LABOR CODE (1st exam)
to apply?
The State shall afford full protection to labor, local, and overseas,
organized and unorganized, and promote full employment and
equality of employment opportunities for all. Constitutional
provision on Labor
Labor Legislation consists of statutes, regulations, and
jurisprudence governing the relations between capital and labor,
by providing for some certain employment standards and a legal
framework for negotiating, adjusting, and administering those
standards and other incidents of employment.
Purpose consists of Labor laws that protect society.
Labor standards laws are those which set out the least or basic
terms, conditions and benefits of employment that employers
must provide or comply with and to which employees are entitled
as a matter of legal right.
Labor relations laws are those which define the status, rights,
and duties, and the institutional mechanisms that govern the
individual and collective interactions of employers, employees or
their representatives.
Social Justice is the humanization of laws and the equalization of
social and economic forces by the state so that justice in its
rational and objectively secular conception may at least be
approximated.
- Raison detre of labor laws
Police power is the power of Government to enact laws within
constitutional limits, to promote the order, safety, health, morals
and general welfare of society.
- Basis/foundation of labor laws
What is the purpose of Labor Legislation?
Art. The State shall afford protection to Labor, .
What is the liberal concept in the interpretation of labor laws?
Art 4. All doubts in the implementation and interpretation of the
provisions of this Code, including its implementing rules and
regulations, shall be resolved in favor of labor.
The right to obtain justice is enjoyed by all members of society, rich or
poor, worker or manager, alien or citizen. It should not be supposed that
every labor dispute will be automatically decided in favor of labor.
Fundamental Management Rights (Management Prerogatives)
1. Right to return of investments and to make profit.
2. Right to make reasonable rules and regulations for the
government of their employees.
3. Right to select employees and to decide when to engage them.
4. Right to transfer, reduce or lay-off personnel in order to
minimize expenses and to insure stability of the business.
Limits to management prerogatives:
Law, contract or CBA, and general principles of fair play.
What is the kind of relationship for the Code to properly
apply?
Employer-employee relationship
Is employer-employee relationship a prerequisite for the Code
No. Examples of this case are cases of indirect employers
liability (indirect contractor), or illegal recruitment, or misuse of
POEA license.
Art 12 b and e
ARTICLE 13. Definitions. -(b) Recruitment and placement
refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and includes
referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not:
Provided, That any person or entity which, in any manner, offers
or promises for a fee, employment to two or more persons shall be
deemed engaged in recruitment and placement.
People v. Panis the number of persons dealt with is not an
essential ingredient. P. 51
(c) Private fee-charging employment agency means any
person or entity engaged in recruitment and placement of workers
for a fee which is charged, directly or indirectly, from the workers
or employers or both.
(d) License means a document issued by the Department of
Labor authorizing a person or entity to operate a private
employment agency.
(e) Private recruitment entity means any person or
association engaged in the recruitment and placement of workers,
locally or overseas, without charging, directly or indirectly, any
fee from the workers or employers.
How will you prove illegal recruitment?
People v. Goce it must be shown that the accused gave the
complainant the distinct impression that .p51
Darwin v. CA and PP merely procuring passport, airline tickets
and foreign visa for another individual can hardly qualify as
recruitment activities.
ARTICLE 15. Bureau of Employment Services. - (b) The
regional offices of the Ministry of Labor (Labor Arbiter) shall
have the original and exclusive jurisdiction over all matters or
cases involving employer-employee relations including money
claims, arising out of or by virtue of any law or contracts
involving Filipino workers for overseas employment except
seamen. (Appeal is with NLRC)
6.4c page 62, no more three months, check with ra 10022
Serrano v. gallant p 63
Failure to deploy recruited workers without valid grounds (illegal
recruitment) are within the jurisdiction of regular courts. Labor
Arbiter has no jurisdiction.
6.4e page 64 2 notice rule
6.5 page 64 Contracted but not deployed
When is seafarers death compensable?
When the death occurred during the term of the contract it is
compensable. The death need not be work related for him to be
able to collect compensation. (NFD International vs. NLRC) page
67
Is a seafarer who has worked for 20 years (the duration of his
contract) on board the same vessel a regular employee?
No. The said seafarer is not a regular employee. This is because of
the fact that he knows that his employment if fixed (fixed term
employee) and will lapse after 20 years. (OFWs are fixed term
employees) Thus, the contract prevails. Romero v.
Jurisdiction Retained with POEA page 75
ARTICLE 18. Ban on direct-hiring. - No employer may hire a
Filipino worker for overseas employment except through the
Boards and entities authorized by the Secretary of Labor. Direct-
hiring by members of the diplomatic corps, international
organizations and such other employers as may be allowed by the
Secretary of Labor is exempted from this provision.
Is direct hiring of Filipino workers by employers allowed?
No, direct Hiring of Filipino workers by foreign employer is not
allowed except direct hiring by members of the diplomatic corps,
international orgs, and name hirees.
Who are name hirees?
They are those individual workers who are able to secure
contracts for overseas employment on their own efforts and
representation without assistance or participation of any agency.
Their hiring, nonetheless, has to be processed thru the POEA.
OWWA page 87
Is remittance to their family by Filipino workers abroad
mandatory?
Yes, it shall be mandatory for all Filipino workers abroad to remit
a portion of their foreign exchange earnings to their families,
dependents, and/or beneficiaries in the country in accordance with
rules and regulations prescribed by the Secretary of Labor. (Thus,
OFWs cannot refuse to remit a portion of their earnings)
The exception to this mandatory rule is when the family of the OFW is
with the OFW residing abroad.
EO 857, as amended, prescribe the percentages of foreign exchange
remittance ranging from 50% to 80% of the basic salary, depending on
the workers kind of job.
What did RA 8042 transfer from POEA to NLRC? <Migrant
workers act is already amended RA 10022>
Ra 8042 transferred from POEA to NLRC the jurisdiction over
OFWs claims arising from employer-employee relationship.
But POEA retains original and exclusive jurisdiction over cases
involving violations of POEA rules and regulations, disciplinary
cases and other cases that are administrative in character
involving OFWs. Thus, POEA performs regulatory, enforcement,
and limited or special adjudicatory functions.
With the proliferation of specialized activities and their attendant
peculiar problems, the national legislature has found it more and more
necessary to entrust to administrative agencies the authority to issue
rules to carry out the general provisions of the statute. This is called the
power of subordinate legislation.
Are travel agencies and sales agencies of airline companies
allowed to perform the business of recruitment and
placement?
No, travel agencies and sales agencies of airline companies are
prohibited from engaging in the business of recruitment and
placement of workers for overseas employment whether for profit
or not pursuant to Art 26 of the Labor Code.
Who are the other persons disqualified from performing the
business of recruitment and placement?
They are persons with derogatory records such as those convicted
for illegal recruitment or other crimes involving moral turpitude.
The same prohibition extends to any official or employee of
DOLE, POEA, OWWA, DFA, and other government agencies
directly involved in the implementation of RA 8042 or any of
their relatives within the fourth civil degree.
What percent of Filipino citizen voting capital stock is
required from a company to be authorized to engage in
business of recruitment and placement?
At least seventy-five percent (75%) of the authorized and voting
capital stock of corporations or partnerships owned and controlled
by Filipino citizens shall be permitted to participate in the
recruitment and placement of workers, locally or overseas.
ARTICLE 29. Non-transferability of license or authority. - No
license or authority shall be used directly or indirectly by any
person other than the one in whose favor it was issued or at any
place other than that stated in the license or authority be
transferred, conveyed or assigned to any other person or entity.
Any transfer of business address, appointment or designation of
any agent or representative including the establishment of
additional offices anywhere shall be subject to the prior approval
of the Department of Labor.
May a license to perform business of recruitment and
placement be transferred?
No, only the person authorized to do the business of placement
and recruitment may use the license.
Exception: If with prior approval of DOLE
May a licensed person perform recruitment in his residence?
No, Licenses or holders of authority or their duly authorized
representatives may, as a rule, undertake recruitment and
placement activity only at their authorized official (office)
addresses.
May a licensed person perform recruitment on a house-to-
house basis?
No, recruitment of workers for overseas employment cannot be
lawfully undertaken on a house-to-house basis, in residences, or
secluded places.
ARTICLE 32. Fees to be paid by workers. - Any person
applying with a private fee-charging employment agency for
employment assistance shall not be charged any fee until he has
obtained employment through its efforts or has actually
commenced employment. Such fee shall be always covered with
the appropriate receipt clearly showing the amount paid. The
Secretary of Labor shall promulgate a schedule of allowable fees.
When may a private fee-charging employment agency charge
a fee to a person?
Fee may be obtained
1. When the person has obtained employment or
2. When the person has actually commenced employment
ARTICLE 34. Prohibited practices. (Acts of Illegal
Recruitment) - It shall be unlawful for any individual, entity,
licensee, or holder of authority:
(a) To charge or accept, directly or indirectly, any amount greater
than that specified in the schedule of allowable fees prescribed by
the Secretary of Labor, or to make a worker pay any amount
greater than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or
document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document
or commit any act of misrepresentation for the purpose of
securing a license or authority under this Code;
(d) To induce or attempt to induce a worker already employed to
quit his employment in order to offer him to another unless the
transfer is designed to liberate the worker from oppressive terms
and conditions of employment;
(e) To influence or to attempt to influence any person or entity not
to employ any worker who has not applied for employment
through his agency;
(f) To engage in the recruitment or placement of workers in jobs
harmful to public health or morality or to the dignity of the
Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary
of Labor or by his duly authorized representatives;
(h) To fail to file reports on the status of employment, placement
vacancies, remittance of foreign exchange earnings, separation
from jobs, departures and such other matters or information as
may be required by the Secretary of Labor;
(i) To substitute or alter employment contracts approved and
verified by the Department of Labor from the time of actual
signing thereof by the parties up to and including the periods of
expiration of the same without the approval of the Secretary of
Labor;
(j) To become an officer or member of the Board of any
corporation engaged in travel agency or to be engaged directly or
indirectly in the management of a travel agency; and
(k) To withhold or deny travel documents from applicant workers
before departure for monetary or financial considerations other
than those authorized under this Code and its implementing rules
and regulations.
May a licensed person accept an amount grater than that
allowed in the schedule of allowable fees prescribed?
No, it is prohibited to charge or accept, directly or indirectly, any
amount greater than that specified in the schedule of allowable
fees prescribed by the Secretary of Labor, or to make a worker
pay any amount greater than that actually received by him as a
loan or advance pursuant to Art 34a of the Labor Code.
To constitute a violation of inducement (Art 34d), is it
necessary that the employee was actually induced?
No, a mere attempt to induce a worker to quit his employment for
the purpose of offering him to another is sufficient to constitute
the offense. It is not necessary that the worker was actually
induced or did quit employment.
What is the exception from the prohibition of inducement to
quit an employees employment for another?
The act is not punishable if the transfer is designed to liberate the
worker from oppressive terms and conditions of employment
Is the licensed person allowed to become a member or officer
of a corporation engaged in travel agency?
No, to become an officer or member of the Board of any
corporation engaged in travel agency or to be engaged directly or
indirectly in the management of a travel agency is prohibited
pursuant to Art 34j of the Labor Code.
May a licensed person withhold travel documents of applicant
before departure for monetary considerations included under
those authorized by the Code?
Yes, be it noted that what is prohibited is the withholding of
documents of applicant before departure for money considerations
OTHER than those in the Code pursuant to Art 34k of the Labor
Code.
Art 34(a) of the Labor Code has two parts. The first part prohibits the
charging or accepting of fees greater than that allowed by regulations.
The second part of Art 34(a) is a deterrent to loan sharks who lend
money at usurious interests.
Under Art 34(b) the prohibition includes the act of furnishing fake
employment documents to a worker, and the act of publishing false notice
or information in relation to recruitment or employment. The act of
advertising for employment is within the definition of recruitment and
placement and the falsity of the notice or information published is
immaterial in prosecution for illegal recruitment for unauthorized
advertisement.
There is no prohibition against stipulating in a contract more benefits
to the employee than those required by law.
Under POEA Rules, an applicant for a license to operate a private
employment agency or manning agency should submit an undertaking
under oath stating that the applicant:
3) Shall assume joint and solidary liability with the employer for all
claims and liabilities which may rise in connection with the
implementation of the contract; including but not limited to payment of
wages, health and disability compensation and repatriation.
4) Shall guarantee compliance with the existing labor and social
legislations of the Philippines and of the country of employment of
recruited workers.
ARTICLE 37. Visitorial Power. - The Secretary of Labor or his
duly authorized representatives may, at any time, inspect the
premises, books of accounts and records of any person or entity
covered by this Title, require it to submit reports regularly on
prescribed forms, and act on violation of any provisions of this
Title.
ARTICLE 38. Illegal recruitment. - (a) Any recruitment
activities, including the prohibited practices enumerated
under Article 34 of this Code, to be undertaken by non-
licensees or non-holders of authority, shall be deemed illegal
and punishable under Article 39 of this Code. The Department
of Labor and Employment or any law enforcement officer
may initiate complaints under this Article.
(b) Illegal recruitment when committed by a syndicate or in
large scale shall be considered an offense involving economic
sabotage and shall be penalized in accordance with Article 39
hereof. Illegal recruitment is deemed committed by a
syndicate if carried out by a group of three (3) or more
persons conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction, enterprise or
scheme defined under the first paragraph hereof. Illegal
recruitment is deemed committed in large scale if committed
against three (3) or more persons individually or as a group.
What is illegal recruitment?
Illegal recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring workers
and includes referring contract services, promising or advertising
for employment abroad, whether for profit or not, when
undertaken by a non-license or non-holder of authority
contemplated under Art 13(f) of PD 442, as amended.
Page 51, PP v. Panis. Is the number of persons essential element
in prosecuting illegal recruitment
When is illegal recruitment committed by a syndicate?
Illegal recruitment is deemed committed by a syndicate if carried
out by a group of three (3) or more persons.
When is illegal recruitment committed in large scale?
Illegal recruitment is deemed committed in large scale if
committed against three (3) or more persons individually or as a
group
What are the two types of illegal recruitment?
Two Types of Illegal Recruitment
1. Simple
2. Illegal recruitment involving economic sabotage
Syndicated
Large Scale
Who has the exclusive original jurisdiction over illegal
recruitment cases?
Illegal recruitment cases falls within the exclusive original
jurisdiction of the RTC.
Who are criminally liable for illegal recruitment?
The persons criminally liable for illegal recruitment are the
principals, accomplices and accessories. In case of juridical
persons, the officers having control, management or direction of
their business shall be liable.
May an agency employee of an illegal recruitment business
escape liability?
Yes, an agencys employee who does not control, manage or
direct the business may not be held liable for illegal recruitment.
Conversely, an employee of a company or corporation engaged in
illegal recruitment may be held liable as principal, together with
his employer, if it is shown that he actively and consciously
participated in illegal recruitment.
The absence of receipts cannot defeat a criminal prosecution for
illegal recruitment. As long as the witnesses can positively show thru
their respective testimony that the accused is the one involved in
prohibited recruitment, she can be convicted of the offense despite the
absence of receipts.
May an independent complaint for estafa be filed aside from
illegal recruitment?
Yes, a worker who suffers pecuniary damage, regardless of the
amount, as a result of a previous or simultaneous false pretense
resorted to by a non-license or non-holder of authority, may file a
complaint for estafa (Art 315 p.2a of RPC), aside from illegal
recruitment.
<If the recruiter failed to return the amount paid by the victim, the
esttafa case may be filed. If returned, illegal recruitment only>
The Secretary of Labor and Employment or his duly authorized
representatives may cause the lawful arrest of illegal recruiters either:
1. By virtue of a judicial warrant issued by an RTC, MTC or
MCTC judge, as the case may be.
2. without judicial warrant, under the provisions of Sec 5, Rule
113 of the 1985 Rules on Criminal Procedure, as amended.
ARTICLE 39. Penalties. - (d) If the offender is a corporation,
partnership, association or entity, the penalty shall be imposed
upon the officer or officers of the corporation, partnership,
association or entity responsible for violation; and if such
officer is an alien, he shall, in addition to the penalties herein
prescribed, be deported without further proceedings;
(e) In every case, conviction shall cause and carry the
automatic revocation of the license or authority and all the
permits and privileges granted to such person or entity under
this Title, and the forfeiture of the cash and surety bonds in
favor of the Overseas Employment Development Board or the
National Seamen Board, as the case may be, both of which are
authorized to use the same exclusively to promote their
objectives.
Are alien officer offenders of illegal recruitment immediately
deported without further proceedings?
Yes, if such officer is an alien, he shall, in addition to the penalties
herein prescribed, be deported without further proceedings
pursuant to Art 39e of the Labor Code.
What is the prescriptive period for illegal recruitment cases?
Illegal recruitment cases under this Act shall prescribe in five
years; Provided, however, That illegal recruitment cases
involving economic sabotage as defined herein shall prescribe in
twenty years.
Is the revocation of license of authorized persons to perform
recruitment and placement automatic upon conviction for
illegal recruitment?
Yes, conviction shall cause and carry the automatic revocation of
the license or authority and all the permits and privileges granted
to such person or entity pursuant to Art 39e of the Labor Code?
ARTICLE 40. Employment permit of non-resident aliens. -
Any alien seeking admission to the Philippines for employment
purposes and any domestic or foreign employer who desires to
engage an alien for employment in the Philippines shall obtain an
employment permit from the Department of Labor.
The employment permit may be issued to a non-resident alien or
to the applicant employer after a determination of the non-
availability of a person in the Philippines who is competent, able
and willing at the time of application to perform the services for
which the alien is desired.
What shall a non-resident alien seeking employment obtain
before being actually employed?
An alien seeking admission for employment purposes and any
domestic or foreign employer who desires to engage an alien for
employment shall obtain an employment permit from DOLE.
When may an employment permit be issued to an alien?
After a determination of the non-availability of a person in the
Philippines who is competent, able and willing at the time of
application to perform the services for which the alien is desired.
ARTICLE 41. Prohibition against transfer of employment. -
(a) After the issuance of an employment permit, the alien shall not
transfer to another job or change his employer without prior
approval of the Secretary of Labor.
(b) Any non-resident alien who shall take up employment in
violation of the provision of this Title and its implementing rules
and regulations shall be punished in accordance with the
provisions of Articles 289 and 290 of the Labor Code.
In addition, the alien worker shall be subject to deportation after
service of his sentence.
What must the alien acquire in order to be able to transfer to
another job?
The alien needs the prior approval of the Secretary of Labor.
Are resident aliens required to acquire employment permit
before employment?
No, Art 40 requires only non-resident aliens to secure
employment permit. Resident aliens are not so required. For
immigrants or resident aliens what is required is an Alien
Employment Registration Certificate.
The Anti-Dummy Law prohibits employment of aliens in entities that
own or control a right, franchise, privilege, property or business whose
exercise or enjoyment is reserved by law only to Filipinos or to
corporations or associations whose capital should be at least 60%
Filipino owned.
Under the Philippine Constitution, Art XVI, Sec 11, mass media
enterprises can be owned only by Filipinos or by corporations or
associations wholly owned or managed by them.
Coverage and Exemption
1. All foreign nationals who intend to engage in gainful
employment in the Philippines shall apply for Alien
Employment Permit.
2. The following categories of foreign nationals are exempt from
securing an employment permit:
a. All members of the diplomatic service and foreign government
officials accredited by and with reciprocity arrangement with
the Philippine government;
b. Officers and staff of international organizations of which the
Philippines is a member, and their legitimate spouses desiring
to work in the Philippines;
c. Foreign nationals elected as members of the Governing Board
who do not occupy any other position, but have only voting
rights in the corporation;
d. All foreign nationals granted exemption by law;
e. Owners and representatives of foreign principals whose
companies are accredited by the POEA, who come to the
Philippines for a limited period and solely for the purpose of
interviewing Filipino applicants for employment abroad;
f. Foreign nationals who come to the Philippines to teach,
present and/or conduct research studies in universities and
colleges as visiting, exchange or adjunct professors under
formal agreements between the universities or colleges in the
Philippines and foreign universities or colleges; or between the
Philippine government and foreign government; provided that
exemption is on a reciprocal basis; and
g. Resident foreign nationals.
ARTICLE 58. Definition of Terms. - As used in this Title:
(a) Apprenticeship means practical training on the job
supplemented by related theoretical instruction.
(b) An apprentice is a worker who is covered by a written
apprenticeship agreement (Now already approved by TESDA)
with an individual employer or any of the entities recognized
under this Chapter.
(c) An apprenticeable occupation means any trade, form of
employment or occupation which requires more than three (3)
months of practical training on the job supplemented by related
theoretical instruction.
(d) Apprenticeship agreement is an employment contract
wherein the employer binds himself to train the apprentice and the
apprentice in turn accepts the terms of training.
ARTICLE 59. Qualifications of apprentice. - To qualify as an
apprentice, a person shall:
(a) Be at least fourteen (14) years of age;
(b) Possess vocational aptitude and capacity for appropriate tests;
and
(c) Possess the ability to comprehend and follow oral and written
instructions.
Trade and industry associations may recommend to the Secretary
of Labor appropriate educational requirements for different
occupations.
Who may hire apprentices?
Only employers in the highly technical industries may employ
apprentices and only in apprenticeable occupations approved by
the Secretary of Labor and Employment. (As amended by Section
1, Executive Order No. 111, December 24, 1986).
RA 7610, as amended by RA 7658, explicitly prohibits employment of
children below 15 years of age.
What are the exception to the prohibition of employment of children
below 15 years of age?
Children below fifteen (15) years of age may not be employed except:
(1) When a child works directly under the sole responsibility of his
parents or legal guardian and where only members of the employer's
family are employed: Provided, however, That his employment neither
endangers his life, safety and health and morals, nor impairs his normal
development: Provided, further, That the parent or legal guardian shall
provide the said minor child with the prescribed primary and/or
secondary education; or
(2) When a child's employment or participation in public &
entertainment or information through cinema, theater, radio or
television is essential: Provided, The employment contract concluded by
the child's parent or guardian, with the express agreement of the child
concerned, if possible, and the approval of the Department of Labor and
Employment
ARTICLE 61. Contents of apprenticeship agreements. -
Apprenticeship agreements, including the wage rates of
apprentices, shall conform to the rules issued by the Secretary of
Labor and Employment. The period of apprenticeship shall not
exceed six months. Apprenticeship agreements providing for
wage rates below the legal minimum wage, which in no case shall
start below 75 percent of the applicable minimum wage, may be
entered into only in accordance with apprenticeship programs
duly approved by the Secretary of Labor and Employment. The
Department shall develop standard model programs of
apprenticeship. (As amended by Section 1, Executive Order No.
111, December 24, 1986).
What is the period of apprenticeship?
The period of apprenticeship shall not exceed six months pursuant
to Art 61.
May apprenticeship agreements provide wage rate of less than
the minimum?
Yes, apprenticeship agreements providing for wage rates below
the legal minimum wage, which in no case shall start below 75
percent of the applicable minimum wage, may be entered into
pursuant to Art 61.
ARTICLE 62. Signing of apprenticeship agreement. - Every
apprenticeship agreement shall be signed by the employer or his
agent, or by an authorized representative of any of the recognized
organizations, associations or groups and by the apprentice.
An apprenticeship agreement with a minor shall be signed in his
behalf by his parent or guardian, if the latter is not available, by an
authorized representative of the Department of Labor, and the
same shall be binding during its lifetime.
Every apprenticeship agreement entered into under this Title shall
be ratified by the appropriate apprenticeship committees, if any,
and a copy thereof shall be furnished both the employer and the
apprentice.
Who may sign in behalf of a minor in an apprenticeship
program?
An apprenticeship agreement with a minor shall be signed in his
behalf by his parent or guardian, if the latter is not available, by an
authorized representative of the Department of Labor pursuant to
Art 62.
What is the status of an employee if there is no apprenticeship
program?
In the absence of an apprentice program, a worker is deemed to be
a regular employee.
ARTICLE 65. Investigation of violation of apprenticeship
agreement. - Upon complaint of any interested person or upon its
own initiative, the appropriate agency of the Department of Labor
and Employment or its authorized representative shall investigate
any violation of an apprenticeship agreement pursuant to such
rules and regulations as may be prescribed by the Secretary of
Labor and Employment.
ARTICLE 66. Appeal to the Secretary of Labor and
Employment. - The decision of the authorized agency of the
Department of Labor and Employment may be appealed by any
aggrieved person to the Secretary of Labor and Employment
within five (5) days from receipt of the decision. The decision of
the Secretary of Labor and Employment shall be final and
executory.
What is the doctrine of exhaustion of administrative
remedies?
No person shall institute any action for the enforcement of any
apprenticeship agreement or damages for breach of any such
agreement, unless he has exhausted all available administrative
remedies.
ARTICLE 72. Apprentices without compensation. - The
Secretary of Labor and Employment may authorize the hiring of
apprentices without compensation whose training on the job is
required by the school or training program curriculum or as
requisite for graduation or board examination.
What are the circumstances wherein an apprentice is allowed
to be without compensation?
An apprentice may not be compensated when his training on the
job is:
1. Required by school or training program
2. Requisite program for graduation
3. Requisite program for Board Exam
ARTICLE 73. Learners defined. - Learners are persons hired as
trainees in semi-skilled and other industrial occupations which are
non-apprenticeable and which may be learned through practical
training on the job in a relatively short period of time which shall
not exceed three (3) months.
When may learners be hired?
Learners may be employed when:
1. No experienced workers are available
2. Their employment is necessary to prevent curtailment
of employment opportunities
3. The employment does not create unfair competition in
terms of labor costs or impair or lower working
standards.
ARTICLE 75. Learnership agreement. - Any employer desiring
to employ learners shall enter into a learnership agreement with
them, which agreement shall include:
(a) The names and addresses of the learners;
(b) The duration of the learnership period, which shall not exceed
three (3) months;
(c) The wages or salary rates of the learners which shall begin at
not less than seventy-five percent (75%) of the applicable
minimum wage; and
(d) A commitment to employ the learners if they so desire, as
regular employees upon completion of the learnership. All
learners who have been allowed or suffered to work during the
first two (2) months shall be deemed regular employees if training
is terminated by the employer before the end of the stipulated
period through no fault of the learners.
The learnership agreement shall be subject to inspection by the
Secretary of Labor and Employment or his duly authorized
representative.
How are learners in a piece of work paid?
Learners employed in piece or incentive-rate jobs during the
training period shall be paid in full for the work done.
Distinguish an apprentice from a learner.
Apprentice Learner
Not as productive as regular Not as productive as regular
worker worker
May wage lower than 25% of May wage lower than 25% of
minimum wage minimum wage
Highly skilled jobs (require Semi-skilled jobs (require 3mos
more than 3mos but less than or less training)
6mos training)
Also a learner Not an apprentice
Jobs are in highly technical Non-technical jobs
industries approved by DOLE
(Now TESDA)
ARTICLE 78. Definition. - Handicapped workers are those
whose earning capacity is impaired by (1) age or (2) physical or
(3) mental deficiency or injury.
When may handicapped workers be employed?
Handicapped workers may be employed when:
1. Their employment is necessary to prevent curtailment
of employment opportunities
2. It does not create unfair competition in labor costs or
impair or lower working standards.
ARTICLE 80. Employment agreement. - Any employer who
employs handicapped workers shall enter into an employment
agreement with them, which agreement shall include:
(a) The names and addresses of the handicapped workers to be
employed;
(b) The rate to be paid the handicapped workers which shall not
be less than seventy five (75%) percent of the applicable legal
minimum wage;
(c) The duration of employment period; and
(d) The work to be performed by handicapped workers.
The employment agreement shall be subject to inspection by the
Secretary of Labor and Employment or his duly authorized
representatives.
ARTICLE 81. Eligibility for apprenticeship. - Subject to the
appropriate provisions of this Code, handicapped workers may be
hired as apprentices or learners if their handicap is not such as to
effectively impede the performance of job operations in the
particular occupations for which they are hired.
Even handicapped persons, employed by the bank to accommodate
the request of the social welfare secretary may become regular
employees.
ARTICLE 82. Coverage. - The provisions of this Title shall
apply to employees in all establishments and undertakings
whether for profit or not, but not to (1) government employees,
(2) managerial employees, (3) field personnel, (4) members of the
family of the employer who are dependent on him for support, (5)
domestic helpers, (6) persons in the personal service of another,
and (7) workers who are paid by results as determined by the
Secretary of Labor in appropriate regulations.
As used herein, managerial employees refer to those whose
primary duty consists of the management of the establishment
in which they are employed or of a department or subdivision
thereof, and to other officers or members of the managerial staff.
Field personnel shall refer to non-agricultural employees 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 determined with
reasonable certainty.
Four fold test in determining the existence of employer-employee
relationship
a. The selection and engagement of the employee;
b. The payment of wages;
c. The power of dismissal; and
d. The employers power to control the employee with respect to
the means and methods by which the work is to be
accomplished. It is the so-called control test that is the most
important element.
Absent the power to control the employee with respect to the
means and methods by which his work was to be accomplished,
there is no employer-employee relationship between the
parties. (Continental Marble Corp., et. Al. V. NLRC)
Two-tiered Approached; the Economic Dependence Test
1. Involving the putative employers power to control the
employee with respect to the means and methods by which the
work is to be accomplished; and
2. Involving the underlying economic realities of the activity or
relationship.
This two-tiered test would provide us with the framework of
analysis, which would take into consideration the totality of
circumstances surrounding the true nature of the relationship
between the parties.
Page 181, jeepney driver
Employer-employee relationship exists between the owner of the jeepneys
and the drivers even if the latter work under the boundary system.
(Citizens League of Free Workers, et. al. vs. Abbas)
Employer-employee relationship Caddy -
Employer-employee relationship Contractor -
Employer-employee relationship Commission agents spend time
independently of their own will
Are all commission agents considered as non-employee?
No. When they receive a regular salary aside from the percentage
received and not purely salary from commission.
Page 193, supervisors, like managers, not entitled to overtime pay
Page 199, workers paid by result

ARTICLE 83. Normal hours of work. - The normal hours of
work of any employee shall not exceed eight (8) hours a day.
What is the normal hours work of an employee?
The normal hours of work of any employee shall not exceed eight
(8) hours a day.
What the law regulates is work hours exceeding eight. Therefore, part-
time work or a days work of less than eight hours is not prohibited.
The fair and general rule is that the wage and the benefits of a part-timer
are in proportion to the number of hours worked.
May the normal hours of work be changed by the employer?
Yes. The employer may change the shift or work schedule for
improved production and efficient conduct of business.
When is an employee considered to be working or in hours
worked?
Hours worked shall include
1. All time during which an employee is required to be on
duty or to be at a prescribed workplace; and
2. All time during which an employee is suffered or
permitted to work.
Rest periods of short duration during working hours shall be
counted as hours worked. (Art 84)
Principle in Determining Hours Worked:
1. All hours are hours worked which the employee is required to
give to his employer, regardless of whether or not such hours
are spent in productive labor or involve physical or mental
exertion;
2. An employee need not leave the premises of the workplace in
order that his rest period shall not be counted, it being enough
that he stops working, may rest completely and may leave his
workplace, to go elsewhere, within or outside the premises of
his workplace;
3. If the work performed was necessary, or it benefited the
employer, or the employee could not abandon his work at the
end of his normal working hours because he had no
replacement, all time spent for such work shall be considered
as hours worked, if the work was with the knowledge of his
employer and immediate supervisor;
4. The time during which an employee is inactive by reason of
interruptions in his work beyond his control shall be
considered time either if the imminence of the resumption of
work requires the employees presence at the place of work or if
the interval is too brief to be utilized effectively and gainfully in
the employees interest.
Waiting Time: Engaged to Wait or Waiting to be Engaged
Page 204, Art 84
-if made for the interest of employer, then compensable
Working while eating
The employee must be completely relieved from duty for the purpose of
eating regular meals. The employee is not relieved if he is required to
perform his duties, whether active or inactive, while eating. For example,
an office employee who is required to eat at his machine is working while
eating. (Pan American World Airways System v. Pan American
Employees Association)
Working while sleeping
A worker sleeping may be working. This largely depends on the
agreement of the parties. If there is no agreement then it will depend on
the nature of the work. Sleeping time is considered as working time if the
work takes place under conditions substantially less desirable than
would be likely to exist at employees home. (Skidmore v. Swift and Co.)
On call
An employee who is required to remain on call on the employers
premises or so close thereto that he cannot use the time effectively as his
own purposes is working while on call. An employee who is not
required to remain on the employers premises but is merely required to
leave word at his home or with company officials where he may be
reached is not working while on call.(Dept. of Labor Manual)
With cellular phone or other contact device
If an employee is kept within reach thru a mobile phone or other contact
device, is the employee at work beyond his regular work hours? No. This
is notwithstanding the fact that they are required to remain within a
certain geographical area. (Allen v. US).
Travel time
1. Travel from home to work An employee who travels from
home before his regular workday and returns to his home at the
end of the day is engaged in ordinary home to work travel
which is a normal incident of employment. This is true whether
he works at a fixed location or at different jobsites.(It is not
worktime)
2. Travel that is all in a days work Time spent by an employee
in travel as part of his principal activity, such as travel from
jobsite to jobsite during the workday, must be counted as hours
worked.
3. Travel away from home Travel that keeps an employee away
from home overnight is travel away from home. Travel away
from home is clearly worktime when it cuts across employees
workday.
Lectures, Meetings, and Training Programs
Attendance at lectures, meetings, training programs, and similar
activities need not be counted as working time if the following criteria
are met:
1. Attendance is outside of the employers regular working hours
2. Attendance is in fact voluntary
3. The employee does not perform any productive activity during
such attendance
Grievance Meeting
Time spent in adjusting grievance between employer and employees
during the time the employees are required by the employer to be on the
premises is hours worked.
Semestral Break
Regular full-time monthly paid teachers in a private school are entitled
to salary and emergency cost of living allowance during semestral
breaks. NOTE: Not part-time teachers.
Workhours of Seamen
The rule is that a laborer need not leave the premises of the factory, shop
or boat in order that his period of rest shall not be counted, it being
enough that he ceases to work, may rest completely and leave or may
leave at his will the spot where he actually stays while working, to go
somewhere else, whether within or outside the premises of said factory,
shop or boat.
What is the Rule on working hours of children?
a. If child is below 15 years old work must not be more than 4
hours at any given day and must not be more than 20 hours a
week
b. If child is 15 years of age work must not be more than 8
hours at any given day and must not be more than 40 hours a
week
 c. If the child is below 15yo he is not allowed to work between
8PM to 6AM. If the child is 15yo he is not allowed to work
between 10PM to 6AM.
ARTICLE 85. Meal periods. - Subject to such regulations as the
Secretary of Labor may prescribe, it shall be the duty of every
employer to give his employees not less than sixty (60) minutes
time-off for their regular meals.
Where the lunch period is spent predominantly for the employers benefit,
and cannot be utilized in the employees own interest, such time
constitutes work time.
Meal time of less than 60 minutes
The implementing rules allow the mealtime to be less than 60 minutes,
under specified cases and in no case shorter than 20 minutes.
The situations where the meal break may be shortened to less than
60minutes, with full pay, are the following:
1. Where the work is non-manual or does not involve serious
physical exertion.
2. Where the establishment regularly operates not less than 16
hours a day.
3. Where there is an actual or impending emergency or there is
urgent work to be performed on machineries, equipment or
installation to avoid serious loss which the employer would
otherwise suffer.
4. Where the work is necessary to prevent the serious loss of
perishable goods.
Shortened meal breaks upon employees request
The employees themselves may request that their meal period be
shortened so that they can leave work earlier than the previous
established schedule. The DOLE, in allowing such arrangement, imposes
however, certain conditions, namely:
1. The employees voluntarily agree in writing to a shortened meal
period of 30 minutes and are willing to waive the overtime pay
for such shortened meal period.
2. There will be no diminution whatsoever in the salary and other
fringe benefits of the employees existing before the effectivity of
the shortened meal period.
3. The work of the employees does not involved strenuous
physical exertion and they are provided with adequate coffee
breaks in the morning and afternoon.
4. The value of the benefits derived by the employees from the
proposed work arrangement is equal to or commensurate with
the compensation due them for the shortened meal period as
well as the overtime pay for 30 minutes as determined by the
employees concerned.
5. The overtime pay of the employees will become due and
demandable if ever they are permitted or made to work beyond
4:30PM.
6. The effectivity of the proposed working time arrangement shall
be of temporary duration as determined by the Secretary of
Labor and Employment.
ARTICLE 86. Night shift differential. - Every employee shall
be paid a night shift differential of not less than ten percent (10%)
of his regular wage for each hour of work performed between ten
oclock in the evening and six oclock in the morning.
The burden of proving that payment of such benefit has been made rests
upon the party who will suffer if no evidence at all is presented by either
party.
ARTICLE 87. Overtime work. - Work may be performed
beyond eight (8) hours a day provided that the employee is paid
for the overtime work, an additional compensation equivalent to
his regular wage plus at least twenty-five percent (25%) thereof.
Work performed beyond eight hours on a holiday or rest day shall
be paid an additional compensation equivalent to the rate of the
first eight hours on a holiday or rest day plus at least thirty percent
(30%) thereof.
What is overtime pay?
It is an additional compensation for work rendered in excess of
eight hours a day by employees in employment covered by the
Eight hour Labor Law and not exempt from its requirement.
How much is the required compensation for overtime work
during:
1. Regular day regular wage + 25% thereof
2. Holiday or rest day rate on 1st 8 hours + 30% thereof
When the tour of duty of a laborer falls at night time (between 10PM-
6AM), the receipt of overtime pay will not preclude the right to night
differential pay. The latter is payment for work done during the night
while the other is payment for the excess of the regular eight hour work.
The minimum normal hours fixed by the Act need not be continuous to
constitute as the legal working day of eight hours as long as the eight
hours is within the workday. For example, an employee may be required
to work four hours in the morning and four hours in the evening of the
same work day to complete an eight hour working period.
Work in excess of eight hours within a work day is considered as
overtime regardless of whether this is performed in workshift other than
that which the employee regularly works. For example, a situation may
happen in an establishment which operates 24 hours a day when a
worker takes a shift of another who is absent. For instance, a worker
whose regular tour of duty is from 10PM to 6PM the following day is
asked to take the place of another whose working hours are from 2PM to
10PM, the second shift in the establishment. The work performed by the
substituting worker during the second shift is overtime work if this is
rendered after completing his regular tour of duty since the second shift
is still within his workday from 10PM to 10PM.
Is an express instruction from the employer required for the
employee to be entitled to overtime pay?
No, an express instruction from the employer to the employee to
render overtime work is not required for the employee to be
entitled to overtime pay, it is sufficient that the employee is
permitted or suffered to work. Neither is an express approval by a
superior a prerequisite to make overtime work compensable.
A verbal instruction to render overtime work prevails over a
memorandum prohibiting such work.
Is the claim for overtime pay on Sundays or Holidays justified
even without a written authority?
No, a claim for overtime pay is not justified in the absence of a
written authority to render overtime after office hours during
Sundays and Holidays.
Neither is overtime pay justified for days where no work was required
and no work could be done by employees on account of shutdown due to
electrical power interruptions, machine repair and lack of raw materials.
May estoppel or laches be invoked against the claim for
overtime pay?
No, the principles of estoppel and laches cannot be invoked
against employees or laborers in an action for the recovery of
compensation for past overtime work because it is contrary to the
spirit of the Eight-Hour Labor Law, under which the employees
cannot waive the right to extra compensation.
May the right to overtime pay be waived?
No, the right to overtime pay cannot be waived. Any stipulation in
the contract that the laborer shall work beyond the regular eight
hours without additional compensation for the extra hours is
contrary to law and is null and void. However, when the alleged
waiver of overtime pay is in consideration of benefits and
privileges which may be more than what will accrue to them in
overtime pay, the waiver may be permitted.
Compressed Work Week
Under this scheme the number of workdays is reduced but the number of
work hours in a day is increased to more than eight, but no overtime pay
may be claimed. Thus, a CWW scheme is an alternative arrangement
whereby the normal workweek is reduced to less than six days but the
total number of work hours per week shall remain at 48 hours.
Condition for compressed Work Week:
1. Expressly supported by majority of employees
2. No diminuition of salary
3. Approved by DOLE
Flexible Work Arrangements
(Better alternative than outright termination)
1. Reduction of workdays
2. Rotation of workers
3. Forced leave
4. Broken-time schedule
5. Flexi-holiday schedule
ARTICLE 88. Undertime not offset by overtime. - Undertime
work on any particular day shall not be offset by overtime work
on any other day. Permission given to the employee to go on leave
on some other day of the week shall not exempt the employer
from paying the additional compensation required in this Chapter.
The proper method should be to deduct the undertime hours from the
accrued leave and to pay the employee the overtime compensation which
he is entitled. Where the employee has exhausted his leave credits, his
undertime hours may simply be deducted from his days wage, but he
should still be paid his overtime compensation for work in excess of eight
hours a day.
ARTICLE 89. Emergency overtime work. - Any employee may
be required by the employer to perform overtime work in any of
the following cases:
(a) When the country is at war or when any other national or local
emergency has been declared by the National Assembly or the
Chief Executive;
(b) When it is necessary to prevent loss of life or property or in
case of imminent danger to public safety due to an actual or
impending emergency in the locality caused by serious accidents,
fire, flood, typhoon, earthquake, epidemic, or other disaster or
calamity;
(c) When there is urgent work to be performed on machines,
installations, or equipment, in order to avoid serious loss or
damage to the employer or some other cause of similar nature;
(d) When the work is necessary to prevent loss or damage to
perishable goods; and
(e) Where the completion or continuation of the work started
before the eighth hour is necessary to prevent serious obstruction
or prejudice to the business or operations of the employer.
Any employee required to render overtime work under this Article
shall be paid the additional compensation required in this Chapter.
When may overtime work be required?
Overtime work may be required when there is:
1. National or local emergency
2. Necessity to prevent loss of life due to an actual or
impending emergency (same)
3. An urgent work to be performed on machines (same)
4. Work is necessary to prevent loss of perishable goods
(same)
5. Necessity of continuation of work to prevent obstruction
to operations (business)
Aside from the mentioned instances, the IRR of the Code authorizes
compulsory overtime work when it is necessary to avail of favorable
weather or environmental conditions where performance or quality of
work is dependent thereon.
ARTICLE 90. Computation of additional compensation. - For
purposes of computing overtime and other additional
remuneration as required by this Chapter, the regular wage of
an employee shall include the cash wage only, without deduction
on account of facilities provided by the employer.
ARTICLE 91. Right to weekly rest day. - (a) It shall be the duty
of every employer, whether operating for profit or not, to provide
each of his employees a rest period of not less than twenty-four
(24) consecutive hours after every six (6) consecutive normal
work days.
(b) The employer shall determine and schedule the weekly rest
day of his employees subject to collective bargaining agreement
and to such rules and regulations as the Secretary of Labor and
Employment may provide. However, the employer shall respect
the preference of employees as to their weekly rest day when such
preference is based on religious grounds.
ARTICLE 92. When employer may require work on a rest
day. - The employer may require his employees to work on any
day:
(a) In case of actual or impending emergencies caused by serious
accident, fire, flood, typhoon, earthquake, epidemic or other
disaster or calamity to prevent loss of life and property, or
imminent danger to public safety;
(b) In cases of urgent work to be performed on the machinery,
equipment, or installation, to avoid serious loss which the
employer would otherwise suffer;
(c) In the event of abnormal pressure of work due to special
circumstances, where the employer cannot ordinarily be expected
to resort to other measures;
(d) To prevent loss or damage to perishable goods;
(e) Where the nature of the work requires continuous operations
and the stoppage of work may result in irreparable injury or loss
to the employer; and
(f) Under other circumstances analogous or similar to the
foregoing as determined by the Secretary of Labor and
Employment.
When may work be required on a rest day?
Work may be required on a rest day when there is:
1. An actual or impending emergency (same)
2. An urgent work to be performed on the machinery
(same)
3. An abnormal pressure of work
4. A necessity to prevent loss of perishable goods (same)
 5. A necessity for continuous operations due to the nature Those retail and service establishment regularly employing less
of the work than ten (10) workers are exempted from the said mandate.
6. Other circumstances analogous
What is the general rule on compensation on a regular
ARTICLE 93. Compensation for rest day, Sunday or holiday holiday?
work. - (a) Where an employee is made or permitted to work on
his scheduled rest day, he shall be paid an additional 1. If unworked 100% of wage
compensation of at least thirty percent (30%) of his regular wage. 2. If worked 200% of wage
An employee shall be entitled to such additional compensation for 3. If worked with overtime 1st 8 hours + 30% of hourly
work performed on Sunday only when it is his established rest rate on said day
day.
(b) When the nature of the work of the employee is such that he
has no regular workdays and no regular rest days can be What is the condition for the employee to be entitled to 100%
scheduled, he shall be paid an additional compensation of at least pay during the regular holiday?
thirty percent (30%) of his regular wage for work performed on
Sundays and holidays. The employee must have worked a day before such regular
(c) Work performed on any special holiday shall be paid an holiday. If such employee is on leave with pay a day before such
additional compensation of at least thirty percent (30%) of the regular holiday then he shall also be entitled to such 100% pay on
regular wage of the employee. Where such holiday work falls on the regular holiday.
the employees scheduled rest day, he shall be entitled to an
additional compensation of at least fifty per cent (50%) of his What must be the compensation if the regular holiday falls on
regular wage. a rest day?
(d) Where the collective bargaining agreement or other applicable
employment contract stipulates the payment of a higher premium 1. If unworked 100% of wage
pay than that prescribed under this Article, the employer shall pay 2. If worked 200% of wage + 30% thereof
such higher rate. 3. If worked with overtime - 1st 8 hours + 30% of hourly
rate on said day
What is the required compensation when an employee is
required to work on: What are the regular holidays under EO 292, as amended?
1. Scheduled rest day - +30% of regular wage
2. Sunday or Holiday (if there is no established rest day) New Years Day Jan 1
- +30% of regular wage Maundy Thursday Movable
3. Special Holiday - +30% of regular wage Good Friday Movable
4. (Special) Holiday on a rest day - +50% of regular wage Araw ng Kagitingan April 9
Labor Day May 1
When may a higher pay be required for work on a Sunday, Independence Day June 12
Holiday, or Rest day? National Heroes Day Last Sunday of August
Bonifacio Day Nov 30
Where the collective bargaining agreement or other applicable Eidul Fitr Movable
employment contract stipulates the payment of a higher premium Christmas Day Dec 25
pay than that prescribed under this Article, the employer shall pay Rizal Day Dec 30
such higher rate.
Is an employee entitled to ECOLA on a regular holiday?
What are the Special Holidays under EO 203, as amended?
All Saints Day Nov 1
ARTICLE 94. Right to holiday pay. - (a) Every worker shall be
Last day of the year Dec 31
paid his regular daily wage during regular holidays, except in
Ninoy Aquino Day Aug 21
retail and service establishments regularly employing less than ten
Day before Christmas Dec 24
(10) workers;
EDSA Revolution Feb 25
(b) The employer may require an employee to work on any
Yes, an employee is entitled to ECOLA if he is paid his basic pay
holiday but such employee shall be paid a compensation
during regular holiday, regardless of whether or not work is
equivalent to twice his regular rate; and
performed.
(c) As used in this Article, holiday includes: New Years Day,
Maundy Thursday, Good Friday, the ninth of April, the first of
Double Holiday Pay Rule (300% pay), page 253 Successive
May, the twelfth of June, the fourth of July, the thirtieth of
Regular Holidays, page 254
November, the twenty-fifth and thirtieth of December and the day
designated by law for holding a general election.
ARTICLE 95. Right to service incentive leave. - (a) Every
employee who has rendered at least one year of service shall be
What is a worker entitled to receive during regular holidays?
entitled to a yearly service incentive leave of five days with pay.
(b) This provision shall not apply to those who are already
Every worker shall be paid his regular daily wage during regular
enjoying the benefit herein provided, those enjoying vacation
holidays.
leave with pay of at least five days and those employed in
establishments regularly employing less than ten employees or in
Is there an exception to this mandate? Who?
establishments exempted from granting this benefit by the
Secretary of Labor and Employment after considering the
viability or financial condition of such establishment.
(c) The grant of benefit in excess of that provided herein shall not
be made a subject of arbitration or any court or administrative
action.

Who are entitled to the 5 day incentive leave with pay?

Every employee who has rendered at least one year of service

shall be entitled to a yearly service incentive leave of five days
with pay.

To whom does the right to incentive leave do not apply?

This provision shall not apply to those who are:

1. Already enjoying the benefit
2. Enjoying vacation leave with pay of at least five days
3. Employed in establishments regularly employing less
than ten employees or in establishments exempted from
granting this benefit by the Secretary of Labor and
Employment
NOTE: Addition to this is piece rate employees

Leaves enjoyed by workers:

1. Service incentive leave (mandatory)
2. Sick leave (voluntary)
3. Paternity and maternity leave
Conditions for paternity leave:
a. He is an employee at the time of delivery
b. Cohabiting with spouse
c. Applied in accord with Sec 4 (apply within
reasonable period of time)
d. Wife has given birth or suffered miscarriage

NOTE: Applicable only to first four deliveries with

legitimate spouse. Cant be availed of again with the
children of the 2nd legitimate spouse.

Conditions under maternity leave:

a. (search SSS law)

4. Parental (Solo parent) leave

5. Battered woman leave

ARTICLE 96. Service charges. - All service charges collected

by hotels, restaurants and similar establishments shall be
distributed at the rate of eighty-five percent (85%) for all 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.

Tips are handled similarly as service charges.