable laws of firm or business name from the Securities and
and jurisprudence on termination of employment. Exchange Commission (SEC), Department of
Trade and Industry (DTI), Cooperative
Where the termination results from the expiration Development Authority (CDA), or from the DOLE if
of the contract between the principal and the the applicant is a union; and
contractor or subcontractor, or from the
completion of the phase of the job, work or (b) A certified copy of the license or business
service for which the contractual employee is permit issued by the local government unit or
engaged, the latter shall not be entitled to units where the contractor or subcontractor
separation pay. However, this shall be without operates.
prejudice to completion bonuses or other
emoluments, including retirement pay as may be
provided by law or in the contract between the The application shall be verified and shall include
principal and the contractor or subcontractor. an undertaking that the contractor or
subcontractor shall abide by all applicable labor
laws and regulations.
Section 11. Registration of Contractors or
Subcontractors. - Consistent with the authority of
the Secretary of Labor and Employment to restrict Section 13. Filing and processing of applications.
or prohibit the contracting out of labor through - The application and its supporting documents
appropriate regulations, a registration system to shall be filed in triplicate in the Regional Offices
govern contracting arrangements and to be where the applicant principally operates. No
implemented by the Regional Offices is hereby application for registration shall be accepted
established. unless all the foregoing requirements are
complied with. The contractor or subcontractor
shall be deemed registered upon payment of a
The registration of contractors and registration fee of P100.00 to the Regional Office.
subcontractors shall be necessary for purposes
of establishing an effective labor market
information and monitoring.
Duman / Labor I / Prof. Battad / Page 14
Where all the supporting documents have been (b) Non-submission of annual report;
submitted, the Regional Office shall deny or
approve the application within seven (7) working (c) Findings through arbitration that the
days after its filing. contractor or subcontractor has engaged in labor-
only contracting and the prohibited activities as
Upon registration, the Regional Office shall return provided in Section 6 (Prohibitions) hereof; and
one set of the duly-stamped application
documents to the applicant, retain one set for its (d) Non-compliance with labor standards and
file, and transmit the remaining set to the Bureau working conditions.
of Local Employment. The Bureau shall devise the
necessary forms for the expeditious processing
of all applications for registration. Section 17. Renewal of registration of contractors
or subcontractors. - All registered contractors or
subcontractors may apply for renewal of
Section 14. Duty to produce copy of contract registration every three years. For this purpose,
between the principal and the contractor or the Tripartite Industrial Peace Council (TIPC) as
subcontractor. - The principal or the contractor or created under Executive Order No. 49, shall serve
subcontractor shall be under an obligation to as the oversight committee to verify and monitor
produce a copy of the contract between the the following:
principal and the contractor in the ordinary (a) Engaging in allowable contracting activities;
course of inspection. The contractor shall and
likewise be under an obligation to produce a copy
of the contract of employment of the contractual
worker when directed to do so by the Regional (b) Compliance with administrative reporting
Director or his authorized representative. requirements.
A copy of the contract between the contractual Section 18. Enforcement of Labor Standards and
employee and the contractor or subcontractor Working Conditions. - Consistent with Article 128
shall be furnished the certified bargaining agent, (Visitorial and Enforcement Power) of the Labor
if there is any. Code, as amended, the Regional Director through
his duly authorized representatives, including
labor regulation officers shall have the authority
Section 15. Annual Reporting of Registered to conduct routine inspection of establishments
Contractors. - The contractor or subcontractor engaged in contracting or subcontracting and
shall submit in triplicate its annual report using a shall have access to employer's records and
prescribed form to the appropriate Regional premises at any time of the day or night whenever
Office not later than the 15th of January of the work is being undertaken therein, and the right to
following year. The report shall include: copy therefrom, to question any employee and
investigate any fact, condition or matter which
(a) A list of contracts entered with the principal may be necessary to determine violations or
during the subject reporting period; which may aid in the enforcement of the Labor
Code and of any labor law, wage order, or rules
(b) The number of workers covered by each and regulations issued pursuant thereto.
contract with the principal;
The findings of the duly authorized representative
(c) A sworn undertaking that the benefits from the shall be referred to the Regional Director for
Social Security System (SSS), the Home appropriate action as provided for in Article 128,
Development Mutual Fund (HDMF), PhilHealth, and shall be furnished the collective bargaining
Employees Compensation Commission (ECC), agent, if any.
and remittances to the Bureau of Internal Revenue
(BIR) due its contractual employees have been Based on the visitorial and enforcement power of
made during the subject reporting period. the Secretary of Labor and Employment in Article
128 (a), (b), (c) and (d), the Regional Director shall
The Regional Office shall return one set of the issue compliance orders to give effect to the labor
duly-stamped report to the contractor or standards provisions of the Labor Code, other
subcontractor, retain one set for its file, and labor legislation and these guidelines.
transmit the remaining set to the Bureau of Local
Employment within five (5) days from receipt Section 19. Solidary liability. - The principal shall
thereof. be deemed as the direct employer of the
contractual employees and therefore, solidarily
Section 16. Delisting of contractors or liable with the contractor or subcontractor for
subcontractors. - Subject to due process, the whatever monetary claims the contractual
Regional Director shall cancel the registration of employees may have against the former in the
contractors or subcontractors based on any of case of violations as provided for in Sections 5
the following grounds: (Labor-Only contracting), 6 (Prohibitions), 8
(Rights of Contractual Employees) and 16
(Delisting) of these Rules. In addition, the
(a) Non-submission of contracts between the principal shall also be solidarily liable in case the
principal and the contractor or subcontractor contract between the principal and contractor or
when required to do so; subcontractor is preterminated for reasons not
.
Manila, Philippines, 21 February 2002.
ART. 12. Statement of objectives. - It is the (c) To give any false notice, testimony,
policy of the State: information or document or commit any act
of misrepresentation for the purpose of
securing a license or authority under the
f) To strengthen the network of public
Labor Code;
employment offices and rationalize the
participation of the private sector in the (d) To induce or attempt to induce a worker
recruitment and placement of workers, already employed to quit his employment in
locally and overseas, to serve national order to offer him another unless the transfer
development objectives; is designed to liberate a worker from
oppressive terms and conditions of
ART. 14. Employment promotion. - The employment;
Secretary of Labor shall have the power and (e) To influence or attempt to influence any
authority: persons or entity not to employ any worker
who has not applied for employment through
(a) To organize and establish new his agency;
employment offices in addition to the existing
(f) To engage in the recruitment of placement
employment offices under the Department of
of workers in jobs harmful to public health or
Labor as the need arises;
morality or to dignity of the Republic of the
Philippines;
b. Recruitment and Placement
(g) To obstruct or attempt to obstruct
1) Local Employment, Art. 13 (b) inspection by the Secretary of Labor and
Employment or by his duly authorized
(b) "Recruitment and placement" refers to representative;
any act of canvassing, enlisting, contracting, (h) To fail to submit reports on the status of
transporting, utilizing, hiring or procuring employment, placement vacancies,
workers, and includes referrals, contract remittances of foreign exchange earnings,
services, promising or advertising for separations from jobs, departures and such
employment, locally or abroad, whether for other matters or information as may be
profit or not: Provided, That any person or required by the Secretary of Labor and
entity which, in any manner, offers or Employment;
promises for a fee, employment to two or
more persons shall be deemed engaged in (i) To substitute or alter to the prejudice of
recruitment and placement. the worker, employment contracts approved
and verified by the Department of Labor and
Employment from the time of actual signing
thereof by the parties up to and including the
2) Overseas Employment, Sec. 6, RA 8042
period of the expiration of the same without
Sec. 6. DEFINITIONS. - For purposes of this the approval of the Department of Labor and
Act, illegal recruitment shall mean any act of Employment;
canvassing, enlisting, contracting, (j) For an officer or agent of a recruitment or
transporting, utilizing, hiring, procuring placement agency to become an officer or
workers and includes referring, contact member of the Board of any corporation
services, promising or advertising for engaged in travel agency or to be engaged
Duman / Labor I / Prof. Battad / Page 19
directly on indirectly in the management of a participation of the private sector in the
travel agency; recruitment and placement of workers,
locally and overseas, to serve national
(k) To withhold or deny travel documents development objectives;
from applicant workers before departure for
monetary or financial considerations other
than those authorized under the Labor Code 2) Prohibited Business Agencies and Entities, Arts. 16, 18,
and its implementing rules and regulations; 25, 26
(l) Failure to actually deploy without valid ART. 16. Private recruitment. - Except as provided in
reasons as determined by the Department of Chapter II of this Title, no person or entity other than
Labor and Employment; and the public employment offices, shall engage in the
recruitment and placement of workers.
(m) Failure to reimburse expenses incurred
by the workers in connection with his
ART. 18. Ban on direct-hiring. - No employer may hire
documentation and processing for purposes
of deployment, in cases where the a Filipino worker for overseas employment except
through the Boards and entities authorized by the
deployment does not actually take place
without the worker's fault. Illegal recruitment Secretary of Labor. Direct-hiring by members of the
diplomatic corps, international organizations and such
when committed by a syndicate or in large
scale shall be considered as offense other employers as may be allowed by the Secretary
of Labor is exempted from this provision.
involving economic sabotage.
Illegal recruitment is deemed committed by a ART. 25. Private sector participation in the recruitment
syndicate carried out by a group of three (3) and placement of workers. - Pursuant to national
or more persons conspiring or confederating development objectives and in order to harness and
with one another. It is deemed committed in maximize the use of private sector resources and
large scale if committed against three (3) or initiative in the development and implementation of a
more persons individually or as a group. comprehensive employment program, the private
employment sector shall participate in the recruitment
The persons criminally liable for the above and placement of workers, locally and overseas,
offenses are the principals, accomplices and under such guidelines, rules and regulations as may
accessories. In case of juridical persons, the be issued by the Secretary of Labor.
officers having control, management or
direction of their business shall be liable.
ART. 26. Travel agencies prohibited to recruit. - Travel
agencies and sales agencies of airline companies are
c. Allowed and Protected Entities prohibited from engaging in the business of
recruitment and placement of workers for overseas
1) Allowed Private Agencies and Entities, Arts. 16, 18, 25,
employment whether for profit or not.
12 (f)
ART. 16. Private recruitment. - Except as d. Government Techniques of Regulation Private Recruitment
provided in Chapter II of this Title, no person
or entity other than the public employment 1) Licensing, Arts. 27, 28, 29, 30, 31, POEA rules and
offices, shall engage in the recruitment and Regulations, Book II, Sec. 1 and Book II, Rule II
placement of workers.
ART. 18. Ban on direct-hiring. - No employer
may hire a Filipino worker for overseas ART. 27. Citizenship requirement. - Only
employment except through the Boards and Filipino citizens or corporations, partnerships
entities authorized by the Secretary of Labor. or entities at least seventy-five percent
Direct-hiring by members of the diplomatic (75%) of the authorized and voting capital
corps, international organizations and such stock of which is owned and controlled by
other employers as may be allowed by the Filipino citizens shall be permitted to
Secretary of Labor is exempted from this participate in the recruitment and placement
provision. of workers, locally or overseas.
ISSUANCE OF LICENSE
(1) A duly executed Special Power of
Attorney authenticated by the Philippine
Section 1. Requirements for Issuance of Embassy/Consulate or Labor Attache in the
License. - Every applicant for license to place where the principal/employers hold
operate a private employment agency or their office; or
manning agency shall submit a written
application together with the following (2) A concluded service/recruitment
requirements: agreement authenticated by the Philippine
Embassy/Consulate, or Labor Attache in the
a. A certified copy of the Articles of place where the project/job site is located;
Incorporation or of Partnership duly
registered with the Securities and Exchange (3) An authenticated manpower mobilization
The new office shall be subject to the normal g. Summary of payroll reports in case of
ocular inspection procedures by duly contractors and manning agencies during
authorized representatives of the the validity of the license sought to be
Administration. renewed; and
Section 25. Evaluation of Performance of (c) To give any false notice, testimony,
Agencies. - The Administration shall information or document or commit any act
undertake the annual evaluation and rating of misrepresentation for the purpose of
of the performance of licensed agencies to securing a license or authority under this
determine the merits of their continued Code.
participation in the overseas employment
program taking into consideration (d) To induce or attempt to induce a worker
compliance with laws and regulations and already employed to quit his employment in
such other criteria as it may deem proper. order to offer him to another unless the
transfer is designed to liberate the worker
Section 26. Classification and Ranking. - from oppressive terms and conditions of
The Administration may undertake the employment;
classification and ranking of agencies. In
recognition of exemplary performance, it (e) To influence or to attempt to influence
may undertake schemes for incentives and any person or entity not to employ any
rewards. worker who has not applied for employment
through his agency;
(a) The salary of any such official (b) Formulate and implement, in
who fails to render his decision or resolutions coordination with appropriate entities
within the prescribed period shall be, or concerned, when necessary, a system
caused to be, withheld until the said official for promoting and monitoring the
complies therewith; overseas employment of Filipino
workers taking into consideration their
(b) Suspension for not more than
welfare and the domestic manpower
ninety (90) days; or
requirements;
(c) Dismissal from the service with
disqualifications to hold any appointive public (c) Protect the rights of Filipino workers
office for five (5) years. for overseas employment to fair and
equitable recruitment and employment
Provided, however, that the practices and ensure their welfare;
penalties herein provided shall be without
prejudice to any liability which any such (d) Exercise original and exclusive
official may have incurred under other jurisdiction to hear and decide all claims
existing laws or rules and regulations as a arising out of an employer-employee
consequence of violating the provisions of relationship or by virtue of any law or
this paragraph. contract involving Filipino workers for
overseas employment including the
3) POEA over Administrative Cases disciplinary cases; and all pre-
employment cases which are
a) Pre-employment Cases, Omnibus rules Impl. RA No. administrative in character involving or
8042, Sec. 28 (a) arising out of violation or requirement
laws, rules and regulations including
Sec. 28. Jurisdiction of the POEA. - The money claims arising therefrom, or
POEA shall exercise original and violation of the conditions for issuance
exclusive jurisdiction to hear and decide: of license or authority to recruit workers.
Duman / Labor I / Prof. Battad / Page 27
4. Sanctions, Arts. 35, 39 (a) (b) (c) (d) (e); RA
8042, Secs. 6 , 7, 10
All prohibited recruitment activities and
practices which are penal in character ART. 35. Suspension and/or cancellation of
as enumerated and defined under and license or authority. - The Minister of Labor
by virtue of existing laws, shall be shall have the power to suspend or cancel
prosecuted in the regular courts in any license or authority to recruit employees
close coordination with the appropriate for overseas employment for violation of
Departments and agencies concerned; rules and regulations issued by the Ministry
of Labor, the Overseas Employment
(e) Maintain a registry of skills for Development Board, or for violation of the
overseas placement; provisions of this and other applicable laws,
General Orders and Letters of Instructions.
(f) Recruit and place workers to service
the requirements for trained and
competent Filipino workers by foreign ART. 39. Penalties. - (a) The penalty of life
governments and their instrumentalities imprisonment and a fine of One Hundred
and such other employers as public Thousand Pesos (P1000,000.00) shall be
interest may require; imposed if illegal recruitment constitutes
economic sabotage as defined herein;
(g) Promote the development of skills
and careful selection of Filipino
(b) Any licensee or holder of authority found
workers;
violating or causing another to violate any
provision of this Title or its implementing
(h) Undertake overseas market
rules and regulations shall, upon conviction
development activities for placement of
thereof, suffer the penalty of imprisonment of
Filipino workers;
not less than two years nor more than five
years or a fine of not less than P10,000 nor
(i) Secure the best terms and conditions
more than P50,000, or both such
of employment of Filipino contract
imprisonment and fine, at the discretion of
workers and ensure compliance
the court;
therewith;
(j) Promote and protect the well-being (c) Any person who is neither a licensee nor
of Filipino workers overseas; a holder of authority under this Title found
violating any provision thereof or its
(k) Develop and implement programs implementing rules and regulations shall,
for the effective monitoring of returning upon conviction thereof, suffer the penalty of
contract workers, promoting their re- imprisonment of not less than four years nor
training and re-employment or their more than eight years or a fine of not less
smooth re-integration into the than P20,000 nor more than P100,000 or
mainstream of national economy in both such imprisonment and fine, at the
coordination with other government discretion of the court;
agencies;
(d) If the offender is a corporation,
(l) Institute a system for ensuring fair partnership, association or entity, the penalty
and speedy disposition of cases shall be imposed upon the officer or officers
involving violation or recruitment rules of the corporation, partnership, association
and regulations as well as violation of or entity responsible for violation; and if such
terms and conditions of overseas officer is an alien, he shall, in addition to the
employment; penalties herein prescribed, be deported
without further proceedings;
(m) Establish a system for speedy and
efficient enforcement of decisions laid
(e) In every case, conviction shall cause and
down through the exercise of its
carry the automatic revocation of the license
adjudicatory function;
or authority and all the permits and privileges
granted to such person or entity under this
(n) Establish and maintain close
Title, and the forfeiture of the cash and
relationship and enter into joint projects
surety bonds in favor of the Overseas
with the Department of Foreign Affairs,
Employment Development Board or the
Philippine Tourism Authority, Manila
National Seamen Board, as the case may
International Airport Authority,
be, both of which are authorized to use the
Department of Justice, Department of
same exclusively to promote their objectives.
Budget and Management and other
relevant government entities, in the
pursuit of its objectives. The a. Local Employment, Art. 39
Administration shall also establish and
maintain joint projects with private (SEE ABOVE)
organizations, domestic or foreign, in
the furtherance of its objectives. b. Overseas Employment, Art. 35; RA 8042, Sec. 7
(c) To give any false notice, testimony, information or (a) Any person found guilty of illegal recruitment shall
document or commit any act of misrepresentation for suffer the penalty of imprisonment of not less than six
the purpose of securing a license or authority under (6) years and one (1) day but not more than twelve
the Labor Code; (12) years and a fine not less than two hundred
thousand pesos (P200,000.00) nor more than five
(d) To induce or attempt to induce a worker already hundred thousand pesos (P500,000.00).
employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a (b) The penalty of life imprisonment and a fine of not
worker from oppressive terms and conditions of less than five hundred thousand pesos (P500,000.00)
employment; nor more than one million pesos (P1,000,000.00)
shall be imposed if illegal recruitment constitutes
(e) To influence or attempt to influence any persons or economic sabotage as defined herein.
entity not to employ any worker who has not applied
for employment through his agency; Provided, however, that the maximum penalty shall
be imposed if the person illegally recruited is less than
(f) To engage in the recruitment of placement of eighteen (18) years of age or committed by a non-
workers in jobs harmful to public health or morality or licensee or non-holder of authority.
to dignity of the Republic of the Philippines;
SEC. 10. MONEY CLAIMS. - Notwithstanding any
(g) To obstruct or attempt to obstruct inspection by the provision of law to the contrary, the Labor Arbiters of
Secretary of Labor and Employment or by his duly the National Labor Relations Commission (NLRC)
authorized representative; shall have the priginal and exclusive jurisdiction to
(h) To fail to submit reports on the status of hear and decide, within ninety (90) calendar days
employment, placement vacancies, remittances of after filing of the complaint, the claims arising out of
foreign exchange earnings, separations from jobs, an employer-employee relationship or by virtue of any
departures and such other matters or information as law or contract involving Filipino workers for overseas
may be required by the Secretary of Labor and deployment including claims for actual, moral,
Employment; exemplary and other forms of damages.
(i) To substitute or alter to the prejudice of the worker, The liability of the principal/employer and
employment contracts approved and verified by the the recruitment/placement agency for any and all
Department of Labor and Employment from the time claims under this section shall be joint and several.
of actual signing thereof by the parties up to and This provisions shall be incorporated in the contract
including the period of the expiration of the same for overseas employment and shall be a condition
without the approval of the Department of Labor and precedent for its approval. The performance bond to
Employment; be filed by the recruitment/placement agency, as
provided by law, shall be answerable for all money
(j) For an officer or agent of a recruitment or claims or damages that may be awarded to the
placement agency to become an officer or member of workers. If the recruitment/placement agency is a
the Board of any corporation engaged in travel juridical being, the corporate officers and directors
agency or to be engaged directly on indirectly in the and partners as the case may be, shall themselves be
management of a travel agency; jointly and solidarily liable with the corporation or
partnership for the aforesaid claims and damages.
(k) To withhold or deny travel documents from
applicant workers before departure for monetary or Such liabilities shall continue during the
financial considerations other than those authorized entire period or duration of the employment contract
Duman / Labor I / Prof. Battad / Page 29
and shall not be affected by any substitution,
amendment or modification made locally or in a
foreign country of the said contract.
Any compromise/amicable settlement or
voluntary agreement on money claims inclusive of
damages under this section shall be paid within four
(4) months from the approval of the settlement by the
appropriate authority.
6. Trafficking in Persons, RA 9208 and Rules and Regulations
In case of termination of overseas Implementing RA 9208
employment without just, valid or authorized cause as
defined by law or contract, the workers shall be
entitled to the full reimbursement of his placement fee
Republic of the Philippines
with interest of twelve percent (12%) per annum, plus
his salaries for the unexpired portion of his Congress of the Philippines
employment contract or for three (3) months for every Metro Manila
year of the unexpired term, whichever is less.
Non-compliance with the mandatory periods Twelfth Congress
for resolutions of cases provided under this section Second Regular Session
shall subject the responsible officials to any or all of
the following penalties:
(a) The salary of any such official who fails
to render his decision or resolutions within the Begun held in Metro Manila on Monday, the
prescribed period shall be, or caused to be, withheld twenty-second day of July, two thousand two
until the said official complies therewith;
(b) Suspension for not more than ninety Republic Act No. 9208 May 26, 2003
(90) days; or
(c) Dismissal from the service with AN ACT TO INSTITUTE POLICIES TO
disqualifications to hold any appointive public office ELIMINATE TRAFFICKING IN PERSONS
for five (5) years. ESPECIALLY WOMEN AND CHILDREN,
Provided, however, that the penalties herein ESTABLISHING THE NECESSARY
provided shall be without prejudice to any liability INSTITUTIONAL MECHANISMS FOR THE
which any such official may have incurred under other PROTECTION AND SUPPORT OF
existing laws or rules and regulations as a TRAFFICKED PERSONS, PROVIDING
consequence of violating the provisions of this PENALTIES FOR ITS VIOLATIONS, AND FOR
paragraph. OTHER
5. Issues and Questions on Overseas Employment Be it enacted by the Senate and the House of
Representatives of the Philippines in Congress
Readings:
assembled:
Soriano, Ma. Teresa M., Implications of International
Migration, A Section 1. Title. This Act shall be known as the
Focus on the Philippine Experience, PLR, Vol 20. No. 2 "Anti-Trafficking in Persons Act of 2003".
(1996)
King, Amelia M., Social and Economic Benefits and Costs, Section 2. Declaration of Policy. It is hereby
PLR, Vol. 9, No. 1 (1985). declared that the State values the dignity of
Licuanan, Patricia B. Katas ng Saudi, a closer look. PLR Vol. every human person and guarantees the respect
9, No. 1 (1985). of individual rights. In pursuit of this policy, the
State shall give highest priority to the enactment
of measures and development of programs that
will promote human dignity, protect the people
from any threat of violence and exploitation,
eliminate trafficking in persons, and mitigate
pressures for involuntary migration and
servitude of persons, not only to support
trafficked persons but more importantly, to
ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
(e) When the trafficked person is Section 10. Penalties and Sanctions. - The
recruited to engage in prostitution with following penalties and sanctions are hereby
any member of the military or law established for the offenses enumerated in this
enforcement agencies; Act:
(f) When the offender is a member of the (a) Any person found guilty of
military or law enforcement agencies; committing any of the acts enumerated
and in Section 4 shall suffer the penalty of
imprisonment of twenty (20) years and a
(g) When by reason or on occasion of fine of not less than One million pesos
the act of trafficking in persons, the (P1,000,000.00) but not more than Two
offended party dies, becomes insane, million pesos (P2,000,000.00);
suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or (b) Any person found guilty of
the Acquired Immune Deficiency committing any of the acts enumerated
Syndrome (AIDS). in Section 5 shall suffer the penalty of
imprisonment of fifteen (15) years and a
Section 6. Confidentiality. - At any stage of the fine of not less than Five hundred
investigation, prosecution and trial of an offense thousand pesos (P500,000.00) but not
under this Act, law enforcement officers, more than One million pesos
prosecutors, judges, court personnel and (P1,000,000.00);
medical practitioners, as well as parties to the
case, shall recognize the right to privacy of the (c) Any person found guilty of qualified
trafficked person and the accused. Towards this trafficking under Section 6 shall suffer
end, law enforcement officers, prosecutors and the penalty of life imprisonment and a
judges to whom the complaint has been referred fine of not less than Two million pesos
may, whenever necessary to ensure a fair and (P2,000,000.00) but not more than Five
impartial proceeding, and after considering all million pesos (P5,000,000.00);
circumstances for the best interest of the parties,
order a closed-door investigation, prosecution or (d) Any person who violates Section 7
trial. The name and personal circumstances of hereof shall suffer the penalty of
the trafficked person or of the accused, or any imprisonment of six (6) years and a fine
other information tending to establish their of not less than Five hundred thousand
identities and such circumstances or information pesos (P500,000.00) but not more than
shall not be disclosed to the public. One million pesos (P1,000,000.00);
Section 19. Trafficked Persons Who are Section 21. Functions of the Council. - The
Foreign Nationals. - Subject to the guidelines Council shall have the following powers and
issued by the Council, trafficked persons in the functions:
Philippines who are nationals of a foreign
country shall also be entitled to appropriate
Duman / Labor I / Prof. Battad / Page 36
(a) Formulate a comprehensive and (k) Develop the mechanism to ensure
integrated program to prevent and the timely, coordinated, and effective
suppress the trafficking in persons; response to cases of trafficking in
persons;
(b) Promulgate rules and regulations as
may be necessary for the effective (l) Recommend measures to enhance
implementation of this Act; cooperative efforts and mutual
assistance among foreign countries
(c) Monitor and oversee the strict through bilateral and/or multilateral
implementation of this Act; arrangements to prevent and suppress
international trafficking in persons;
(d) Coordinate the programs and
projects of the various member (m) Coordinate with the Department of
agencies to effectively address the Transportation and Communications
issues and problems attendant to (DOTC), Department of Trade and
trafficking in persons; Industry (DTI), and other NGOs in
monitoring the promotion of
advertisement of trafficking in the
(e) Coordinate the conduct of massive
internet;
information dissemination and campaign
on the existence of the law and the
various issues and problems attendant (n) Adopt measures and policies to
to trafficking through the LGUs, protect the rights and needs of trafficked
concerned agencies, and NGOs; persons who are foreign nationals in the
Philippines;
(f) Direct other agencies to immediately
respond to the problems brought to their (o) Initiate training programs in
attention and report to the Council on identifying and providing the necessary
action taken; intervention or assistance to trafficked
persons; and
(g) Assist in filing of cases against
individuals, agencies, institutions or (p) Exercise all the powers and perform
establishments that violate the such other functions necessary to attain
provisions of this Act; the purposes and objectives of this Act.
(h) Formulate a program for the Section 22. Secretariat to the Council. - The
reintegration of trafficked persons in Department of Justice shall establish the
cooperation with DOLE, DSWD, necessary Secretariat for the Council.
Technical Education and Skills
Development Authority (TESDA), Section 23. Mandatory Services to Trafficked
Commission on Higher Education Persons. - To ensure recovery, rehabilitation and
(CHED), LGUs and NGOs; reintegration into the mainstream of society,
concerned government agencies shall make
(i) Secure from any department, bureau, available the following services to trafficked
office, agency, or instrumentality of the persons:
government or from NGOs and other
civic organizations such assistance as (a) Emergency shelter or appropriate
may be needed to effectively implement housing;
this Act;
(b) Counseling;
(j) Complement the shared government
information system for migration (c) Free legal services which shall
established under Republic Act No. include information about the victims'
8042, otherwise known as the "Migrant rights and the procedure for filing
Workers and Overseas Filipinos Act of complaints, claiming compensation and
1995" with data on cases of trafficking in such other legal remedies available to
persons, and ensure that the proper them, in a language understood by the
agencies conduct a continuing research trafficked person;
and study on the patterns and scheme
of trafficking in persons which shall form (d) Medical or psychological services;
the basis for policy formulation and
program direction;
(e) Livelihood and skills training; and
(ii) Formulate a system providing free legal (iv) In cases of repatriation involving workers
assistance to trafficked persons which shall recruited and deployed by licensed agencies,
include the the POEA shall
following: notify the agency concerned to provide a plane
ticket or Prepaid Travel Advice (PTA) and shall
(a) Provision of legal assistance to victims of impose sanctions on said agencies for failure to
trafficking in persons by means of, or in the cooperate in providing welfare assistance to
guise of, OFWs they have deployed; and
recruitment for overseas employment, as (v) Continue to regulate private sector
defined in Section 6 of R.A. No. 8042, such as participation in the recruitment and overseas
free legal advice, assistance in the preparation placement of
and filing of administrative and criminal actions workers through its licensing and registration
for trafficking as defined in the Act, without system pursuant to its rules and regulation on
prejudice to the filing of administrative and/or overseas
criminal actions for illegal recruitment, as employment. It shall formulate and implement, in
defined in R.A.No. 8042, when proper; coordination with appropriate entities concerned,
when
(b) Assistance in the prosecution of persons who necessary, a system of promoting and
engage in, promote and facilitate trafficking in monitoring the overseas employment of Filipino
persons workers, taking into
by means of, or in the guise of, recruitment for consideration their welfare and protection from
overseas employment, as defined in Section 6 of the dangers and risks inherent in overseas
R.A. 8042; employment, including illegal trafficking.
In this connection, the POEA shall likewise
adopt a policy of confidentiality in all cases (f) Bureau of Immigration (BI)
referred to it involving
possible violations of the Act. (i) Strictly administer and enforce immigration
and alien registration laws;
(iii) Adopt policies and procedures, prepare and (ii) Adopt measures for the apprehension of
implement programs geared towards the suspected traffickers both at the place of arrival
eradication of and
trafficking in persons as well as acts that departure;
promote trafficking in persons such as, but not (iii) Ensure compliance by the Filipino fiancs/
limited to, the following: fiances and spouses of foreign nationals with
(a) Comprehensive and Integrated Education the predeparture and counseling program
Program on overseas employment which shall requirement of the Act;
be undertaken in partnership with other relevant (iv) Strictly implement the requirement for a
organizations and government entities. Such parental travel authority duly processed by the
education program shall cover all stages of DSWD for
(a) Department of the Interior and Local (i) Provide guidelines for the land, sea and air
Government (DILG) transport providers to train their personnel in
trafficking
(i) Conduct a systematic information in persons;
dissemination/advocacy and prevention (ii) Standardize guidelines for monitoring
campaign against trafficking in persons; trafficking in persons in every port; and
(ii) Maintain a databank for the effective (iii) Monitor the promotion of advertisement of
monitoring, documentation and prosecution of trafficking in the Internet.
cases on
trafficking in persons; (f) Commission on Human Rights (CHR)
(iii) Issue directives to the LGUs and barangays
to institutionalize recruiter-monitoring (i) Conduct advocacy and training programs
mechanisms and relating to anti-trafficking;
increase public awareness regarding trafficking (ii) Investigate and recommend for prosecution
in persons; violations of the Act;
(iv) Promote family and community (iii) Provide legal and financial assistance to
empowerment to prevent trafficking in persons; victims of trafficking; and
and (iv) Integrate anti-trafficking efforts in the
(v) Strengthen, activate and mobilize existing Barangay Human Rights Action Center
committees, councils, similar organizations and (BHRAC); and
special (v) Monitor government compliance to
bodies at the local level to prevent and suppress international human rights treaty obligations
trafficking in persons. related to the
suppression/elimination of trafficking, particularly
(b) Department of Tourism (DOT) the Convention for the Suppression of Traffic in
Persons and Exploitation of the Prostitution of
(i) Formulate and implement preventive Others, the Convention on the Elimination of All
measures to stop sex tourism packages and Forms of Discrimination Against Women, the
other activities of tourism establishments which Convention on the Rights of the Child, the
might contribute to the trafficking in persons in Convention on the Protection of Migrant
coordination with local governmentunits; and Workers and Members of Their Families, and
(ii) Provide training to tourist security officers on the UN Convention Against Transnational
surveillance, investigation and rescue operation Organized Crimes including its Protocol to
strategies. Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children.
(c) Department of Education (DepEd)
(g) National Bureau of Investigation (NBI)
(i) Integrate in the appropriate subject areas
core messages on migration and trafficking in (i) Conduct surveillance, monitor and investigate
the elementary recruiters, travel agencies, hotels and other
and secondary levels by providing lesson with establishments
emphasis on their implications and social costs suspected to be engaged in trafficking in
to persons and country; persons;
Sec. 27. Rights of the Person Arrested, In countries and areas where the services of the
Investigated or Detained. In all cases, the FWRC is not accessible, a mobile type of
rights of the person arrested, investigated or services shall be extended by the country team
detained as provided by the Philippine members to trafficked persons regardless of
Constitution and under Republic Act No. 7438 their status in the host country.
(An Act Defining Certain Rights of Persons Thereafter, the victim will be encouraged to
Arrested, Detained or Under Custodial execute a sworn statement, recounting among
Investigation As Well As The Duties of the others, the people/establishment involved in the
Arresting, Detaining and Investigating Officers, recruitment/transfer and deployment, the modus
and Providing Penalties For Violations Thereof) operandi employed to recruit, transport and
shall, at all times, be respected. deploy the victim, and other pertinent
information which could provide a lead in the
Article VIII investigation and eventual prosecution of the
RESCUE/RECOVERY AND REPATRIATION perpetrators.
OF VICTIMS
(b) Assistance to Trafficked Persons. The
Sec. 28. The Country Team Approach. The trafficked person shall be provided with
country team approach under Executive Order temporary shelter and other forms of assistance.
No. 74, series of 1993 and further enunciated in
Republic Act No. 8042 shall be the operational In countries where there is an Filipino Workers
scheme under which Philippine embassies Resource Center, the services available to
abroad shall provide protection to trafficked overseas Filipinos as provided for in Republic
persons regardless of their immigration status. Act No. 8042 shall also be extended to trafficked
Under the Country Team Approach, all officers, persons regardless of their status in the host
representatives and personnel of the Philippine country.
government posted abroad regardless of their
mother agencies shall, on a per country basis, (c) Legal Assistance Fund. Trafficked persons
act as one-country team with mission under the shall be considered under the category
leadership of the Ambassador or the head of Overseas Filipinos in
mission. Distress and may avail of the Legal Assistance
Fund created by Republic Act No. 8042, subject
Sec. 29. Rescue at the Country of to the guidelines as provided by law, including
Destination. rules and regulations issued by the DFA as
to its utilization and disbursement.
(a) Procedure. When the victim is a Filipino
national and at the time of rescue is residing Sec. 30. Repatriation of Trafficked Persons.
abroad, the embassy or consulate which has The DFA, in coordination with DOLE and other
jurisdiction over the place where the victim is appropriate agencies, shall have the primary
residing shall verify the veracity of the report of responsibility for the repatriation of trafficked
a. Coverage
Almodiel v. NLRC, 223 SCRA 341 (1993) General Milling Corp. v. Torres, 196 SCRA 215 (1991)
RULE III. Revocation/Cancellation of Employment 7. Validity of Permits - The validity of permits shall
Permits Issued be as follows:
1. The permits issued may, motu proprio or 7.1 As a general rule, the validity of permits
upon a petition, be cancelled or revoked shall be for a period of one (1) year, unless
based on any of the following grounds: the employment contract, consultancy
services, or other modes of engagement or
1.1 Misrepresentation of facts or falsification term of office for elective officers, provides
of the documents submitted; for a longer period.
1.2 The foreign national has been declared 7.2 The effectivity of the renewal shall be on
as an undesirable alien by competent the day after the expiration of the previous
authorities; permit, regardless of whether or not the
1.3 Non-compliance with the conditions for renewal is granted before or after the
which the AEP was issued; expiration of the previous permit.
1.4 Failure to renew AEP within one (1) year 7.3 As a general rule, the permits shall be
after its expiration. valid only for the position and the employer
for which it was issued, except in case of
2. Petitions for cancellation or revocation of foreign nationals who are holders of multiple
permits issued shall be resolved within thirty positions in one corporation, where one AEP
(30) calendars from receipt thereof. shall be valid for such multiple positions.
7.4 The permits of resident foreign nationals
shall be valid for multiple employers,
5. Learners
Rule I
3.1. Compliance bye the applicant employer or the
Coverage and Exemption
foreign national with the substantive and
documentary requirements;
1. The following shall apply for Alien Employment
Permit (AEP):
3.2. Determination of the DOLE Secretary that
1.1. All foreign nationals seeking admission to the
there is no Filipino national who is competent,
Philippines for the purpose of employment;
able and willing to do the job for which the
services of the applicant is desired;
1.2. Missionaries or religious workers who intend
to engage in gainful employment;
3.3. Assessment of the DOLE Secretary that the
employment of the foreign national will redound
1.3. Holders of Special Investors Resident Visa
to national benefit;
(SIRV), Special Retirees Resident Visa (SRRV),
4. Denial of Application for AEP - An application
Treaty Traders Visa (9d) or Special Non-immigrant
for AEP may be denied based on the ground of
Visa (47(a)2), who occupy any executive, advisory,
non-compliance with any of the requirements for
supervisory, or technical position in any
issuance of AEP or for misrepresentation of facts
establishment;
in the application or submission of falsified or
tampered documents.
1.4. Agencies, organizations or individuals
whether public or private, who secure the
services of foreign professionals to practice their Foreign nationals whose applications have been
professions in the Philippines in the Philippines denied shall not be allowed to re-apply in any of
under reciprocity and other international the DOLE Regional Offices.
agreements;
6. The employer shall notify the DOLE-RO which A motion for Reconsideration filed after the period
issued the permit of the date of the assumption to of seven (7) calendar days but within ten (10)
duty of the foreign national within thirty (30) days calendar days after receipt of the denial shall be
from issuance of the permit. treated as an appeal.
7. Validity of Permits - The validity of permits shall An appeal from the decision of the DOLE Regional
be as follows: Director may be filed with the Secretary of labor
and Employment within ten (10) calendar days
from receipt of an Order from the DOLE Regional
7.1. As a general rule, the validity of permits shall Director. The decision of the Secretary of Labor
be for a period of one (1) year, unless the and Employment shall be final and unappealable.
employment contract, consultancy services, or
other modes of engagement or term of office for
elective officers, provides for a longer period.
Rule IV
7.2. The effectivity of the renewal shall be on the Penal and Transitory Provisions
day after the expiration of the previous permit,
regardless of whether or not the renewal is 1. The DOLE Regional Directors, after due notice
granted before or after the expiration of the and hearing, shall have the power to order and
previous permit. impose a fine of Five Thousand Pesos (P5,000.00)
on foreign nationals found working without an
7.3. As a general rule, the permits shall be valid AEP for less than one (1) year and Ten Thousand
only for the position and the employer for which it Pesos (P10,000.00) for more than one (1) year.
was issued, except in case of foreign nationals
who are holders of multiple positions in one 2. All applications for employment
corporation, where one AEP shall be valid for permit/certificates pending at the DOLE-RO upon
such multiple positions. the effectivity of these Guidelines shall be
covered and processed under the provisions of
7.4. The permits of resident foreign nationals shall these Guidelines.
be valid for multiple employers, regardless of the
nature and duration of their employment, 3. Holders of provisional and extended AEPs
provided that they shall report changes in their issued under Memorandum dated 24 August 2001
employment status and the identity of their regarding Alternative Interim Measures for the
employers to the DOLE Regional Office which has Issuance of Alien Employment Permits, shall
issued the permit. apply for an AEP pursuant to these Guidelines on
Rule III or before the expiration of the provisional and
Revocation/Cancellation of Employment Permits extended AEP.
Issued
1. The permits issued may, motu proprio or upon 4. Foreign nationals who are already working in
a petition, be cancelled or revoked based on any the country and who have not yet secured the
of the following grounds: requisite employment permit shall have ninety
1.1 Misrepresentation of facts or falsification of (90) days from the effectivity of these Guidelines
the documents submitted; to secure the said employment permit without
penalty.
1.2 The foreign national has been declared as an
undesirable alien by competent authorities; Rule V
Miscellaneous Provisions
1.3 Non-compliance with the conditions for which
the AEP was issued;
1. Manual of Operations. - The Bureau of Local
1.4 Failure to renew AEP within one (1) year after
Employment shall issue a Manual of Operations to
its expiration.
implement the provisions of these Guidelines.
Reference: Arts. 82-90; Omnibus Rules, Book III, Rules l, ART. 86. Night shift differential. - Every employee
lA, ll shall be paid a night shift differential of not less than
ten percent (10%) of his regular wage for each hour of
Title I work performed between ten oclock in the evening
WORKING CONDITIONS and six oclock in the morning.
AND REST PERIODS
SECTION 2. Exemption. The provisions of this (f) Non-agricultural field personnel if they regularly
Rule shall not apply to the following persons if they perform their duties away from the principal or branch
qualify for exemption under the conditions set forth office or place of business of the employer and whose
herein: actual hours of work in the field cannot be determined
with reasonable certainty.
(a) Government employees whether employed by the
National Government or any of its political SECTION 3. Hours worked. The following shall be
subdivision, including those employed in government- considered as compensable hours worked:
owned and/or controlled corporations;
(a) All time during which an employee is required to
(b) Managerial employees, if they meet all of the be on duty or to be at the employer's premises or to
following conditions: be at a prescribed work place; and
(1) Their primary duty consists of the management of (b) All time during which an employee is suffered or
the establishment in which they are employed or of a permitted to work.
department or sub-division thereof.
SECTION 4. Principles in determining hours worked.
(2) They customarily and regularly direct the work of The following general principles shall govern in
two or more employees therein. determining whether the time spent by an employee is
considered hours worked for purposes of this Rule:
(3) They have the authority to hire or fire employees
of lower rank; or their suggestions and (a) All hours are hours worked which the employee is
recommendations as to hiring and firing and as to the required to give his employer, regardless of whether
promotion or any other change of status of other or not such hours are spent in productive labor or
employees, are given particular weight. involve physical or mental exertion.
(c) Officers or members of a managerial staff if they (b) An employee need not leave the premises of the
perform the following duties and responsibilities: work place in order that his rest period shall not be
counted, it being enough that he stops working, may
(1) The primary duty consists of the performance of rest completely and may leave his work place, to go
work directly related to management policies of their elsewhere, whether within or outside the premises of
employer; his work place.
(2) Customarily and regularly exercise discretion and (c) If the work performed was necessary, or it
independent judgment; and benefited the employer, or the employee could not
abandon his work at the end of his normal working
Duman / Labor I / Prof. Battad / Page 65
hours because he had no replacement, all time spent SECTION 8. Overtime pay. Any employee covered
for such work shall be considered as hours worked, if by this Rule who is permitted or required to work
the work was with the knowledge of his employer or beyond eight (8) hours on ordinary working days shall
immediate supervisor. be paid an additional compensation for the overtime
work in the amount equivalent to his regular wage
(d) The time during which an employee is inactive by plus at least twenty-five percent (25%) thereof.
reason of interruptions in his work beyond his control
shall be considered working time either if the SECTION 9. Premium and overtime pay for holiday
imminence of the resumption of work requires the and rest day work. (a) Except employees referred
employee's presence at the place of work or if the to under Section 2 of this Rule, an employee who is
interval is too brief to be utilized effectively and permitted or suffered to work on special holidays or
gainfully in the employee's own interest. on his designated rest days not falling on regular
holidays, shall be paid with an additional
SECTION 5. Waiting time. (a) Waiting time spent compensation as premium pay of not less than thirty
by an employee shall be considered as working time if percent (30%) of his regular wage. For work
waiting is an integral part of his work or the employee performed in excess of eight (8) hours on special
is required or engaged by the employer to wait. holidays and rest days not falling on regular holidays,
an employee shall be paid an additional
compensation for the overtime work equivalent to his
(b) An employee who is required to remain on call in rate for the first eight hours on a special holiday or
the employer's premises or so close thereto that he rest day plus at least thirty percent (30%) thereof.
cannot use the time effectively and gainfully for his
own purpose shall be considered as working while on
call. An employee who is not required to leave word at (b) Employees of public utility enterprises as well as
his home or with company officials where he may be those employed in non-profit institutions and
reached is not working while on call. organizations shall be entitled to the premium and
overtime pay provided herein, unless they are
specifically excluded from the coverage of this Rule
SECTION 6. Lectures, meetings, training programs. as provided in Section 2 hereof.
Attendance at lectures, meetings, training
programs, and other similar activities shall not be
counted as working time if all of the following (c) The payment of additional compensation for work
conditions are met: performed on regular holidays shall be governed by
Rule IV, Book Three, of these Rules.
(a) Attendance is outside of the employee's regular
working hours; SECTION 10. Compulsory overtime work. In any of
the following cases, an employer may require any of
his employees to work beyond eight (8) hours a day,
(b) Attendance is in fact voluntary; and provided that the employee required to render
overtime work is paid the additional compensation
(c) The employee does not perform any productive required by these regulations:
work during such attendance.
(a) When the country is at war or when any other
SECTION 7. Meal and Rest Periods. Every national or local emergency has been declared by
employer shall give his employees, regardless of sex, Congress or the Chief Executive;
not less than one (1) hour time-off for regular meals,
except in the following cases when a meal period of (b) When overtime work is necessary to prevent loss
not less than twenty (20) minutes may be given by the of life or property, or in case of imminent danger to
employer provided that such shorter meal period is public safety due to actual or impending emergency in
credited as compensable hours worked of the the locality caused by serious accident, fire, floods,
employee: typhoons, earthquake, epidemic or other disaster or
calamities;
(a) Where the work is non-manual work in nature or
does not involve strenuous physical exertion; (c) When there is urgent work to be performed on
machines, installations, or equipment, in order to
(b) Where the establishment regularly operates not avoid serious loss or damage to the employer or
less than sixteen (16) hours a day; some other causes of similar nature;
(c) In case of actual or impending emergencies or (d) When the work is necessary to prevent loss or
there is urgent work to be performed on machineries, damage to perishable goods;
equipment or installations to avoid serious loss which
the employer would otherwise suffer; and (e) When the completion or continuation of work
started before the 8th hour is necessary to prevent
(d) Where the work is necessary to prevent serious serious obstruction or prejudice to the business or
loss of perishable goods. operations of the employer; or
Rest periods or coffee breaks running from five (5) to (f) When overtime work is necessary to avail of
twenty (20) minutes shall be considered as favorable weather or environmental conditions where
compensable working time. performance or quality of work is dependent thereon.
(b) The size of the population of the city or SECTION 10. Relation to Rule I. All provisions of
municipality shall be determined from the latest official Rule I of this Book which are not inconsistent with this
census issued by the Bureau of the Census and Rule shall be deemed applicable to hospital and clinic
Statistics. personnel.
Asia Pacific Christening, Inc. v. Farolan, 393 SCRA 454 3) Field Personnel, Art. 82; Rule I, Sec. 2 (f)
(2004)
Merdicar Fishing Corp v. NLRC, 297 SCRA 440 (1998)
Charlito Peranda v. Baganga Plywood Corp., et al., G.R. Auto Bus Transport Systems, Inc. v. Bautista, 458 SCRA 578
159577, May 3, 2006 (2005)
(d) Domestic servants and persons in the personal d. Compensable Hours of Work In general
service of another if they perform such services in the
employer's home which are usually necessary or 1) On Duty, Art. 84 (a); Rule I, Sec. 3 (a), Sec. 4 (a)
desirable for the maintenance and enjoyment thereof,
or minister to the personal comfort, convenience, or
safety of the employer as well as the members of his ART. 84. Hours worked. - Hours worked shall include (a) all
employer's household. time during which an employee is required to be on duty or
to be at a prescribed workplace; and (b) all time during
which an employee is suffered or permitted to work.
6) Persons in the Personal Service of Another, Rule I, Sec. 2 (d)
e. Specific Rules b) Shorter Meal Period (Less than One Hour, but Not Less
than 20 min.), Rule I, Sec. 7, 1st par.
1) Rest Period
(See Above)
a) Short Duration or Coffee Break, Art. 84, 2nd par.; Book III,
Rule I, Sec. 7, 2nd par. 4) Waiting Time, Rule I, Sec. 5 (a)
2) Meal Period
a) Regular Meal Period (One Hour), Art. 85; Rule I, Sec. 7, 1st 4) On Call, Rule I, Sec. 5 (b)
par.
b) An employee who is required to remain on call in the
ART. 85. Meal periods. - Subject to such regulations as the employer's premises or so close thereto that he cannot use
Secretary of Labor may prescribe, it shall be the duty of the time effectively and gainfully for his own purpose shall
every employer to give his employees not less than sixty be considered as working while on call. An employee who is
(60) minutes time-off for their regular meals. not required to leave word at his home or with company
officials where he may be reached is not working while on
SECTION 7. Meal and Rest Periods. Every employer shall call.
give his employees, regardless of sex, not less than one (1)
hour time-off for regular meals, except in the following cases 5) Inactive due to Work Interruptions, Book III, Rule I,
when a meal period of not less than twenty (20) minutes Sec. 4 (d)
may be given by the employer provided that such shorter
meal period is credited as compensable hours worked of the SECTION 4. Principles in determining hours worked. The
employee: following general principles shall govern in determining
whether the time spent by an employee is considered hours
Philippine Airlines, Inc. v. NLRC, 302 SCRA 582 (1999) worked for purposes of this Rule:
RULE I
(d) To prevent serious loss of perishable goods; (b) In cases of urgent work to be performed on the
machinery, equipment, or installation, to avoid serious loss
which the employer would otherwise suffer;
(e) Where the nature of the work is such that the employees
have to work continuously for seven (7) days in a week or
more, as in the case of the crew members of a vessel to (c) In the event of abnormal pressure of work due to special
complete a voyage and in other similar cases; and circumstances, where the employer cannot ordinarily be
expected to resort to other measures;
(f) When the work is necessary to avail of favorable weather
or environmental conditions where performance or quality of (d) To prevent loss or damage to perishable goods;
work is dependent thereon.
(e) Where the nature of the work requires continuous
No employee shall be required against his will to work on his operations and the stoppage of work may result in
scheduled rest day except under circumstances provided in irreparable injury or loss to the employer; and
this Section: Provided, However, that where an employee
volunteers to work on his rest day under other (f) Under other circumstances analogous or similar to the
circumstances, he shall express such desire in writing, foregoing as determined by the Secretary of Labor and
subject to the provisions of Section 7 hereof regarding Employment.
additional compensation.
SECTION 5. Schedule of rest day. (a) Where the weekly (d) The payment of additional compensation for work
rest is given to all employees simultaneously, the employer performed on regular holiday shall be governed by Rule IV,
shall make known such rest period by means of a written Book Three, of these regulations.
notice posted conspicuously in the work place at least one
week before it becomes effective.
(e) Where the collective bargaining agreement or other
applicable employment contract stipulates the payment of a
(b) Where the rest period is not granted to all employees higher premium pay than that prescribed under this Section,
simultaneously and collectively, the employer shall make the employer shall pay such higher rate.
known to the employees their respective schedules of
weekly rest through written notices posted conspicuously in
SECTION 8. Paid-off days. Nothing in this Rule shall justify
the work place at least one week before they become
an employer in reducing the compensation of his employees
effective.
for the unworked Sundays, holidays, or other rest days
which are considered paid-off days or holidays by agreement
SECTION 6. When work on rest day authorized. An or practice subsisting upon the effectivity of the Code.
employer may require any of his employees to work on his
scheduled rest day for the duration of the following
SECTION 9. Relation to agreements. Nothing herein shall
emergencies and exceptional conditions:
prevent the employer and his employees or their
Duman / Labor I / Prof. Battad / Page 75
representatives in entering into any agreement with terms c. Premium Pay, Art. 93 9a) (b) (c)
more favorable to the employees than those provided
herein, or be used to diminish any benefit granted to the
employees under existing laws, agreements, and voluntary d. CBA on Higher Premium Pay, Art. 93 (d)
employer practices.
3. Holidays
Chapter III
HOLIDAYS, SERVICE INCENTIVE LEAVES
AND SERVICE CHARGES
ART. 94. Right to holiday pay. - (a) Every worker shall be
paid his regular daily wage during regular holidays, except in
retail and service establishments regularly employing less
than ten (10) workers;
a. Coverage, Art. 82, 91; Rule III, Sec. 1
ART. 82. Coverage. - The provisions of this Title shall apply (b) The employer may require an employee to work on any
to employees in all establishments and undertakings holiday but such employee shall be paid a compensation
whether for profit or not, but not to government employees, equivalent to twice his regular rate; and
managerial employees, field personnel, members of the
family of the employer who are dependent on him for (c) As used in this Article, "holiday" includes: New Years
support, domestic helpers, persons in the personal service of Day, Maundy Thursday, Good Friday, the ninth of April, the
another, and workers who are paid by results as determined first of May, the twelfth of June, the fourth of July, the
by the Secretary of Labor in appropriate regulations. thirtieth of November, the twenty-fifth and thirtieth of
December and the day designated by law for holding a
As used herein, "managerial employees" refer to those general election.
whose primary duty consists of the management of the
establishment in which they are employed or of a EXECUTIVE ORDER NO. 203 June 30, 1987
department or subdivision thereof, and to other officers or
members of the managerial staff.
PROVIDING A LIST OF REGULAR HOLIDAYS AND
SPECIAL DAYS TO BE OBSERVED THROUGHOUT
"Field personnel" shall refer to non-agricultural employees THE PHILIPPINES AND FOR OTHER PURPOSES
who regularly perform their duties away from the principal
place of business or branch office of the employer and
whose actual hours of work in the field cannot be WHEREAS, a Cabinet Assistance Secretariat
determined with reasonable certainty. Committee was constituted to review all existing
public holidays;
b. Determination; compulsory Work; Compensation, Arts. 91,
92 WHEREAS, there are too many holidays being
observed which has caused confusion among the
Manila Electric Co. v. Public Utilities Employees Assn, 79 Phil. public.
409
NOW, THEREFORE, I, CORAZON C. AQUINO,
President of the Philippines, do hereby order:
(e) Field personnel and other employees whose time and (c) Where the day immediately preceding the holiday is a
performance is unsupervised by the employer including non-working day in the establishment or the scheduled rest
those who are engaged on task or contract basis, purely day of the employee, he shall not be deemed to be on leave
commission basis, or those who are paid a fixed amount for of absence on that day, in which case he shall be entitled to
performing work irrespective of the time consumed in the the holiday pay if he worked on the day immediately
performance thereof. preceding the non-working day or rest day.
SECTION 2. Status of employees paid by the month. SECTION 7. Temporary or periodic shutdown and temporary
Employees who are uniformly paid by the month, cessation of work. (a) In cases of temporary or periodic
irrespective of the number of working days therein, with a shutdown and temporary cessation of work of an
salary of not less than the statutory or established minimum establishment, as when a yearly inventory or when the
wage shall be paid for all days in the month whether worked repair or cleaning of machineries and equipment is
or not. undertaken, the regular holidays falling within the period
shall be compensated in accordance with this Rule.
For this purpose, the monthly minimum wage shall not be
less than the statutory minimum wage multiplied by 365 (b) The regular holiday during the cessation of operation of
days divided by twelve. an enterprise due to business reverses as authorized by the
Secretary of Labor and Employment may not be paid by the
SECTION 3. Holiday Pay. Every employer shall pay his employer.
employees their regular daily wage for any worked regular
holidays. SECTION 8. Holiday pay of certain employees. (a) Private
school teachers, including faculty members of colleges and
As used in the rule, the term 'regular holiday' shall universities, may not be paid for the regular holidays during
exclusively refer to: New Year's Day, Maundy Thursday, Good semestral vacations. They shall, however, be paid for the
Friday, the ninth of April, the first of May, the twelfth of regular holidays during Christmas vacation;
June, the last Sunday of August, the thirtieth of November,
the twenty-fifth and thirtieth of December. Nationwide (b) Where a covered employee, is paid by results or output,
special days shall include the first of November and the last such as payment on piece work, his holiday pay shall not be
day of December. less than his average daily earnings for the last seven (7)
actual working days preceding the regular holiday; Provided,
However, that in no case shall the holiday pay be less than
the applicable statutory minimum wage rate.
a. Definition
b. Coverage/Exclusions, Art. 94 (a) (b) The employer may require an employee to work on any
holiday but such employee shall be paid a compensation
ART. 94. Right to holiday pay. - (a) Every worker shall be equivalent to twice his regular rate; and
paid his regular daily wage during regular holidays, except in
retail and service establishments regularly employing less 1) Faculty in Private School, Rule IV, Sec. 8 (a)
than ten (10) workers;
SECTION 8. Holiday pay of certain employees. (a) Private
Mantrade/FMMC Division Employees and Workers Union v. school teachers, including faculty members of colleges and
Bacungan, 144 SCRA 510 (1986) universities, may not be paid for the regular holidays during
semestral vacations. They shall, however, be paid for the
regular holidays during Christmas vacation;
6) Divisor as Factor
7) Sunday, Art. 93 9a), 2nd Sentence; Rule III, Sec. 2 (d) 'Id-ul-Fitr (Hari Raya Pausa), which falls on the
first day of the tenth lunar month of Shawwal,
ART. 93. Compensation for rest day, Sunday or holiday work. commemorating the end of the fasting season;
- (a) Where an employee is made or permitted to work on and
his scheduled rest day, he shall be paid an additional
compensation of at least thirty percent (30%) of his regular (e) 'Id-ul-Adha (Hari Raja Haji), which falls on the
wage. An employee shall be entitled to such additional tenth day of the twelfth lunar month of Dhu 1-
compensation for work performed on Sunday only when it is Hijja.
his established rest day.
BO OK FI VE
MI SCE LL AN EOU S AN D T RAN SI TORY PR OV ISI ON S
TI TL E I
MU SL IM H OL IDA YS
SECTION 6. Absences. (a) All covered employees shall be b. Computation and Liability
entitled to the benefit provided herein when they are on
leave of absence with pay. Employees who are on leave of Sentinel Security Agency, Inc. v. NLRC, 295 SCRA 123
absence without pay on the day immediately preceding a 1998)
regular holiday may not be paid the required holiday pay if
he has not worked on such regular holiday.
(b) This provision shall not apply to those who are already 5. Paternity Leave, Paternity Leave of 1996 (RA 8187), Secs. 1-
enjoying the benefit herein provided, those enjoying 6; Impl. Rules
vacation leave with pay of at least five days and those
employed in establishments regularly employing less than
REPUBLIC ACT NO. 8187
ten employees or in establishments exempted from granting
this benefit by the Secretary of Labor and Employment after
considering the viability or financial condition of such AN ACT GRANTING PATERNITY LEAVE OF
establishment. SEVEN (7) DAYS WITH FULL PAY TO ALL
MARRIED MALE EMPLOYEES IN THE PRIVATE
AND PUBLIC SECTORS FOR THE FIRST FOUR (4)
(c) The grant of benefit in excess of that provided herein
DELIVERIES OF THE LEGITIMATE SPOUSE WITH
shall not be made a subject of arbitration or any court or
WHOM HE IS COHABITING AND FOR OTHER
administrative action.
PURPOSES.
For purposes, of this Act, delivery shall include This Act, which is a consolidation of Senate Bill
childbirth or any miscarriage. No. 1032 and House Bill No. 7134 was finally passed
by the Senate and the House of Representatives on
SECTION 3. Definition of Term. - For purposes of June 8, 1996.
this Act, Paternity Leave refers to the benefits
granted to a married male employee allowing him not
to report for work for seven (7)
days but continues to earn the compensation therefor,
on the condition that his spouse has delivered a child 1. Parental Leave, Solo Parents Welfare Act of 2000 (RA 8972);
or suffered a miscarriage for purposes of enabling Impl. Rules
him to effectively lend
support to his wife in her period of recovery and/or in
the nursing of the newly-born child. REPUBLIC ACT NO. 8972
SECTION 4. The Secretary of Labor and AN ACT PROVIDING FOR BENEFITS AND
Employment, the Chairman of the Civil Service PRIVILEGES TO SOLO PARENTS AND THEIR
Commission and the Secretary of Health shall, within CHILDREN, APPROPRIATING FUNDS THEREFOR
thirty (30) days from the effectivity of AND FOR OTHER PURPOSES
this Act, issue such rules and regulations necessary
for the proper implementation of the provisions
hereof. Be it enacted by the Senate and House of
Representatives of the Philippines Congress
SECTION 5. Any person, corporation, trust, firm, assembled:
partnership, association or entity found violating this
Act or the rules and regulations promulgated Section 1. Title. - This Act shall be known as the
thereunder shall be punished by a fine not exceeding "Solo Parents' Welfare Act of 2000."
Twenty-five thousand pesos (P25,000) or
imprisonment of not less than thirty (30)days nor more Section 2. Declaration of Policy. - It is the policy of
than six (6) months. the State to promote the family as the foundation of
the nation, strengthen its solidarity and ensure its total
If the violation is committed by a corporation, trust development. Towards this end, it shall develop a
or firm, partnership, association or any other entity, comprehensive program of services for solo parents
the penalty of imprisonment shall be imposed on the and their children to be carried out by the Department
entity's responsible officers, including, but not limited of Social Welfare and Development (DSWD), the
to, the president, vice-president, chief executive Department of Health (DOH), the Department of
officer, general manager, managing director or Education, Culture and Sports (DECS), the
partner directly responsible therefor. Department of the Interior and Local Government
(DILG), the Commission on Higher Education
SECTION 6. Nondiminution Clause. - Nothing in (CHED), the Technical Education and Skills
this Act shall be construed to reduce any existing Development Authority (TESDA), the National
benefits of any form granted under existing laws, Housing Authority (NHA), the Department of Labor
decrees, executive orders, or any and Employment (DOLE) and other related
contract agreement or policy between employer and government and nongovernment agencies.
employee.
SECTION 7. Repealing Clause. - All laws, Section 3. Definition of Terms. - Whenever used in
ordinances, rules, regulations, issuances, or parts this Act, the following terms shall mean as follows:
thereof which are inconsistent with this Act are
hereby repealed or modified accordingly. (a) "Solo parent" - any individual who falls
under any of the following categories:
SECTION 8. Effectivity. - This Act shall take effect
(15) days from its publication in the Official Gazette
(1) A woman who gives birth as a
or in at least two (2) newspapers of national
result of rape and other crimes
circulation.
against chastity even without a final
conviction of the offender: Provided,
That the mother keeps and raises
Approved: the child;
(10) Any family member who (a) Livelihood development services which
assumes the responsibility of head include trainings on livelihood skills, basic
of family as a result of the death, business management, value orientation and
abandonment, disappearance or the provision of seed capital or job
prolonged absence of the parents placement.
or solo parent.
(b) Counseling services which include
A change in the status or individual, peer group or family counseling.
circumstance of the parent claiming This will focus on the resolution of personal
benefits under this Act, such that relationship and role conflicts.
he/she is no longer left alone with
the responsibility of parenthood, (c) Parent effectiveness services which
shall terminate his/her eligibility for include the provision and expansion of
these benefits. knowledge and skills of the solo parent on
early childhood development, behavior
(b) "Children" - refer to those living with and management, health care, rights and duties
dependent upon the solo parent for support of parents and children.
who are unmarried, unemployed and not
more than eighteen (18) years of age, or (d) Critical incidence stress debriefing which
even over eighteen (18) years but are includes preventive stress management
incapable of self-support because of mental strategy designed to assist solo parents in
and/or physical defect/disability. coping with crisis situations and cases of
abuse.
(c) "Parental responsibility" - with respect to
their minor children shall refer to the rights
Duman / Labor I / Prof. Battad / Page 82
(e) Special projects for individuals in need of children; and (3) assess the effectiveness of
protection which include temporary shelter, programs designed for disadvantaged solo
counseling, legal assistance, medical care, parents and their children;
self-concept or ego-building, crisis
management and spiritual enrichment. (b) Coordinate the activities of various
governmental and nongovernmental
Section 6. Flexible Work Schedule. - The employer organizations engaged in promoting and
shall provide for a flexible working schedule for solo protecting the interests of solo parents and
parents: Provided, That the same shall not affect their children; and
individual and company productivity: Provided,
further, That any employer may request exemption (c) Monitor the implementation of the
from the above requirements from the DOLE on provisions of this Act and suggest
certain meritorious grounds. mechanisms by which such provisions are
effectively implemented.
Section 7. Work Discrimination. - No employer shall
discriminate against any solo parent employee with Section 13. Implementing Rules and Regulations. -
respect to terms and conditions of employment on An interagency committee headed by the DSWD, in
account of his/her status. coordination with the DOH, DECS, CHED, TESDA,
DOLE, NHA, and DILG is hereby established which
Section 8. Parental Leave. - In addition to leave shall formulate, within ninety (90) days upon the
privileges under existing laws, parental leave of not effectivity of this Act, the implementing rules and
more than seven (7) working days every year shall be regulations in consultation with the local government
granted to any solo parent employee who has units, nongovernment organizations and people's
rendered service of at least one (1) year. organizations.
Section 9. Educational Benefits. - The DECS, CHED Section 14. Appropriations. - The amount necessary
and TESDA shall provide the following benefits and to carry out the provisions of this Act shall be included
privileges: in the budget of concerned government agencies in
the General Appropriations Act of the year following
(1) Scholarship programs for qualified solo its enactment into law and thereafter.1awphil.net
parents and their children in institutions of
basic, tertiary and technical/skills education; Section 15. Repealing Clause. - All laws, decrees,
and executive orders, administrative orders or parts
thereof inconsistent with the provisions of this Act are
(2) Nonformal education programs hereby repealed, amended or modified accordingly.
appropriate for solo parents and their
children. Section 16. Separability Clause. - If any provision of
this Act is held invalid or unconstitutional, other
The DECS, CHED and TESDA shall promulgate rules provisions not affected thereby shall continue to be in
and regulations for the proper implementation of this full force and effect.
program.
Section 17. Effectivity Clause. - This Act shall take
Section 10. Housing Benefits. - Solo parents shall be effect fifteen (15) days following its complete
given allocation in housing projects and shall be publication in the Official Gazette or in at least two (2)
provided with liberal terms of payment on said newspaper of general circulation.
government low-cost housing projects in accordance
with housing law provisions prioritizing applicants Approved.
below the poverty line as declared by the NEDA.
(Sgd.)
Section 11. Medical Assistance. - The DOH shall
develop a comprehensive health care program for JOSEPH EJERCITO ESTRADA
solo parents and their children. The program shall be President of the Philippines
implemented by the DOH through their retained
hospitals and medical centers and the local Republic of the Philippines
government units (LGUs) through their National Economic Development Authority
provincial/district/city/municipal hospitals and rural SOCIAL DEVELOPMENT COMMITTEE (SDC)
health units (RHUs). Resolution No.2 (Series 2002)
APPROVING THE IMPLEMENTING RULES AND
Section 12. Additional Powers and Functions of the REGULATIONS (IRR)
DSWD. The DSWD shall perform the following OF REPUBLIC ACT 8972 PROVIDING FOR
additional powers and functions relative to the welfare BENEFITS AND PRIVILEGES
of solo parents and their families: TO SOLO PARENTS AND THEIR CHILDREN
WHEREAS, it is the policy of the State to promote the
(a) Conduct research necessary to: (1) family as the foundation of the nation, strengthen its
develop a new body of knowledge on solo solidarity and ensure its total development;
parents; (2) define executive and legislative WHEREAS, in support of this State policy, R.A. 8972,
measures needed to promote and protect otherwise known as the Solo Parents Welfare Act of
the interest of solo parents and their 2000, has been enacted to develop a comprehensive
Duman / Labor I / Prof. Battad / Page 83
program for social development and welfare services Labor and Employment (DOLE) and other related
for solo parents and their children; government agencies and non-government
WHEREAS, to ensure the implementation of the Act, organizations or civil society.
the Department of Social Welfare and Development Section 5. Objective These Rules and Regulations
was tasked to coordinate with concerned agencies seek to clarify the scope and application of the Act in
and perform additional functions relative to the order that the proper parties may avail of its benefits.
welfare and development of solo parents and their ARTICLE III
children; DEFINITION OF TERMS
WHEREAS, an interagency committee headed by Section 6. Definition of terms As used in these
DSWD and participated in by the Departments of Rules, the following terms shall mean as follows:
Health (DOH), Education (DepEd), Labor and
Employment (DOLE), and Interior and Local (a) Act the Solo Parents Welfare Act of
Government (DILG), Commission on Higher 2000;
Education (CHED), Technical Education and Skills
Development Authority (TESDA), and National (b) Solo Parent any individual who falls
Housing Authority (NHA) drafted the IRR in under any of the following categories:
consultation with the local government units, non-
government organizations and peoples organizations; (1) A woman who gives birth as a
WHEREAS, the draft IRR was deliberated upon and result of rape or crimes against chastity,
approved by the members of the SDC-Cabinet level even without a final conviction of the
subject to the incorporation of certain comments offender: Provided, that the mother keeps
during its meeting on the 10th day of April 2002; and raises the child;
NOW, THEREFORE, BE IT RESOLVED, AS IT IS
HEREBY RESOLVED, by the Chairman and (2) Parent left solo or alone with the
members of the NEDA Boards Social Development responsibility of parenthood due to death of
Committee-Cabinet level, to approve the IRR of R.A. spouse;
8972.
RESOLVED FURTHER, that this IRR shall be (3) Parent left solo or alone with the
published at least in one newspaper of general responsibility of parenthood while the spouse
circulation. is detained, or is serving sentence for a
Adopted, this 10 day of April in the year of our Lord, criminal conviction for at least one (1) year;
Two Thousand and Two, Pasig City.
The law applies to the spouses of prisoners, whether
RULES AND REGULATIONS IN THE or not a final judgement has been rendered, provided
IMPLEMENTATION OF REPUBLIC ACT NO. 8972, they are in detention for a minimum period of one (1)
AN ACT PROVIDING FOR BENEFITS AND year;
PRIVILEGES TO SOLO PARENTS AND THEIR
CHILDREN, APPROPRIATING FUNDS THEREFOR (4) Parent left solo or alone with the
AND FOR OTHER PURPOSES responsibility of parenthood due to physical
ARTICLE I and/or mental incapacity of spouse as
TITLE, PURPOSE AND CONSTRUCTION certified by a public medical practitioner;
Section 1. Title These rules shall be known and
cited as the Rules and Regulations Implementing (5) Parent left solo or alone with the
Republic Act No. 8972, more commonly known as the responsibility of parenthood due to legal
Solo Parents Welfare Act of 2000. separation or de facto separation from
Section 2. Purpose These Rules are promulgated to spouse for at least one (1) year: Provided,
prescribe the procedure and guidelines for the that he or she is entrusted with the custody
implementation of the Solo Parents Welfare Act of of the children;
2000 in order to facilitate the compliance therewith
and to achieve the objectives thereof. (6) Parent left solo or alone with the
Section 3. Construction These Rules shall be responsibility of parenthood due to
liberally construed in favor of the solo parent and declaration of nullity or annulment of
applied in accordance with and in furtherance of the marrriage as decreed by a court or by a
policy and objectives of the law. In case of conflict church: Provided, that he/she is entrusted
and/or ambiguity, which may arise in the with the custody of the children;
implementation of these Rules, the concerned
agencies shall issue the necessary clarification. (7) Parent left solo or alone with the
ARTICLE II responsibility of parenthood due to
DECLARATION OF POLICIES AND OBJECTIVES abandonment of spouse for at least one (1)
Section 4. Declaration of Policy It is the policy of the year;
State to promote the family as the foundation of the
nation, strengthen its solidarity and ensure its total (8) Unmarried mother/father who
development. Towards this end, it shall develop a has preferred to keep and rear his/her
comprehensive program of services for solo parents child/children instead of having others care
and their children to be carried out by the Department for them or give them up to a welfare
of Social Welfare and Development (DSWD), the institution;
Department of Health (DOH), the Department of
Education (DepEd), the Department of the Interior (9) Any other person who solely
and Local Government (DILG), the Commission on provides parental care and support to a child
Higher Education (CHED), the Technical Education or children provided he/she is duly licensed
and Skills Development Authority (TESDA), the as a foster parent by the DSWD or duly
National Housing Authority (NHA), the Department of appointed legal guardian by the court;
Duman / Labor I / Prof. Battad / Page 84
(7) To Impose discipline on them as
(10) Any family member who may be required under the circumstances;
assumes the responsibility of head of family and
as a result of the death, abandonment,
disappearance, or absence lasts for at least (8) To perform such other duties as
one (1) year. are imposed by law and upon parents and
guardians;
A change in the status or circumstance of the parent
claiming benefits under the Act, such that he/she is no (g) Parental leave shall mean leave
longer left alone with the responsibility of parenthood, benefits granted to a solo parent to enable him/her to
shall terminate his/her eligibility for these benefits; perform parental duties and responsibilities where
physical presence is required;
(c) Family shall refer to the Solo Parent
and his/her child/children; Provided, however, that the (h) Flexible work schedule is the right
family member referred to in Section 3, paragraph granted to a solo parent employee to vary his/her
(a)(10) of these Rules shall include any relative by arrival and departure time without affecting the core
consanguinity up to the fourth civil degree. These work hours as defined by the employer;
persons shall include, but are not limited to, any
uncle, aunt, grandfather, grandmother, niece, nephew, (i) DSWD shall refer to the Department of
or cousin; Social Welfare and Development;
(d) Social Worker a person who is a (j) DOH shall refer to the Department of
graduate of Social Work and duly registered pursuant Health;
to Republic Act 4373 and employed with the Social (k) DOLE shall refer to the Department of
Welfare and Development Office of the local Labor and Employment;
government unit where the solo parent resides;
(l) DepEd shall refer to the Department of
(e) Children refer to those living with and Education;
dependent upon the solo parent for support who are
unmarried, unemployed and below eighteen (18) (m) DILG shall refer to the Department of
years of age, or even eighteen (18) years and the Interior and Local Government;
above but are incapable of self-support and/or
mentally and/or physically challenged; (n) CHED shall refer to the Commission
on Higher Education;
(f) Parental responsibility with respect to
their minor children shall refer to the rights and duties (o) NHA shall refer to the National
of the parents as defined in Article 220 of Executive Housing Authority;
Order No. 209, as amended, otherwise known as the
Family Code of the Philippines, and hereunder (p) TESDA shall refer to the Technical
enumerated as follows: Education and Skills Development Authority;
(1) To keep them in their company, (q) NEDA shall refer to the National
to support, educate and instruct them by Economic and Development Authority;
right precept and good example and to
provide for their upbringing in keeping with (r) NSCB shall refer to the National
their means; Statistical Coordination Board, an attached agency of
NEDA and responsible for determining the regional
(2) To give them love and affection, poverty threshold.
advice and counsel, companionship and
understanding; ARTICLE IV
CRITERIA FOR SUPPORT
(3) To provide them with moral and Section 7. Criteria for Support Any solo parent
spiritual guidance, inculcate in them honesty, whose income in the place of domicile falls equal to
integrity, self-discipline, self-reliance, or below the poverty threshold as set by the NSCB
industry and thrift, stimulate their interest in and subject to the assessment of the duly appointed
civic affairs, and inspire in them compliance or designated social worker in the area shall be
with the duties of citizenship; eligible for assistance: Provided, however, That any
solo parent whose income is above the poverty
(4) To furnish them with good and threshold shall enjoy the benefits mentioned in
wholesome educational materials, supervise Sections 16, 17, 18, 19, 20, 21 and 23 of these Rules.
their activities, recreation and association For purposes of the Act and these Rules, the place of
with others, protect them from bad company, domicile shall refer to the residence mentioned in
and prevent them from acquiring habits Section 8(a) of these Rules.
detrimental to their health, studies and Section 8. Qualifications of Solo Parent A solo
morals; parent seeking benefits other than those provided for
under Sections 16, 17, 18, 19, 20, 21 and 23 of these
(5) To represent them in all matters Rules shall be qualified on the basis of the following:
affecting their interest;
(a) A resident of the area where the
(6) To demand from them respect assistance is sought, as certified by
and obedience; the barangay captain; Provided, that
if the solo parent is a transferee from
Duman / Labor I / Prof. Battad / Page 85
another barangay, he/she is required
to secure a clearance from his/her
previous barangay, indicating
whether or not he/she has availed of
any benefits for solo parents, and
the nature of such benefits.
7. Circumstances of being solo; (c) Comply with the requirements set forth by
the agency providing the service for the
(c) Undergo the necessary assessment duration of the assistance (e.g.
process as stipulated in Section 9 schooling, housing) subject to existing
Article IV of these Rules; rules of the agencies concerned.
(d) A Social Case Study Report shall be Section 12. Procedure for Termination of Benefits
prepared by the social worker based on
the information/data provided for by the (a) A solo parent shall manifest to the Social
applicant, as well as his/her Welfare Office his/her intention to
assessment of said applicant, indicating withdraw the availment of the benefits
therein the appropriate services under this Act.
needed.
(b) If the solo parent does not voluntarily
(e) The Social Case Study Report, together manifest his/her intention to terminate
with a referral letter prepared by the the provision of benefits and services
social worker, shall be forwarded by the before the lapse of one year from the
Office of the City/Municipal Social issuance of the Solo Parent I.D., the
Welfare and Development Office to the Social Worker, based on a report by the
Duman / Labor I / Prof. Battad / Page 87
employer or any interested person shall benefits of this item shall be provided for by the DOLE
conduct the necessary and TESDA; the provision of seed capital shall be
assessment/evaluation to ascertain if guided by the credit policy of the National Credit
grounds for termination and withdrawal Council as contained in E.O. No. 138, Rationalization
of benefits exist. The Identification Card of Government Directed Credit Program, passed in
shall cease to be effective upon the 1999.
lapse of one year from issuance, unless
renewed based on a new assessment (b) Counseling services, which include
and evaluation. Failure to renew will individual, peer group or family
mean that he/she has changed counseling. These will focus on the
his/her status as a solo parent. resolution of personal relationship and
role conflicts.
(c) The solo parent shall be informed of the
result of the assessment/evaluation and The criteria and procedure for evaluation of
termination of the service, if warranted, beneficiaries for the purposes of availing of the
through written notice. The termination benefits of this item shall be provided for by the
shall take effect 30 days from the DSWD;
receipt of the notice of termination. In
cases when the service cannot be (c) Parent effectiveness services which
terminated in a period of one month, include the provision and expansion of
e.g. schooling, the service shall be knowledge and skills of the solo parent
completed until its due time. on early childhood development,
behavior management, health care and
The NHA and other participating housing agencies proper nutrition, rights and duties of
shall issue the guidelines in the termination of housing parents and children;
benefits provided in sections 23 and 24 of these
Rules. (d) Critical incidence stress debriefing, which
(d) The solo parent and his/her children shall includes preventive stress management
undergo psychosocial counseling with strategy designed to assist solo parents
the social worker to prepare them for in coping with crisis situations and
independent living. cases of abuse;
Section 13. Relocation of the Family In the event a (e) Special projects for individuals in need of
solo parent decides to relocate his/her family, he/she protection which include temporary
shall inform the city/municipal Social Welfare and shelter, counseling, legal assistance,
Development Office. Said office shall thereupon medical care, self-concept or ego-
transmit the records to the city/municipal Social building, crisis management and
Welfare and Development Office of the place of spiritual enrichment.
relocation.
Section 14. Duty to Monitor It shall be the duty of Section 16. Flexible Work Schedule The employer
the city/municipal Social Welfare Officer who receives shall provide for a flexible work schedule for solo
said records, to assign a social worker to monitor the parents: Provided, That the same shall not affect
status of the relocated solo parent and his/her family. individual and company productivity: Provided further,
Moreover, it shall also be the duty of said officer to That any employer may request exemption from the
coordinate with the concerned agencies of any above requirements from the DOLE on certain
changes in the status of the solo parent receiving meritorious grounds.
benefits from said agencies. In the case of employees in the government service,
ARTICLE V flexible working hours will be subject to the discretion
BENEFITS of the head of the agency. In no case shall the weekly
Section 15. Comprehensive Package of Social working hours be reduced in the event the agency
Development and Welfare Services A adopts the flexible working hours schedule format
comprehensive package of social development and (flexi-time). In the adoption of flexi-time, the core
welfare services for solo parents and their families will working hours shall be prescribed taking into
be developed by the DSWD, DOH, DepEd, CHED, consideration the needs of the service..
TESDA, DOLE, NHA and DILG, in coordination with Section 17. Work Discrimination No
local government units and non-governmental employer shall discriminate against any solo parent
organizations with proven track record in providing employee with respect to terms and conditions of
services for solo parents. employment on account of his/her status.
The DSWD shall coordinate with concerned agencies Section 18. Parental Leave In addition to leave
the implementation of the comprehensive package of privileges under existing laws, parental leave of not
social development and welfare services for solo more than seven (7) working days every year shall be
parents and their families. The package will initially granted to any solo parent employee who has
include: rendered service of at least one (1) year. The seven-
day parental leave shall be non-cumulative.
(a) Livelihood development services, which Section 19. Conditions for Entitlement of Parental
include training on livelihood skills, Leave A solo parent shall be entitled to parental
basic business management, value leave provided that:
orientation and the provision of seed
capital or job placement. (a) He/She has rendered at least one (1)
year of service whether continuous or
The criteria and procedure for evaluation of broken at the time of the affectivity of
beneficiaries for the purposes of availing of the the Act;
Duman / Labor I / Prof. Battad / Page 88
regulations of participating housing agencies shall be
(b) He/She has notified his/her employer of provided with liberal terms of payment on government
the availment thereof within a low-cost housing projects, in accordance with housing
reasonable time period; and law provisions, prioritizing applicants below the
poverty line as declared by the NSCB.
(c) He/She has presented a Solo Parent Section24. The NHA shall make available housing
Identification Card to his/her employer. units to solo parents in its housing projects subject to
existing disposition policies or may refer them to other
Section 20. Non-conversion of Parental Leave In housing projects, as appropriate, provided that:
the event that the parental leave is not availed of, said
leave shall not be convertible to cash unless (a) The identified solo parent must be eligible
specifically agreed upon previously. However, if said for assistance under the provisions of
leave were denied an employee as a result of non- this Act;
compliance with the provisions of these Rules by an
employer, the aforementioned leave may be used a (b) Solo parents applying for housing
basis for the computation of damages. benefits must meet the qualification
Section 21. Crediting of Existing Leave If there is an criteria for housing assistance under
existing or similar benefit under a company policy, or Republic Act 7279, or the Urban
a collective bargaining agreement or collective Development and Housing Act
negotiation agreement the same shall be credited as (UDHA) and other NHA eligibility
such. If the same is greater than the seven (7) days criteria under existing policies, rules
provided for in the Act, the greater benefit shall and regulations; and
prevail.
Emergency or contingency leave provided under a (c) Eligible solo parents shall file their
company policy or a collective bargaining agreement application for housing unit directly
shall not be credited as compliance with the parental with the concerned NHA Project
leave provided for under the Act and these Rules. Offices.
Section 22. Educational Benefits The DepEd, CHED Upon written request, the NHA shall provide the
and TESDA shall provide the following benefits and DSWD a listing of NHA projects with available
privileges: housing units for disposition. This list shall be updated
and provided semi-annually.
(a) Scholarship programs for qualified solo Section 25. Medical Assistance The DOH shall
parents and their children in develop a comprehensive health care program for
institutions of basic, tertiary and solo parents and their children. The program shall be
technical/skills education; implemented by the DOH through their retained
hospitals and medical centers and the local
(b) Non-formal education programs government units (LGUs) through their
appropriate for solo parents and their provincial/district/city/municipal hospitals and rural
children. health units (RHUs).
Section 26. Essential Health Packages To ensure
Application Procedure: the state of well-being of the solo parent and his/her
family, healthy/medical services shall be made
1. Applicant must secure application form available at all times, in all levels of health care
from either DepEd, CHED and TESDA delivery system as mentioned in the previous section.
depending on their need; These health/medical services shall be part of the
regular essential health packages being provided at
2. Submit the duly accomplished application various stages of life.
form together with the required
documents to the appropriate agency. ARTICLE VI
ADDITIONAL POWERS AND FUNCTIONS OF THE
The following are the documents required to be DSWD
attached with the application: Section 27. Additional Powers and Functions of the
DSWD The DSWD shall perform the following
1. Solo Parent Identification Card additional powers and functions relative to the welfare
and development of solo parents and their families:
2. Barangay Clearance
(a) Conduct research necessary to:
3. Birth Certificate
(1) develop a new body of knowledge
4. Notice of admission from the on solo parents;
school
(2) Define executive and legislative
5. Original or Certified True Copy of measures needed to promote and
the transcript of record, or the protect the interest of solo parents
Report Care of the last year the and their children; and
applicant attended school.
(3) Assess the effectiveness of policies
Section 23. Housing Benefits Solo parents who and programs designed for solo
meet the eligibility criteria for housing assistance parents and their children;
under R.A. No. 7279 (Urban Development and
Housing Act of 1992) and other related rules and
Duman / Labor I / Prof. Battad / Page 89
The commissioning or contracting out for the conduct RULE VI
of said research shall be inherent in the performance Service Charges
of herein function;
SECTION 1. Coverage. This rule shall apply only to
(b) Coordinate the activities of various establishments collecting service charges such as hotels,
government agencies, LGUs, and non- restaurants, lodging houses, night clubs, cocktail lounge,
government organizations engaged in massage clinics, bars, casinos and gambling houses, and
promoting and protecting the interests similar enterprises, including those entities operating
of solo parents and their children; primarily as private subsidiaries of the Government.
(c) Coordinate the dissemination of SECTION 2. Employees covered. This rule shall apply to
information concerning the benefits of all employees of covered employers, regardless of their
the Act and these Rules, as well as positions, designations or employment status, and
other advocacy activities; and irrespective of the method by which their wages are paid
except to managerial employees.
(d) Monitor the implementation of the
provisions of this Act and suggest As used herein, a "managerial employee" shall mean one
mechanisms by which such provisions who is vested with powers or prerogatives to lay down and
are efficiently and effectively execute management policies and/or to hire, transfer,
implemented. suspend, lay-off, recall, discharge, assign, or discipline
employees or to effectively recommend such managerial
Section 28. Review Committee A special review actions. All employees not falling within this definition shall
committee comprised of members from the DSWD, be considered rank-and-file employees.
DOH, DepEd, DILG, CHED, TESDA, NHA, DOLE
and other related government agencies and non- SECTION 3. Distribution of service charges. All service
government organizations or civil society involved in charges collected by covered employers shall be distributed
the implementation of the provisions of the Act shall at the rate of 85% for the employees and 15% for the
be created and headed by the DSWD for the purpose management. The 85% shall be distributed equally among
of evaluating the efficacy and relevancy of the the covered employees. The 15% shall be for the disposition
provisions of the Act to the present situation. by management to answer for losses and breakages and
distribution to managerial employees at the discretion of the
The duties and responsibilities of the members of this
management in the latter case.
Review Committee shall be considered as part of their
regular functions.
SECTION 4. Frequency of distribution. The shares referred
ARTICLE VII to herein shall be distributed and paid to the employees not
FINAL PROVISIONS less than once every two (2) weeks or twice a month at
Section 29. Appropriations The amount necessary intervals not exceeding sixteen (16) days.
to carry out the provisions of the Act shall be included
in the budget of concerned government agencies in SECTION 5. Integration of service charges. In case the
the General Appropriations Act of the year following service charges is abolished the share of covered employees
its enactment into law and thereafter. shall be considered integrated in their wages. The basis of
Section 30. Repealing Clause All laws, decrees, the amount to be integrated shall be the average monthly
executive orders, administrative orders or parts share of each employee for the past twelve (12) months
immediately preceding the abolition of withdrawal of such
thereof inconsistent with the provisions of the Act are
charges.
hereby repealed, amended or modified accordingly.
Section 31. Separability Clause If any provision of
the Act is held invalid or unconstitutional, other SECTION 6. Relation to agreements. Nothing in this Rule
provisions not affected thereby shall continue to be in shall prevent the employer and his employees from entering
full force and effect. into any agreement with terms more favorable to the
employees than those provided herein, or be used to
Section 32. Effectivity Clause These Implementing
diminish any benefit granted to the employees under
Rules and Regulations shall take effect fifteen (15)
existing laws, agreement and voluntary employer practice.
days following its publication in one (1) national
newspaper of general circulation.
SECTION 7. This rule shall be without prejudice to existing,
future collective bargaining agreements.
7. Service Charges
Nothing in this rule shall be construed to justify the
Reference: Art. 96; Omnibus Rules, Book III, Rule VI reduction or diminution of any benefit being enjoyed by any
employee at the time of effectivity of this rule.
ART. 96. Service charges. - All service charges collected by a. Covered Employees, Art. 96
hotels, restaurants and similar establishments shall be
distributed at the rate of eighty-five percent (85%) for all b. Sharing, Art. 96
covered employees and fifteen percent (15%) for
management. The share of the employees shall be equally
distributed among them. In case the service charge is
abolished, the share of the covered employees shall be
considered integrated in their wages.
The State shall regulate the relations between workers and m) "Secretary" means the Secretary of Labor and
employers, recognizing the right of labor to its just share in Employment;
the fruits of production and the right of enterprises to
reasonable returns to investments, and to expansion and
growth. n) "Basic Wage" means all remuneration or earnings paid by
an employer to a worker for services rendered on normal
working days and hours but does not include cost-of-living
allowances, profit sharing payments, premium payments,
RULE VII 13th month pay or other monetary benefits which are not
Wages considered as part of or integrated into the regular salary of
the workers on the date the Act became effective."
SECTION 1. Definition of Terms. As used in this Rules
o) "Statutory Minimum Wage" is the lowest wage fixed by
a) "Act" means Republic Act No. 6727; law that an employer can pay his workers;
b) "Commission" means the National Wages and Productivity p) "Wage Distortion" means a situation where an increase in
Commission; 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
c) "Board" means the Regional Tripartite Wages and
establishment as to effectively obliterate the distinctions
Productivity Board;
embodied in such wage structure based on skills, length of
service, or other logical bases of differentiation;
d) "Agriculture" refers to all farming activities in all its
branches and includes among others, the cultivation and
q) "Capitalization" means paid-up capital, in the case of a
tillage of the soil, production, cultivation, growing and
corporation, and total invested capital, in the case of a
harvesting of any agricultural or horticultural commodities,
partnership or single proprietorship.
dairying, raising of livestock or poultry, the culture of fish
and other aquatic products in farms or ponds, and any
activities performed by a farmer or on a farm as an incident CHAPTER I
to or in conjunction with such farming operations, but does Wage Increase
not include the manufacturing and/or processing of sugar,
coconut, abaca, tobacco, pineapple, aquatic or other farm SECTION 1. Coverage. The wage increase prescribed
products; under the Act shall apply to all workers and employees in
the private sector regardless of their position, designation or
e) "Plantation Agricultural Enterprise" is one engaged in status, and irrespective of the method by which their wages
agriculture within an area of more than 24 hectares in a are paid, except:
locality and/or which employs at least 20 workers. Any other
agricultural enterprise shall be considered as "Non-Plantation a) Household or domestic helpers, including family drivers
Agricultural Enterprises"; and workers in the personal service of another;
f) "Retail Establishment" is one principally engaged in the b) Workers and employees in retail/service establishments
sale of goods to end-users for personal or household use; regularly employing not more than 10 workers, when
exempted from compliance with the Act, for a period fixed
Duman / Labor I / Prof. Battad / Page 91
by the Commission/Boards in accordance with Section 4 (c) c) Workers and employees who, prior to July 1, 1989, were
of the Act and Section 15, Chapter 1 of these Rules; receiving a basic wage of more than P100.00 per day or its
monthly equivalent, are not by law entitled to the wage
increase provided under the Act. They may however, receive
c) Workers and employees in new business enterprises
wage increases through the correction of wage distortions in
outside the National Capital Region and export processing
accordance with Section 16, Chapter I of these Rules.
zones for a period of not more than two or three years, as
the case may be, from the start of operations when
exempted in accordance with Section 5 of the Act and SECTION 5. Daily Statutory Minimum Wage Rates. The
Section 15, Chapter I of these Rules; daily minimum wage rates of workers and employees shall
be as follows:
d) Workers and employees receiving a basic wage of more
than P100.00 per day. Sector/Industry Under Under
R. A. 6640 R. A. 6727
(Effective (Effective
SECTION 2. Effectivity. The Act takes effect on July 1,
Dec. 14, July 1,
1989, 15 days following its complete publication in two
1987) 1989)
newspapers of general circulation on June 15, 1989 pursuant
to Section 15 thereof.
A. NATIONAL CAPITAL REGION
SECTION 3. Amount of Minimum Wage Increase. Effective
July 1, 1989, the daily statutory minimum wage rates of Non-Agriculture P64.00 P89.00
covered workers and employees shall be increased as
follows:
Agriculture
Plantation 54.00 79.00
a) P25.00 for those in the National Capital Region;
Non-Plantation 43.50 68.50
b) P25.00 for those outside the National Capital Region,
except for the following:
Cottage/Handicraft
Employing more than 30
P20.00 for those in plantation agricultural enterprises with workers 52.00 77.00
an annual gross sales of less than P5 million in the fiscal
year immediately preceding the effectivity of the Act;
Employing not more than
30 workers 50.00 75.00
P15.00 for those in the following enterprises:
Private Hospitals
1. Non-plantation agriculture With bed capacity of more
than 100 64.00 89.00
2. Cottage/handicraft
With bed capacity of 100
or less 60.00 85.00
3. Retail/Service regularly employing not more than 10
workers
Retail/Service
Employing more than 15
4. Business enterprises with a capitalization of not more than
workers 64.00 89.00
P500,000 and employing not more than 20 workers.
Employing 11 to 15
SECTION 4. When Wage Increase Due Other Workers. a)
workers 60.00 85.00
All workers and employees who, prior to July 1, 1989, were
already receiving a basic wage above the statutory minimum
wage rates provided under Republic Act 6640 but not over Employing not more than
P100.00 per day shall receive a wage increase equivalent to 10 workers 43.00 68.00
that provided in the preceding Section.
B. OUTSIDE NATIONAL CAPITAL REGION
b) Those receiving not more than the following monthly
basic wage rates prior to July 1, 1989 shall be deemed
Non-Agriculture 64.00 89.00
covered by the preceding subsection:
Agriculture
(i) P3,257.50 where the workers and employees work
Plantation with annual gross
everyday, including premium payments for Sundays or rest
sales of P5M or more 54.00 79.00
days, special days and regular holidays.
Agriculture b) For those who do not work but considered paid on rest
days, special days and regular holidays:
ADR x 365 days
Plantation w/ annual gross
sales of P5M or more 48.50 73.50
EMR =
Plantation w/ annual gross
sales of less than P5M 48.50 68.50 12
262 days Total equivalent number of days All recognized learnership and apprenticeship agreements
entered into before July 1, 1989 shall be considered as
automatically modified insofar as their wage clauses are
Note: For workers whose rest days fall on Sundays, the concerned to reflect the increases prescribed under the Act.
number of rest days in a year is reduced from 52 to 51 days,
the last Sunday of August being a regular holiday under
Executive Order No. 201. For purposes of computation, said SECTION 11. Application to Contractors. In the case of
holiday, although still a rest day for them, is included in the contracts for construction projects and for security, janitorial
ten regular holidays. For workers whose rest days do not fall and similar services, the prescribed wage increases shall be
on Sundays, the number of rest days is 52 days, as there borne by the principals or clients of the construction/service
are 52 weeks in a year. contractors and the contract shall be deemed amended
accordingly. In the event, however, that the principal or
client fails to pay the prescribed wage rates, the
Nothing herein shall be considered as authorizing the construction/service contractor shall be jointly and severally
reduction of benefits granted under existing agreements or liable with his principal or client.
employer practices/policies.
SECTION 12. Application to Private Educational Institution.
SECTION 7. Basis of Minimum Wages Rates. The statutory Private educational institutions which increased tuition
minimum wage rules prescribed under the Act shall be for fees beginning school year 1989-1990 shall comply with the
the normal working hours, which shall not exceed eight P25.00 per day wage increase prescribed under the Act
hours work a day. effective as follows:
SECTION 8. Creditable Wage Increase. a) In cases where the tuition fee increase was effected
before the effectivity of the Act, the wage increase shall take
a) No wage increase shall be credited as compliance with effect only July 1, 1989.
the increases prescribed under the Act unless expressly
provided under collective bargaining agreements; and, such b) In cases where the tuition fee increase was effected on or
wage increase was granted not earlier than April 1, 1989 but after the effectivity of the Act, the wage increase shall take
not later than July 1, 1989. Where the wage increase effect not later than the date the school actually increased
granted is less than the prescribed increase under the Act, tuition but in the latter case, such wage increase may not be
the employer shall pay the difference. made retroactive in July 1, 1989.
b) Anniversary wage increase provided in collective Beginning school year 1990-1991, all schools shall
agreements, merit wage increase, and those resulting from implement the wage increase regardless of whether or not
the regularization or promotion of employees shall not be they have actually increased tuition fees.
credited as compliance thereto.
SECTION 13. Mobile and Branch Workers. The statutory
SECTION 9. Workers Paid by Results. minimum wage rates of workers, who by the nature of their
work have to travel, shall be those applicable in the domicile
a) All workers paid by results, including those who are paid or head office of the employer.
on piecework, takay, pakyaw, or task basis, shall receive not
less than the applicable statutory minimum wage rates The minimum wage rates of workers working in branches or
prescribed under the Act for the normal working hours which agencies of establishments in or outside the National Capital
shall not exceed eight hours work a day, or a proportion Region shall be those applicable in the place where they are
thereof for work of less than the normal working hours. stationed.
The adjusted minimum wage rates for workers paid by SECTION 14. Transfer of Personnel. The transfer of
results shall be computed in accordance with the following personnel to areas outside the National Capital Region shall
steps: not be a valid ground for the reduction of the wage rates
being enjoyed by the workers prior to such transfer. The
1) Amount of increase in AMW - Previous AMW x 100 = % workers transferred to the National Capital Region shall be
Increase; entitled to the minimum wage rate applicable therein.
2) New business enterprises that may be established outside SECTION 19. Payment of Wages. Upon written petition of
the National Capital Region and export processing zones the majority of the workers and employees concerned, all
from July 1, 1989 to June 30, 1993, whose operation or private establishments, companies, businesses and other
investments need initial assistance may be exempted for not entities with at least twenty workers and located within one
more than three years from the start of operations, subject kilometer radius to a commercial, savings or rural bank, shall
to guidelines to be issued by the Secretary in consultation pay the wages and other benefits of their workers through
with the Department of Trade and Industry and the any of said banks, within the period and in the manner and
Department of Agriculture. form prescribed under the Labor Code as amended.
New business enterprises in Region III (Central Luzon) and SECTION 20. Duty of Bank. Whenever applicable and
Region IV (Southern Tagalog) may be exempted for two upon request of concerned worker or union, the bank
years only from start of operations, except those that may through which wages and other benefits are paid issue a
be established in the provinces of Palawan, Oriental Mindoro, certification of the record of payment of said wages and
Occidental Mindoro, Marinduque, Romblon, Quezon and benefits of a particular worker or workers for a particular
Aurora, which may also be exempted for not more than payroll period.
three years from the start of operations.
CHAPTER II
b) Whenever an application for exemption has been duly The National Wages and Productivity Commission and
filed with the appropriate office in the Department/Board, Regional Tripartite Wages and Productivity Boards
action by the Regional Office of the Department on any
complaints for alleged non-compliance with the Act shall be
SECTION 1. Commission. The National Wages and
deferred pending resolution of the applicant for exemption.
Productivity Commission created under the Act shall hold
office in the National Capital Region. The Commission shall
c) In the event that the application for exemption is not be attached to the Department for policy and program
granted, the workers and employees shall receive the coordination.
appropriate compensation due them as provided for under
the Act plus interest of one percent per month retroactive to
SECTION 2. Powers and Functions of the Commission.
July 1, 1989 or the start of operations whichever is
The Commission shall have the following powers and
applicable.
functions:
The members of the Commission representing labor and Each Board shall be assisted by a Secretariat.
management shall have the same rank, emoluments,
allowances and other benefits as those prescribed by law for
SECTION 8. Authority to Organize and Appoint Personnel.
labor and management representatives in the Employees'
The Chairman of the Commission shall organize such units
Compensation Commission.
and appoint the necessary personnel of the Commission and
Board Secretaries, subject to pertinent laws, rules and
SECTION 4. Commission Secretariat. The Commission regulations.
shall be assisted by a Secretariat to be headed by an
Executive Director and two Deputy Directors who shall be
CHAPTER III
appointed by the President upon recommendation of the
Minimum Wage Determination
Secretary.
f) To exercise such other powers and functions as may be j) The equitable distribution of income and wealth along the
necessary to carry out their mandate under the Labor Code. imperatives of economic and social development.
Implementation of the plans, programs and projects of the SECTION 3. Wage Order. Whenever conditions in the
Boards shall be through the respective Regional Offices of region so warrant, the Board shall investigate and study all
the Department, provided, however, that the Boards shall pertinent facts; and, based on standards and criteria
In the performance of its wage determining functions, the If the violation is committed by a corporation, trust or firm,
Board shall conduct public hearings and consultations giving partnership, association or any other entity, the penalty of
notices to employees' and employers' groups, provincial, city imprisonment shall be imposed upon the entity's responsible
and municipal officials and other interested parties. officers, including, but not limited to, the president, vice-
president, chief executive officer, general manager,
managing director or partner.
SECTION 4. Effectivity of Wage Order. Any Wage Order
issued by the Board shall take effect 15 days after its
complete publication in at least one newspaper of general SECTION 11. Registration/Reporting Requirement. Any
circulation in the region. person, company, corporation, partnership or any other
entity engaged in business shall submit annually a verified
itemized listing of their labor component to the appropriate
SECTION 5. Appeal to the Commission. Any party
Board and the National Statistics Office not later than
aggrieved by the Wage Order issued by the Board may file
January 31 of each year, starting on January 31, 1990 in
an appeal with the Commission within ten calendar days
accordance with the form to be prescribed by the
from the publication of the Order. The Commission shall
Commission. The listing shall specify the names, salaries and
decide the appeal within sixty calendar days from the date of
wages of their workers and employees below the managerial
filing.
level including learners, apprentices and
disabled/handicapped workers.
SECTION 6. Effect of Appeal. The filing of the appeal shall
not suspend the effectivity of the Wage Order unless the
CHAPTER IV
person appealing such order files with the Commission an
Transitory Provisions
undertaking with a surety or sureties in such amount as may
be fixed by the Commission.
SECTION 1. Abolition of the National Wages Council and the
National Productivity Commission. The National Wages
SECTION 7. Wage Distortions. Where the application of
Council created under Executive Order No. 614 and the
any wage increase resulting from a Wage Order issued by
National Productivity Commission created under Executive
any Board results in distortions in the wage structure within
Order No. 615 are abolished. All properties, records,
an establishment, the employer and the union shall
equipment, buildings, facilities, and other assets, liabilities
negotiate to correct the distortions using the grievance
and appropriations of and belonging to the abovementioned
procedure under their collective bargaining agreement. If it
offices, as well as other matters pending herein, shall be
remains unresolved, it shall be decided through voluntary
transferred to the Commission. All personnel of the above
arbitration ten calendar days from the time the dispute was
abolished offices shall continue to function in a hold-over
referred for voluntary arbitration, unless otherwise agreed by
capacity and shall be preferentially considered for
the parties in writing.
appointments to or placements in the Commission/Boards.
SECTION 1. Manner of wage payment. As a general rule, (a) Where the employer is authorized in writing by the
wages shall be paid in legal tender and the use of tokens, employee to pay his wages to a member of his family;
promissory notes, vouchers, coupons, or any other form
alleged to represent legal tender is absolutely prohibited
(b) Where payment to another person of any part of the
even when expressly requested by the employee.
employee's wages is authorized by existing law, including
payments for the insurance premiums of the employee and
SECTION 2. Payment by check. Payment of wages by union dues where the right to check-off has been recognized
bank checks, postal checks or money orders is allowed by the employer in accordance with a collective agreement
where such manner of wage payment is customary on the or authorized in writing by the individual employees
date of the effectivity of the Code, where it is so stipulated concerned; or
in a collective agreement, or where all of the following
conditions are met:
(c) In case of death of the employee as provided in the
succeeding Section.
(a) There is a bank or other facility for encashment within a
radius of one (1) kilometer from the workplace;
SECTION 6. Wages of deceased employee. The payment
of the wages of a deceased employee shall be made to his
(b) The employer or any of his agents or representatives heirs without the necessity of intestate proceedings. When
does not receive any pecuniary benefit directly or indirectly the heirs are of age, they shall execute an affidavit attesting
from the arrangement; to their relationship to the deceased and the fact that they
are his heirs to the exclusion of all other persons. In case
any of the heirs is a minor, such affidavit shall be executed in
(c) The employees are given reasonable time during banking
his behalf by his natural guardian or next of kin. Upon
hours to withdraw their wages from the bank which time
presentation of the affidavit to the employer, he shall make
shall be considered as compensable hours worked if done
payment to the heirs as representative of the Secretary of
during working hours; and
Labor and Employment.
SECTION 10. Payment of wages in case of bankruptcy. Art XIII, Section 3. The State shall afford full protection to
Unpaid wages earned by the employees before the labor, local and overseas, organized and unorganized, and
declaration of bankruptcy or judicial liquidation of the promote full employment and equality of employment
employer's business shall be given first preference and shall opportunities for all.
be paid in full before other creditors may establish any claim
to a share in the assets of the employer.
It shall guarantee the rights of all workers to self-
organization, collective bargaining and negotiations, and
SECTION 11. Attorney's fees. Attorney's fees in any peaceful concerted activities, including the right to strike in
judicial or administrative proceedings for the recovery of accordance with law. They shall be entitled to security of
wages shall not exceed 10 percent of the amount awarded. tenure, humane conditions of work, and a living wage. They
The fees may be deducted from the total amount due the shall also participate in policy and decision-making processes
winning party. affecting their rights and benefits as may be provided by
law.
SECTION 12. Non-interference in disposal of wages. No
employer shall limit or otherwise interfere with the freedom The State shall promote the principle of shared responsibility
of any employee to dispose of his wages and no employer between workers and employers and the preferential use of
shall in any manner oblige any of his employees to patronize voluntary modes in settling disputes, including conciliation,
any store or avail of the services offered by any person. and shall enforce their mutual compliance therewith to foster
industrial peace.
SECTION 13. Wages deduction. Deductions from the
wages of the employees may be made by the employer in The State shall regulate the relations between workers and
any of the following cases: employers, recognizing the right of labor to its just share in
the fruits of production and the right of enterprises to
reasonable returns to investments, and to expansion and
(a) When the deductions are authorized by law, including
growth.
deductions for the insurance premiums advanced by the
employer in behalf of the employee as well as union dues
a. Coverage, Arts. 97 (b) (c) (e), 98
where the right to check-off has been recognized by the
employer or authorized in writing by the individual employee
ART. 97. Definitions. - As used in this Title:
himself.
3) Cash Wage/Commission
Philippine Duplicators v. NLRC, 241 SCRA 380 (1995)
Plastic Town Center corp. v. NLRC, 172 SCRA 580 Reference: Wage Rationalization Act (RA 6727);
(1989) Art. 120-127; Omnibus Rules, Book III, Rule IX
Sec. 3. In line with the declared policy under this (i) To exercise such powers and functions as may be
Act, Article 99 of Presidential Decree No. 442, as necessary to implement this Act.
amended, is hereby amended and Articles 120, 121,
122, 123, 124, 126 and 127 are hereby incorporated "The Commission shall be composed of the
into Presidential Decree No. 442, as amended, to Secretary of Labor and Employment as ex-officio
read as follows: chairman, the Director-General of the National
Economic and Development Authority (NEDA) as ex-
"Art. 99. Regional Minimum Wages. - The minimum officio vice-chairman, and two (2) members each from
wage rates for agricultural and non-agricultural workers and employers sectors who shall be
employees and workers in each and every region of appointed by the President of the Philippines upon
the country shall be those prescribed by the Regional recommendation of the Secretary of Labor and
Tripartite Wages and Productivity Boards." Employment to be made on the basis of the list of
nominees submitted by the workers and employers
"Art. 120. Creation of the National Wages and sectors, respectively, and who shall serve for a term
Productivity Commission. - There is hereby created a of five (5) years. The Executive Director of the
National Wages and Productivity Commission, Commission Secretariat shall also be a member of
hereinafter referred to as the Commission, which shall the Commission."
be attached to the Department of Labor and
Employment (DOLE) for policy and program "The Commission shall be assisted by a Secretariat
coordination." to be headed by an Executive Director and two (2)
Deputy Directors, who shall be appointed by the
"Art. 121. Powers and Functions of the President of the Philippines, upon recommendation of
Commission. - The Commission shall have the the Secretary of Labor and Employment."
following powers and functions:
"The Executive Director shall have the same rank,
(a) To act as the national consultative and advisory salary, benefits and other emoluments as that of a
body to the President of the Philippines and Congress Department Assistant Secretary, while the Deputy
on matters relating to wages, incomes and Directors shall have the same rank, salary, benefits
productivity; and other emoluments as that of a Bureau Director.
The members of the Commission representing labor
and management shall have the same rank,
(b) To formulate policies and guidelines on wages, emoluments, allowances and other benefits as those
incomes and productivity improvement at the prescribed by law for labor and management
enterprise, industry and national levels; representatives in the Employees' Compensation
Commission."
(c) To prescribe rules and guidelines for the
determination of appropriate minimum wage and "Art. 122. Creation of Regional Tripartite Wages
productivity measures at the regional, provincial or and Productivity Boards. - There is hereby created
industry levels; Regional Tripartite Wages and Productivity Boards,
hereinafter referred to as Regional Boards, in all
(d) To review regional wage levels set by the Regional regions, including autonomous regions as may be
Tripartite Wages and Productivity Boards to determine established by law. The Commission shall determine
if these are in accordance with prescribed guidelines the offices/headquarters of the respective Regional
and national development plans; Boards.
(e) To undertake studies, researches and surveys "The Regional Boards shall have the following
necessary for the attainment of its functions and powers and functions in their respective territorial
objectives, and to collect and compile data and jurisdiction:
periodically disseminate information on wages and
productivity and other related information, including, (a) To develop plans, programs and projects relative
but not limited to, employment, cost-of-living, labor to wages, incomes and productivity improvement for
costs, investments and returns; their respective regions;
(f) To review plans and programs of the Regional (b) To determine and fix minimum wage rates
Tripartite Wages and Productivity Boards to determine applicable in their region, provinces or industries
whether these are consistent with national therein and to issue the corresponding wage orders,
development plans; subject to guidelines issued by the Commission;
(g) To exercise technical and administrative (c) To undertake studies, researches, and surveys
supervision over the Regional Tripartite Wages and necessary for the attainment of their functions,
Productivity Boards; objectives and programs, and to collect and compile
data on wages, incomes, productivity and other
The pendency of a dispute arising from a wage distortion SECTION 3. Wages recommendation. If after such study,
shall not in any way delay the applicability of any increase in the Commission is of the opinion that a substantial number
prescribed wage rates pursuant to the provisions of law or of employees in any given industry or branch thereof are
wage order. receiving wages, which although complying with the
minimum provided by law, are less than sufficient to
maintain them in health, efficiency and general well-being,
As used herein, a wage distortion shall mean a situation
taking into account, among others, the peculiar
where an increase in prescribed wage rates results in the
circumstances of the industry and its geographical location,
elimination or severe contraction of intentional quantitative
the Commission shall, with the approval of the Secretary of
differences in wage or salary rates between and among
Labor and Employment, proceed to determine whether a
employee groups in an establishment as to effectively
wage recommendation should be issued.
obliterate the distinctions embodied in such wage structure
based on skills, length of service, or other logical bases of
differentiation. SECTION 4. Criteria for wage fixing. (a) In addition to the
criteria established by Art. 123 of the Code for minimum
wage fixing, the Commission shall consider, among other
All workers paid by result, including those who are paid on
factors, social services and benefits given free to workers
piecework, takay, pakyaw or task basis, shall receive not less
and the possible effect of a given increase in the minimum
than the prescribed wage rates per eight (8) hours of work a
wage on prices, money supply, employment, labor mobility
day, or a proportion thereof for working less than eight (8)
and productivity, labor organization efficacy, domestic and
hours.
foreign trade, and other relevant indicators of social and
economic development.
All recognized learnership and apprenticeship agreements
shall be considered automatically modified insofar as their
(b) Where a fair return to capital invested cannot be
wage clauses are concerned to reflect the prescribed wage
reasonably determined, or where the industry concerned is
rates. (As amended by Republic Act No. 6727, June 9, 1989).
not operated for profit, its capacity to pay, taking into
account all resources available to it, shall be considered.
ART. 125. Freedom to bargain. - No wage order shall be
construed to prevent workers in particular firms or
SECTION 5. Quorum. Three (3) members of the
enterprises or industries from bargaining for higher wages
Commission, including its Chairman, shall constitute a
with their respective employers. (As amended by Republic
quorum to transact the Commission's business.
Act No. 6727, June 9, 1989).
d. Wage Order, Arts. 123, 124 Prubankers Association v. Prudential Bank & Trust Co.,
302 SCRA 74 (1999)
1) Methods of Fixing
SECTION 2. Payment by check. Payment of wages by (1) That payments are made at intervals not exceeding
bank checks, postal checks or money orders is allowed sixteen (16) days, in proportion to the amount of work
where such manner of wage payment is customary on the completed;
date of the effectivity of the Code, where it is so stipulated
in a collective agreement, or where all of the following
(2) That final settlement is made upon completion of the
conditions are met:
work.
Bermiso v. Escano, Inc., 105 Phil. 231 (1959) (b) For union dues, in cases where the right of the worker or
his union to check-off has been recognized by the employer
or authorized in writing by the individual worker concerned;
and
H. Thi rte en th M on th P ay
3. Rationale, PD 851, Whereas Clauses and
LImitations
1. History of the Law
WHEREAS, it is necessary to further protect the level of real
Dentech Mfg. Corp. v. NLRC, supra wages from the ravage of worldwide inflation;
Duman / Labor I / Prof. Battad / Page 118
WHEREAS, there has been no increase in the legal minimum
wage rates since 1970;
a. Basic Wage/Commissions
I. Bon us
1. Nature
b. Substitute Payment
Chapter I
EMPLOYMENT OF WOMEN
ART. 130. Nightwork prohibition. - No woman, regardless of
age, shall be employed or permitted or suffered to work,
with or without compensation:
(e) Where the nature of the work requires the manual skill
and dexterity of women workers and the same cannot be
performed with equal efficiency by male workers;
(a) Provide seats proper for women and permit them to use
such seats when they are free from work and during working
hours, provided they can perform their duties in this position
without detriment to efficiency;
(d) The right to equal remuneration, including (c) The right to participate in recreational activities,
benefits, and to equal treatment in respect of work of sports and all aspects of cultural life.
equal value, as well as equality of treatment in the
evaluation of the quality of work;
C1 00 E qu al R emu ne ratio n C on vent ion, 195 1
(e) The right to social security, particularly in cases of
retirement, unemployment, sickness, invalidity and old Convention concerning Equal Remuneration for Men and
age and other incapacity to work, as well as the right Women Workers for Work of Equal Value (Note: Date of
to paid leave; coming into force: 23:05:1953.)
Convention:C100
(f) The right to protection of health and to safety in Place:Geneva
Session of the Conference:34
working conditions, including the safeguarding of the
Date of adoption:29:06:1951
function of reproduction. Subject classification: Equal Remuneration
Subject classification: Women
2. In order to prevent discrimination against women Subject: Eq uali ty of O ppo rt un it y a nd T reat men t
on the grounds of marriage or maternity and to ensure
their effective right to work, States Parties shall take
appropriate measures:
The General Conference of the International Labour
(a) To prohibit, subject to the imposition of sanctions,
Organisation,
dismissal on the grounds of pregnancy or of maternity
leave and discrimination in dismissals on the basis of
marital status; Having been convened at Geneva by the Governing Body of
the International Labour Office, and having met in its Thirty-
fourth Session on 6 June 1951, and
(b) To introduce maternity leave with pay or with
comparable social benefits without loss of former
Having decided upon the adoption of certain proposals with
employment, seniority or social allowances;
regard to the principle of equal remuneration for men and
women workers for work of equal value, which is the
(c) To encourage the provision of the necessary seventh item on the agenda of the session, and
supporting social services to enable parents to
combine family obligations with work responsibilities Having determined that these proposals shall take the form
and participation in public life, in particular through of an international Convention,
promoting the establishment and development of a
network of child-care facilities;
adopts this twenty-ninth day of June of the year one
thousand nine hundred and fifty-one the following
(d) To provide special protection to women during Convention, which may be cited as the Equal Remuneration
pregnancy in types of work proved to be harmful to Convention, 1951:
them.
Article 1
3. Protective legislation relating to matters covered in
this article shall be reviewed periodically in the light of For the purpose of this Convention--
scientific and technological knowledge and shall be
revised, repealed or extended as necessary.
(a) the term rem une ratio n includes the ordinary, basic or
minimum wage or salary and any additional emoluments
Article 12 whatsoever payable directly or indirectly, whether in cash or
1. States Parties shall take all appropriate measures in kind, by the employer to the worker and arising out of the
to eliminate discrimination against women in the field worker's employment;
of health care in order to ensure, on a basis of
equality of men and women, access to health care
(b) the term eq ual re mu ne ratio n f or me n a nd wome n
services, including those related to family planning. work ers f or wo rk of equ al v alu e refers to rates of
remuneration established without discrimination based on
2. Notwithstanding the provisions of paragraph I of sex.
this article, States Parties shall ensure to women
Duman / Labor I / Prof. Battad / Page 122
Article 2 1. Declarations communicated to the Director-General of the
International Labour Office in accordance with paragraph 2
of Article 35 of the Constitution of the International Labour
1. Each Member shall, by means appropriate to the methods
Organisation shall indicate --
in operation for determining rates of remuneration, promote
and, in so far as is consistent with such methods, ensure the
application to all workers of the principle of equal a) the territories in respect of which the Member concerned
remuneration for men and women workers for work of equal undertakes that the provisions of the Convention shall be
value. applied without modification;
2. This principle may be applied by means of-- b) the territories in respect of which it undertakes that the
provisions of the Convention shall be applied subject to
modifications, together with details of the said modifications;
(a) national laws or regulations;
Article 5
2. The Member, Members or international authority
concerned may at any time by a subsequent declaration
The formal ratifications of this Convention shall be renounce in whole or in part the right to have recourse to
communicated to the Director-General of the International any modification indicated in any former declaration.
Labour Office for registration.
3. The Member, Members or international authority
Article 6 concerned may, at any time at which this Convention is
subject to denunciation in accordance with the provisions of
1. This Convention shall be binding only upon those Article 9, communicate to the Director-General a declaration
Members of the International Labour Organisation whose modifying in any other respect the terms of any former
ratifications have been registered with the Director-General. declaration and stating the present position in respect of the
application of the Convention.
The Director-General of the International Labour Office shall Having determined that these proposals shall take the form
communicate to the Secretary-General of the United Nations of an international Convention, and
for registration in accordance with Article 102 of the Charter
of the United Nations full particulars of all ratifications,
Considering that the Declaration of Philadelphia affirms that
declarations and acts of denunciation registered by him in
all human beings, irrespective of race, creed or sex, have the
accordance with the provisions of the preceding articles.
right to pursue both their material well-being and their
spiritual development in conditions of freedom and dignity,
Article 12 of economic security and equal opportunity, and
At such times as may consider necessary the Governing Considering further that discrimination constitutes a violation
Body of the International Labour Office shall present to the of rights enunciated by the Universal Declaration of Human
General Conference a report on the working of this Rights,
Convention and shall examine the desirability of placing on
the agenda of the Conference the question of its revision in
adopts this twenty-fifth day of June of the year one
whole or in part.
thousand nine hundred and fifty-eight the following
Convention, which may be cited as the Discrimination
Article 13 (Employment and Occupation) Convention, 1958:
Each Member for which this Convention is in force The formal ratifications of this Convention shall be
undertakes to declare and pursue a national policy designed communicated to the Director-General of the International
to promote, by methods appropriate to national conditions Labour Office for registration.
and practice, equality of opportunity and treatment in
respect of employment and occupation, with a view to
Article 8
eliminating any discrimination in respect thereof.
(e) to ensure observance of the policy in the activities of 2. Each Member which has ratified this Convention and
vocational guidance, vocational training and placement which does not, within the year following the expiration of
services under the direction of a national authority; the period of ten years mentioned in the preceding
paragraph, exercise the right of denunciation provided for in
this Article, will be bound for another period of ten years
(f) to indicate in its annual reports on the application of the
and, thereafter, may denounce this Convention at the
Convention the action taken in pursuance of the policy and
expiration of each period of ten years under the terms
the results secured by such action.
provided for in this Article.
Article 4
Article 10
Article 14
Readings:
(e) Where the nature of the work requires the manual skill
and dexterity of women workers and the same cannot be
performed with equal efficiency by male workers;
(a) Payment of a lesser compensation, including wage, (3) To discharge or refuse the admission of such woman
salary or other form of remuneration and fringe benefits, to upon returning to her work for fear that she may again be
a female employees as against a male employee, for work of pregnant.
equal value; and
ART. 138. Classification of certain women workers . - Any Sec. 2. Declaration of Policy. The State shall
woman who is permitted or suffered to work, with or without value the dignity of every individual, enhance the
compensation, in any night club, cocktail lounge, massage development of it human resources, guarantee full
clinic, bar or similar establishments under the effective
respect for human rights, and uphold the dignity of
control or supervision of the employer for a substantial
workers, employees, applicants for employment,
period of time as determined by the Secretary of Labor and
Employment, shall be considered as an employee of such students or those undergoing training, instruction or
establishment for purposes of labor and social legislation. education. Towards this end, all forms of sexual
harassment in the employment, education or training
environment are hereby declared unlawful.
f. Maternity Leave, Social Security Law of 1997 (RA 1161,
as amended by RA 8282), Sec. 14-A, RA 828
Sec. 3. Work, Education or Training-related
Sexual Harassment Defined. Work, education or
"SEC. 14-A. Maternity Leave Benefit. - A female member
who has paid at least three (3) monthly contributions in the training-related sexual harassment is committed by an
twelve-month period immediately preceding the semester of employee, manager, supervisor, agent of the
her childbirth or miscarriage shall be paid a daily maternity employer, teacher, instructor, professor, coach,
benefit equivalent to one hundred percent (100%) of her trainor, or any other person who, having authority,
average daily salary credit for sixty (60) days or seventy- influence or moral ascendancy over another in a work
eight (78) days in case of caesarian delivery, subject to the or training or education environment, demands,
following conditions: requests or otherwise requires any sexual favor from
the other, regardless of whether the demand, request
"(a) That the employee shall have notified her employer of or requirement for submission is accepted by the
her pregnancy and the probable date of her childbirth, which object of said Act.
notice shall be transmitted to the SSS in accordance with the
rules and regulations it may provide; (a) In a work-related or employment
environment, sexual harassment is committed when:
"(b) The full payment shall be advanced by the employer
within thirty (30) days from the filing of the maternity leave
(1) The sexual favor is made as a condition
application;
in the hiring or in the employment, re-employment or
continued employment of said individual, or in
"(c) That payment of daily maternity benefits shall be a bar granting said individual favorable compensation,
to the recovery of sickness benefits provided by this Act for terms, conditions, promotions, or privileges; or the
the same period for which daily maternity benefits have refusal to grant the sexual favor results in limiting,
been received;
segregating or classifying the employee which in a
way would discriminate, deprive or diminish
"(d) That the maternity benefits provided under this section employment opportunities or otherwise adversely
shall be paid only for the first four (4) deliveries or affect said employee;
miscarriages;
(3) The above acts would result in an In the case of a work-related environment, the
intimidating, hostile, or offensive environment for the committee shall be composed of at least one (1)
employee. representative each from the management, the union,
if any, the employees from the supervisory rank, and
(b) In an education or training environment, from the rank and file employees.
sexual harassment is committed:
In the case of the educational or training
(1) Against one who is under the care, institution, the committee shall be composed of at
custody or supervision of the offender; least one (1) representative from the administration,
the trainors, teachers, instructors, professors or
coaches and students or trainees, as the case maybe.
(2) Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender; "The employer or head of office, educational or
training institution shall disseminate or post a copy of
this Act for the information of all concerned.
(3) When the sexual favor is made a
condition to the giving of a passing grade, or the
granting of honors and scholarships, or the payment Sec. 5. Liability of the Employer, Head of Office,
of a stipend, allowance or other benefits, privileges, or Educational or Training Institution. The employer or
considerations; or head of office, educational training institution shall be
solidarily liable for damage arising from the acts of
sexual harassment committed in the employment,
(4) When the sexual advances result in an education or training environment if the employer or
intimidating, hostile or offensive environment for the head of office, educational or training institution is
student, trainee or apprentice. informed of such acts by the offended party and no
immediate action is taken thereon.
Any person who directs or induces
another to commit any act of sexual harassment as Sec. 6. Independent Action for Damages.
herein defined, or who cooperates in the commission Nothing in this Act shall preclude the victim of work,
thereof by another without which it would not have education or training-related sexual harassment from
been committed, shall also be held liable under this instituting a separate and independent action for
Act. damages and other affirmative relief.
Sec.4. Duty of the Employer or Head of Office in Sec. 7. Penalties. Any person who violates the
a Work-related, Education or Training Environment. provisions of this Act shall, upon conviction, be
It shall be the duty of the employer or the head of the penalized by imprisonment of not less than one (1)
work-related, educational or training environment or month nor more than six (6) months, or a fine of not
institution, to prevent or deter the commission of acts less than Ten thousand pesos (P10,000) nor more
of sexual harassment and to provide the procedures than Twenty thousand pesos (P20,000), or both such
for the resolution, settlement or prosecution of acts of fine and imprisonment at the discretion of the court.
sexual harassment. Towards this end, the employer or
head of office shall:
Any action arising from the violation of the
provision of this Act shall prescribe in three (3) years.
(a) Promulgate appropriate rules and
regulations in consultation with the jointly approved by
the employees or students or trainees, through their Sec. 8. Separability Clause If any portion or
duly designated representatives, prescribing the provision of this Act is declared void and
procedure for the investigation or sexual harassment unconstitutional, the remaining portions or provisions
cases and the administrative sanctions therefor. hereof shall not be affected by such declaration.
Administrative sanctions shall not be a bar to Sec.9. Repealing Clause. All laws, decrees,
prosecution in the proper courts for unlawful acts of orders, rules and regulations, other issuances, or
sexual harassment. parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
The said rules and regulations issued pursuant
to this section (a) shall include, among others, Sec.10. Effectivity Clause. This Act shall take
guidelines on proper decorum in the workplace and effect fifteen (15) days after its complete publication in
educational or training institutions. at least two (2) national newspaper of general
circulation.
(c) Create a committee on decorum and
Libres v. NLRC, 307 SCRA 675 (1999)
investigation of cases on sexual harassment. The
committee shall conduct meetings, as the case may
be, with other officers and employees, teachers,
instructors, professors, coaches, trainors and
students or trainees to increase understanding and
EMPLOYMENT OF MINORS
ART. 139. Minimum employable age. - (a) No child below
fifteen (15) years of age shall be employed, except when he
Philippine Aelous Automotive United Corp. v. NLRC, works directly under the sole responsibility of his parents or
331SCRA 237 (2000) guardian, and his employment does not in any way interfere
with his schooling.
(b) Any person between fifteen (15) and eighteen (18) years
of age may be employed for such number of hours and such
periods of the day as determined by the Secretary of Labor
and Employment in appropriate regulations.
Section 1. Section 2 of Republic Act No. 7610, as "(a) The employer shall ensure the protection, health,
amended, otherwise known as the "Special Protection safety, morals and normal development of the child;
of Children Against Child Abuse, Exploitation and
Discrimination Act", is hereby amended to read as "(b) The employer shall institute measures to prevent
follows: the child's exploitation or discrimination taking into
account the system and level of remuneration, and
"Sec. 2. Declaration of State Policy and Principles. - It the duration and arrangement of working time; and
is hereby declared to be the policy of the State to
provide special protection to children from all forms of "(c) The employer shall formulate and implement,
abuse, neglect, cruelty, exploitation and subject to the approval and supervision of competent
discrimination, and other conditions prejudicial to their authorities, a continuing program for training and skills
development including child labor and its worst forms; acquisition of the child.
provide sanctions for their commission and carry out a
program for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation "In the above-exceptional cases where any such child
and discrimination. The State shall intervene on may be employed, the employer shall first secure,
behalf of the child when the parent, guardian, teacher before engaging such child, a work permit from the
or person having care or custody of the child fails or is Department of Labor and Employment which shall
unable to protect the child against abuse, exploitation ensure observance of the above requirements.
and discrimination or when such acts against the child
are committed by the said parent, guardian, teacher "For purposes of this Article, the term "child" shall
or person having care and custody of the same. apply to all persons under eighteen (18) years of
age."
"It shall be the policy of the State to protect and
rehabilitate children gravely threatened or Section 3. The same Act, as amended, is hereby
endangered by circumstances which affect or will further amended by adding new sections to be
affect their survival and normal development and over denominated as Sections 12-A, 12-B, 12-C, and 12-D
which they have no control. to read as follows:
"The best interests of children shall be the paramount "Sec. 2-A. Hours of Work of a Working Child. - Under
consideration in all actions concerning them, whether the exceptions provided in Section 12 of this Act, as
undertaken by public or private social welfare amended:
institutions, courts of law, administrative authorities,
and legislative bodies, consistent with the principle of "(1) A child below fifteen (15) years of age may be
First Call for Children as enunciated in the United allowed to work for not more than twenty (20) hours a
Nations Convention on the Rights of the Child. Every week: Provided, That the work shall not be more than
effort shall be exerted to promote the welfare of four (4) hours at any given day;
children and enhance their opportunities for a useful
and happy life."
"(2) A child fifteen (15) years of age but below
eighteen (18) shall not be allowed to work for more
Section 2. Section 12 of the same Act, as amended, than eight (8) hours a day, and in no case beyond
is hereby further amended to read as follows: forty (40) hours a week;
"Sec. 12-C. Trust Fund to Preserve Part of the "g) Is performed under particularly difficult conditions;
Working Child's Income. - The parent or legal or
guardian of a working child below eighteen (18) years
of age shall set up a trust fund for at least thirty "h) Exposes the child to biological agents such as
percent (30%) of the earnings of the child whose bacteria, fungi, viruses, protozoans, nematodes and
wages and salaries from work and other income other parasites; or
amount to at least two hundred thousand pesos
(P200,000.00) annually, for which he/she shall render
a semi-annual accounting of the fund to the "i) Involves the manufacture or handling of explosives
Department of Labor and Employment, in compliance and other pyrotechnic products."
with the provisions of this Act. The child shall have full
control over the trust fund upon reaching the age of Section 4. Section 13 of the same Act is hereby
majority. amended to read as follows:
"Sec. 12-D. Prohibition Against Worst Forms of Child "Sec. 13. Access to Education and Training for
Labor. - No child shall be engaged in the worst forms Working Children - "a) No child shall be deprived of
of child labor. The phrase "worst forms of child labor" formal or non-formal education. In all cases of
shall refer to any of the following: employment allowed in this Act, the employer shall
provide a working child with access to at least primary
"(1) All forms of slavery, as defined under the "Anti- and secondary education.
trafficking in Persons Act of 2003", or practices similar
to slavery such as sale and trafficking of children, "b) To ensure and guarantee the access of the
debt bondage and serfdom and forced or compulsory working child to education and training, the
labor, including recruitment of children for use in Department of Education (DEPED) shall: (1)
armed conflict; or formulate, promulgate, and implement relevant and
effective course designs and educational programs;
"(2) The use, procuring, offering or exposing of a child (2) conduct the necessary training for the
for prostitution, for the production of pornography or implementation of the appropriate curriculum for the
for pornographic performances; or purpose; (3) ensure the availability of the needed
educational facilities and materials; and (4) conduct
continuing research and development program for the
"(3) The use, procuring or offering of a child for illegal necessary and relevant alternative education of the
or illicit activities, including the production and working child.
trafficking of dangerous drugs and volatile substances
prohibited under existing laws; or
"c) The DEPED shall promulgate a course design
under its non-formal education program aimed at
"(4) Work which, by its nature or the circumstances in promoting the intellectual, moral and vocational
which it is carried out, is hazardous or likely to be efficiency of working children who have not
harmful to the health, safety or morals of children, undergone or finished elementary or secondary
such that it: education. Such course design shall integrate the
learning process deemed most effective under given
circumstances."
"Sec. 16. Penal Provisions - "(1) The violation of any provision of this Act has
resulted in the death, insanity or serious physical
injury of a child employed in such establishment; or
"a) Any employer who violates Sections 12, 12-A, and
Section 14 of this act, as amended, shall be penalized
by imprisonment of six (6) months and one (1) day to "(2) Such firm or establishment is engaged or
six (6) years or a fine of not less than Fifty thousand employed in prostitution or in obscene or lewd shows.
pesos (P50,000.00) but not more than Three hundred
thousand pesos (P300,000.00) or both at the "h) In case of such closure, the employer shall be
discretion of the court. required to pay the employee(s) the separation pay
and other monetary benefits provided for by law."
"b) Any person who violates the provision of Section
12-D of this act or the employer of the subcontractor Section 7. The same Act is hereby further amended
who employs, or the one who facilitates the by adding a new section to be denominated as
employment of a child in hazardous work, shall suffer Section 16-A, to read as follows:
the penalty of a fine of not less than One hundred
thousand pesos (P100,000.00) but not more than One "Sec. 16-A. Trust Fund from Fines and Penalties -
million pesos (P1,000,000.00), or imprisonment of not The fine imposed by the court shall be treated as a
less than twelve (12) years and one (1) day to twenty Trust Fund, administered by the Department of Labor
(20) years, or both such fine and imprisonment at the and Employment and disbursed exclusively for the
discretion of the court. needs, including the costs of rehabilitation and
reintegration into the mainstream of society of the
"c) Any person who violates Sections 12-D(1) and 12- working children who are victims of the violations of
D(2) shall be prosecuted and penalized in accordance this Act, and for the programs and projects that will
with the penalty provided for by R. A. 9208 otherwise prevent acts of child labor."
known as the "Anti-trafficking in Persons Act of 2003":
Provided, That Such penalty shall be imposed in its Section 8. Section 27 of the same Act is hereby
maximum period. amended to read as follows:
"d) Any person who violates Section 12-D (3) shall be "Sec. 27. Who May File a Complaint - Complaints on
prosecuted and penalized in accordance with R.A. cases of unlawful acts committed against children as
9165, otherwise known as the "Comprehensive enumerated herein may be filed by the following:
Dangerous Drugs Act of 2002"; Provided, That such
penalty shall be imposed in its maximum period.
"(a) Offended party;
"e) If a corporation commits any of the violations
aforecited, the board of directors/trustees and officers, "(b) Parents or guardians;
which include the president, treasurer and secretary
of the said corporation who participated in or "(c) Ascendant or collateral relative within the third
knowingly allowed the violation, shall be penalized degree of consanguinity;
accordingly as provided for under this Section.
"(d) Officer, social worker or representative of a
"f) Parents, biological or by legal fiction, and legal licensed child-caring institution;
guardians found to be violating Sections 12, 12-A, 12-
B and 12-C of this Act shall pay a fine of not less than "(e) Officer or social worker of the Department of
Ten thousand pesos (P10,000.00) but not more than Social Welfare and Development;
One hundred thousand pesos (P100,000.00), or be
required to render community service for not less than
thirty (30) days but not more than one (1) year, or "(f) Barangay chairman of the place where the
both such fine and community service at the violation occurred, where the child is residing or
discretion of the court: Provided, That the maximum employed; or
length of community service shall be imposed on
parents or legal guardians who have violated the "(g) At least three (3) concerned, responsible citizens
provisions of this Act three (3) times; Provided, where the violation occurred."
further, That in addition to the community service, the
penalty of imprisonment of thirty (30) days but not
"Sec. 16-C. Access to Immediate Legal, Medical and Considering that the effective elimination of the worst
Psycho-Social Services - The working child shall have forms of child labour requires immediate and
the right to free legal, medical and psycho-social comprehensive action, taking into account the
services to be provided by the State." importance of free basic education and the need to
remove the children concerned from all such work
Section 10. Implementing Rules and Regulations - and to provide for their rehabilitation and social
The Secretary of Labor and Employment, in integration while addressing the needs of their
coordination with the Committees on Labor and families, and
Employment of both Houses of Congress, shall issue
the necessary Implementing Rules and Regulations Recalling the resolution concerning the elimination of
(IRR) to effectively implement the provisions of this child labour adopted by the International Labour
Act, in consultation with concerned public and private Conference at its 83rd Session in 1996, and
sectors, within sixty (60) days from the effectivity of
this Act. Recognizing that child labour is to a great extent
caused by poverty and that the long-term solution lies
Such rules and regulations shall take effect upon their in sustained economic growth leading to social
publication in two (2) national newspapers of general progress, in particular poverty alleviation and
circulation. universal education, and
Section 11. Separability Clause. - If any provision of Recalling the Convention on the Rights of the Child
this Act is declared invalid or unconstitutional, the adopted by the United Nations General Assembly on
validity of the remaining provisions hereof shall 20 November 1989, and
remain in full force and effect.
Recalling the ILO Declaration on Fundamental
Section 12. Repealing Clause. - All laws, decrees, or Principles and Rights at Work and its Follow-up,
rules inconsistent with the provisions of this Act are adopted by the International Labour Conference at its
hereby repealed or modified accordingly. 86th Session in 1998, and
Section 13. Effectivity. - This Act shall take effect Recalling that some of the worst forms of child labour
fifteen (15) days from the date of its complete are covered by other international instruments, in
publication in the Official Gazette or in at least two (2) particular the Forced Labour Convention, 1930, and
national newspapers of general circulation. the United Nations Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions
and Practices Similar to Slavery, 1956, and
(b) the use, procuring or offering of a child for (a) prevent the engagement of children in the worst
prostitution, for the production of pornography or for forms of child labour;
pornographic performances;
(b) provide the necessary and appropriate direct
(c) the use, procuring or offering of a child for illicit assistance for the removal of children from the worst
activities, in particular for the production and forms of child labour and for their rehabilitation and
trafficking of drugs as defined in the relevant social integration;
international treaties;
(c) ensure access to free basic education, and,
(d) work which, by its nature or the circumstances in wherever possible and appropriate, vocational
which it is carried out, is likely to harm the health, training, for all children removed from the worst forms
safety or morals of children. of child labour;
1. A Member which has ratified this Convention may 2. This Convention shall in any case remain in force in
denounce it after the expiration of ten years from the its actual form and content for those Members which
date on which the Convention first comes into force, have ratified it but have not ratified the revising
by an act communicated to the Director-General of Convention.
the International Labour Office for registration. Such
denunciation shall not take effect until one year after
the date on which it is registered. Article 16
2. Each Member which has ratified this Convention The English and French versions of the text of this
and which does not, within the year following the Convention are equally authoritative.
expiration of the period of ten years mentioned in the
preceding paragraph, exercise the right of R190 Worst Forms of Child Labour
denunciation provided for in this Article, will be bound Recommendation, 1999
for another period of ten years and, thereafter, may
denounce this Convention at the expiration of each Recommendation concerning the prohibition and
period of ten years under the terms provided for in immediate action for the elimination of the worst forms
this Article. of child labour
Place:Geneva
Article 12 Session of the Conference:87
Date of adoption:17:06:1999
1. The Director-General of the International Labour Subject classification: Elimination of Child Labour
Office shall notify all Members of the International Subject classification: Children and Young Persons
Labour Organization of the registration of all Subject: Elimination of Child Labour and
ratifications and acts of denunciation communicated Protection of Children and Young Persons
by the Members of the Organization.
2. When notifying the Members of the Organization of The General Conference of the International Labour
the registration of the second ratification, the Director- Organization,
General shall draw the attention of the Members of
the Organization to the date upon which the Having been convened at Geneva by the Governing
Convention shall come into force. Body of the International Labour Office, and having
met in its Eighty-seventh Session on 1 June 1999,
Article 13 and
The Director-General of the International Labour Having adopted the Worst Forms of Child Labour
Office shall communicate to the Secretary-General of Convention, 1999, and
the United Nations, for registration in accordance with
article 102 of the Charter of the United Nations, full Having decided upon the adoption of certain
particulars of all ratifications and acts of denunciation proposals with regard to child labour, which is the
registered by the Director-General in accordance with fourth item on the agenda of the session, and
the provisions of the preceding Articles.
Article 14
2. The programmes of action referred to in Article 6 of 4. For the types of work referred to under Article 3(d)
the Convention should be designed and implemented of the Convention and Paragraph 3 above, national
as a matter of urgency, in consultation with relevant laws or regulations or the competent authority could,
government institutions and employers' and workers' after consultation with the workers' and employers'
organizations, taking into consideration the views of organizations concerned, authorize employment or
the children directly affected by the worst forms of work as from the age of 16 on condition that the
child labour, their families and, as appropriate, other health, safety and morals of the children concerned
concerned groups committed to the aims of the are fully protected, and that the children have
Convention and this Recommendation. Such received adequate specific instruction or vocational
programmes should aim at, inter alia: training in the relevant branch of activity.
(a) identifying and denouncing the worst forms of child III. Implementation
labour;
5. (1) Detailed information and statistical data on the
(b) preventing the engagement of children in or nature and extent of child labour should be compiled
removing them from the worst forms of child labour, and kept up to date to serve as a basis for
protecting them from reprisals and providing for their determining priorities for national action for the
rehabilitation and social integration through measures abolition of child labour, in particular for the prohibition
which address their educational, physical and and elimination of its worst forms as a matter of
psychological needs; urgency.
(c) giving special attention to: (2) As far as possible, such information and statistical
data should include data disaggregated by sex, age
(i) younger children; group, occupation, branch of economic activity, status
in employment, school attendance and geographical
location. The importance of an effective system of
(ii) the girl child; birth registration, including the issuing of birth
certificates, should be taken into account.
(iii) the problem of hidden work situations, in which
girls are at special risk; (3) Relevant data concerning violations of national
provisions for the prohibition and elimination of the
(iv) other groups of children with special vulnerabilities worst forms of child labour should be compiled and
or needs; kept up to date.
(d) identifying, reaching out to and working with 6. The compilation and processing of the information
communities where children are at special risk; and data referred to in Paragraph 5 above should be
carried out with due regard for the right to privacy.
(e) informing, sensitizing and mobilizing public opinion
and concerned groups, including children and their 7. The information compiled under Paragraph 5 above
families. should be communicated to the International Labour
Office on a regular basis.
II. Hazardous work
8. Members should establish or designate appropriate
3. In determining the types of work referred to under national mechanisms to monitor the implementation of
Article 3(d) of the Convention, and in identifying national provisions for the prohibition and elimination
where they exist, consideration should be given, inter of the worst forms of child labour, after consultation
alia, to: with employers' and workers' organizations.
(a) work which exposes children to physical, 9. Members should ensure that the competent
psychological or sexual abuse; authorities which have responsibilities for
12. Members should provide that the following worst (h) giving publicity to legal or other provisions on child
forms of child labour are criminal offences: labour in the different languages or dialects;
(a) all forms of slavery or practices similar to slavery, (i) establishing special complaints procedures and
such as the sale and trafficking of children, debt making provisions to protect from discrimination and
bondage and serfdom and forced or compulsory reprisals those who legitimately expose violations of
labour, including forced or compulsory recruitment of the provisions of the Convention, as well as
children for use in armed conflict; establishing helplines or points of contact and
ombudspersons;
(b) the use, procuring or offering of a child for
prostitution, for the production of pornography or for (j) adopting appropriate measures to improve the
pornographic performances; and educational infrastructure and the training of teachers
to meet the needs of boys and girls;
(c) the use, procuring or offering of a child for illicit
activities, in particular for the production and (k) as far as possible, taking into account in national
trafficking of drugs as defined in the relevant programmes of action:
international treaties, or for activities which involve the
unlawful carrying or use of firearms or other weapons.
(i) the need for job creation and vocational training for
the parents and adults in the families of children
13. Members should ensure that penalties including, working in the conditions covered by the Convention;
where appropriate, criminal penalties are applied for and
violations of the national provisions for the prohibition
and elimination of any type of work referred to in
Article 3(d) of the Convention. (ii) the need for sensitizing parents to the problem of
children working in such conditions.
14. Members should also provide as a matter of
urgency for other criminal, civil or administrative 16. Enhanced international cooperation and/or
remedies, where appropriate, to ensure the effective assistance among Members for the prohibition and
enforcement of national provisions for the prohibition effective elimination of the worst forms of child labour
and elimination of the worst forms of child labour, should complement national efforts and may, as
such as special supervision of enterprises which have appropriate, be developed and implemented in
used the worst forms of child labour, and, in cases of consultation with employers' and workers'
persistent violation, consideration of temporary or organizations. Such international cooperation and/or
permanent revoking of permits to operate. assistance should include:
15. Other measures aimed at the prohibition and (a) mobilizing resources for national or international
elimination of the worst forms of child labour might programmes;
include the following:
(b) mutual legal assistance;
b. Coverage, RA 9231, Sec. 2, par. 3 on Sec. 12; Book III, Section 13. Non-formal Education for Working
Rule XII, Sec. 1 Children. - The Department of Education, Culture and
Sports shall promulgate a course design under its
(See Above) non-formal education program aimed at promoting the
intellectual, moral and vocational efficiency of working
c. Employment of Children, Art. 139; RA 7610, Sec. 12- children who have not undergone or finished
16; DO LE Memo Ci rc ular No . 2, S 199 8 Re; elementary or secondary education. Such course
Ha za rdo us a nd Non-H az ardo us Es tabli sh men ts design shall integrate the learning process deemed
most effective under given circumstances.
RA 7610
Section 14. Prohibition on the Employment of
ARTICLE VIII Children in Certain Advertisements. - No person shall
Working Children employ child models in all commercials or
advertisements promoting alcoholic beverages,
Section 12. Employment of Children. - Children intoxicating drinks, tobacco and its byproducts and
below fifteen (15) years of age may be employed violence.
except:
Section 15. Duty of Employer. - Every employer shall
(1) When a child works directly under the comply with the duties provided for in Articles 108 and
sole responsibility of his parents or legal 109 of Presidential Decree No. 603.
guardian and where only members of the
employer's family are employed: Provided, Section 16. Penalties. - Any person who shall violate
however, That his employment neither any provision of this Article shall suffer the penalty of
endangers his life, safety and health and a fine of not less than One thousand pesos (P1,000)
morals, nor impairs his normal development: but not more than Ten thousand pesos (P10,000) or
Provided, further, That the parent or legal imprisonment of not less than three (3) months but
guardian shall provide the said minor child not more than three (3) years, or both at the discretion
with the prescribed primary and/or of the court; Provided, That, in case of repeated
secondary education; or violations of the provisions of this Article, the
offender's license to operate shall be revoked.
(2) When a child's employment or
participation in public & entertainment or
information through cinema, theater, radio or d. Hours of Work, RA 9231, Sec. 3 on Sec. 12-a
television is essential: Provided, The
employment contract concluded by the
child's parent or guardian, with the express
e. Prohibitions Against Worst Forms of Child Labor, Sec. 3
on Sec. 12-d; Sec 5 on sec. 14
agreement of the child concerned, if
possible, and the approval of the Department
of Labor and Employment: Provided, That
the following requirements in all instances
are strictly complied with:
f. Discrimination, Art. 140
(a) The employer shall ensure the protection,
health, safety and morals of the child; g. Jurisdiction, Sec. 9 on Sec. 16-A
(1) Eight hundred pesos (P800.00) a month for househelpers ART. 151. Employment certification. - Upon the severance of
in Manila, Quezon, Pasay, and Caloocan cities and the household service relation, the employer shall give the
municipalities of Makati, San Juan, Mandaluyong, househelper a written statement of the nature and duration
Muntinlupa, Navotas, Malabon, Paraaque, Las Pias, Pasig, of the service and his or her efficiency and conduct as
Marikina, Valenzuela, Taguig and Pateros in Metro Manila househelper.
and in highly urbanized cities;
ART. 152. Employment record. - The employer may keep
(2) Six hundred fifty pesos (P650.00) a month for those in such records as he may deem necessary to reflect the actual
other chartered cities and first-class municipalities; and terms and conditions of employment of his househelper,
which the latter shall authenticate by signature or
thumbmark upon request of the employer.
(3) Five hundred fifty pesos (P550.00) a month for those in
other municipalities.
Provided, further, That those househelpers who are receiving RULE XIII
at least One thousand pesos (P1,000.00) shall be covered by Employment of Househelpers
the Social Security System (SSS) and be entitled to all the
benefits provided thereunder. (As amended by Republic Act
No. 7655, August 19, 1993). SECTION 1. General statement on coverage. (a) The
provisions of this Rule shall apply to all househelpers
whether employed on full or part-time basis.
ART. 144. Minimum cash wage. - The minimum wage rates
prescribed under this Chapter shall be the basic cash wages
SECTION 5. Minimum monthly wage. The minimum If the househelper leaves without justifiable reason, he or
compensation of househelpers shall not be less than the she shall forfeit any unpaid salary due him or her not
following rates: exceeding fifteen (15) days.
(a) Sixty pesos (P60.00) a month for those employed in the SECTION 15. Employment certification. Upon the
cities of Manila, Quezon, Pasay and Caloocan, and in the severance of the household service relationship, the
municipalities of Makati, San Juan, Mandaluyong, househelper may demand from the employer a written
Muntinlupa, Navotas, Malabon, Paraaque, Las Pias, Pasig statement of the nature and duration of the service and his
and Marikina, in the Province of Rizal. or her efficiency and conduct as househelper.
(b) Forty-five pesos (P45.00) a month for those employed in SECTION 16. Funeral expenses. In case of death of the
other chartered cities and first class municipalities; and househelper, the employer shall bear the funeral expenses
commensurate to the standards of life of the deceased.
(c) Thirty pesos (P30.00) a month for those in other
municipalities. SECTION 17. Disposition of the househelper's body.
Unless so desired by the househelper or by his or her
guardian with court approval, the transfer or use of the body
SECTION 6. Equivalent daily rate. The equivalent
of the deceased househelper for purposes other than burial
minimum daily wage rate of househelpers shall be
is prohibited. When so authorized by the househelper, the
determined by dividing the applicable minimum monthly rate
transfer, use and disposition of the body shall be in
by thirty (30) days.
accordance with the provisions of Republic Act No. 349.
2. Employer Recognition
De Leon v. NLRC, 176 SCRA 615 (1989) A.M. Oreta and Co. Inc. v. NLRC, 176 SCRA 218 (1989)
Violeta v. NLRC, 280 SCRA 520 (1997) 2) One Year Service
San Miguel Corporation v. NLRC, 297 SCRA 277 (1998)
Kimberly v. Drilon, 185 SCRA 190 (1990)
4. Management Prerogative Integrated Contractor and Plumbing Works, Inc. v.
Court of Appeals, 464 SCRA 544 (2005)
Manila Electric Co. v. NLRC, 263 SCRA 531 (1996)
San Miguel Corp. v. Abella, supra
PAL, Inc. v. Pascua, 409 SCRA 195 (2003)
Coca-cola Bottlers Phil., Inc. Sales Force Union-PTGWO- c. Fixed-Term
BALAIS v. Coca-cola Bottlers Phil., Inc., GR No. 155651,
464 SCRA 507 (2005) Brent School v. Zamora, 181 SCRA 702 (1990)
Palomares v. NLRC, 277 SCRA 439 (1997)
5. Kinds of Employee
Philips Semiconductor etc. v. Fadriquela, 422 SCRA 408
(2004)
a. Regular Employees, art. 280, 1st par.; 280, 2nd par.;
281, last sentence; 75(d); Omnibus rules, Book VI, Rule 1,
d. Seasonal
Secs. 5(a), (b) and 6.
c. Management Prerogative
e. Burden of Proof
f. Measure of Penalty
g. Factors
a. Resignation
8) Transfer
4) Commission of Crime, Art. 282 (d)
Batongbacal v. Associated Bank, 168 SCRA 600 (1988) c. Substantive Requirements Business Related
Causes, Art. 283
c) Change of Ownership
1) Basis
Manlimos v. NLRC, 242 SCRA 145 (1995)
Edge Apparel Inc. v. NLRC, 286 SCRA 302 (1998)
d) Habitual Absenteeism
2) Business Related or Authorized Causes
Union Motor Corp. v. NLRC, 445 SCRA 683 (2004)
a) Installation of Labor Saving Devices, Art. 283
e) Fixed-Term Employment
Complex Electronics Employees Assn. v. NLRC, 310
Magsalin v. National Organization of Working Men, SCRA 403 (1999)
supra
b) Retrenchment to Prevent Losses, Art. 283
f) Past offenses
Asian Alcohol Corp. v. NLRC, 305 SCRA 415 (1999)
La Carlota Planters Assn. v. NLRC, 298 SCRA 252
(1998)
NDC-Guthrie Plantations, Inc. v. NLRC, 362 SCRA
416.(2001)
Ramoran v. Jardine CMG, Inc. 326 SCRA 208 (2000)
Composite Enterprises, Inc. v. Emilio M. Caparoso, et
g) Habitual Infractions al., GR No. 159919, Aug. 8, 2007
Asufrin v. San Miguel Corp., 425 SCRA 270 (2004) Salvador v. Phil. Mining service Corp., 395 SCRA 729
Golden Tread Knitting Industries, Inc. v. NLRC, 304 (2003)
SCRA 568
Lopez Sugar Corp. v. Franco, 458 SCRA 515 (2005) 9) Dismissal of Case, Purely on Technical Ground
d) Closure of Business, Art. 283 Quintano v. NLRC, 446 SCRA 195 (2004)
Serrano v. NLRC, 323 SCRA 445 (2000) b) Effect of Failure to Ask Relief
Santos v. San Miguel Corp., supra
Pheschem Industrial Corp. v. Moldez, supra
Agabon v. NLRC, supra
c) Exceptions
2) Right to Counsel
i) Closure of Business
Salaw v. NLRC, 202 SCRA 7, 12-15 (1991)
ii) Economic Business Conditions
3) Notice
Union of Supervisors (RB) NATU, etc. v. Sec. of Labor,
Agabon v. NLRC, supra 128 SCRA 442 (1984)
Caingat v. NLRC, 453 SCRA 142 (2005)
iii) Employees Unsuitability
4) Hearing
Divine Word High School v. NLRC, 143 SCRA 346
a) Hearing (1986)
Permex, Inc. v. NLRC, 323 SCRA 121 (2000) iv) Employees Retirement/Overage
Arboleda v. NLRC, 303 SCRA 39 (1999)
Espejo v. NLRC, 255 SCRA 430 (1996)
b) Use of Position Paper
v) Antipathy and Antagonism Strained
Shoppes Manila, Inc. v. NLRC, 419 SCRA 354 (2004) Relations
5) Decision/Award Const., Art. VIII, Sec. 14 Acesite Corp. v. NLRC, 449 SCRA 360 (2005)
BPI Employees Union v. BPI, 454 SCRA 357 (2005)
Pepsi-Cola Products Phil., Inc. v. Court of Appeals, 443 Sagum v. Court of Appeals, 459 SCRA 223 (2005)
SCRA 580 (2004)
vi) Not Feasible
6) Burden of Proof
Bustamante v. NLRC, 265 SCRA 1 (1996)
Equitable PCIBank v. Caguioa, 466 SCRA 658 (2005)
c) Offer to Reinstate
7) Degree of Proof/Substantial Evidence
Ranara v. NLRC, 212 SCRA 631 (1992)
Philtread Tire & Tubber Corp. v. Vicente, 441 SCRA 574
2) Backwages
(2004)
Etcuban v. Sulpicio Lines, Inc., supra
a) Effect of Failure to Claim
Duman / Labor I / Prof. Battad / Page 149
De La Cruz v. NLRC, 299 SCRA 1 (1998) Arms Taxi v. NLRC, supra
Aurora Land etc. v. NLRC, 212 SCRA 48 (1997) f. Liability of Corporate Officers
Acesite Corp v. NLRC, supra Lopez v. National Steel Corp., 423 SCRA 109 (2004)
Sagum v. Court of Appeals, 459 SCRA 223 (2005) Solomon v. Association of International Shipping Lines,
Central Luzon Conference v. CA, 466 SCRA 711 (04) Inc., 457 SCRA 254 (2005)
1) When As Alternative Brion v. South Phil. Union Mission of the Seventh Day
Adventist Church, 307 SCRA 497 (1999)
Coca-Cola Bottlers Phils. Inc. v. Vital, 438 SCRA 278
(2004) RE MI NDE RS :
National Federation of Labor v. Court of Appeals, 440
SCRA 604 (2004) 1. Voluntary recitation will be graded generously. The
Etcuban Jr. v. Sulpicio Lines, Inc., supra professor however reserves the right to call on students
for recitation.
Composite enterprises, Inc. v. Emilio M. Caparoso, et
al., supra 2. The 20% rule on absences will be strictly observed.
Three times of tardiness will be considered absent. All
2) Computation/Rationale those who come between 15 to 30 minutes after the
class will be marked late; after 30 mins, absent.
Business Day Information Systems and Services, Inc. v. 3. No make-up mid-term examination will be given.
NLRC, 221 SCRA 9 (1993)
Millares v. NLRC, 305 SCRA 500 (1999)
RE QU IR EM ENT :
3) Effect of Receipt
Attendance/Recitation/Assigned Work - 30%
Arino v. NLRC, 290 SCRA 489 (1998) Mid-Term Examination -
30%
c. Financial Assistance Final Examination -
30%
1) When Allowed
e. Indemnity
Duman / Labor I / Prof. Battad / Page 150