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SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
PRELIMINARY TITLE
CHAPTER I

EMPLOYEE - one who works for an employer; a person working


for salary or wages

GENERAL PROVISIONS

ART 4. CONSTRUCTION IN FAVOR OF LABOR

ART 1. NAME OF DECREE

CONSTRUCTION IN FAVOR OF LABOR CLAUSE -this is with


a view to apply the Code to the greater number of employees to
enable them to avail of the benefits under the law (Abella vs.
NLRC). The working mans welfare should be the primordial
consideration.

LABOR LEGISLATION - Consists of statutes, regulations and


jurisprudence governing the relations between capital and labor, by
providing for certain standards of terms and conditions of
employment or providing a legal framework within which these
terms and conditions and the employment relationship may be
negotiated, adjusted and administered. It is divided into labor
standards and labor relations.

LABOR STANDARDS - Are the minimum requirements


prescribed by existing laws, rules and regulations relating to
wages, hours of work, cost-of-living allowance, and other
monetary and welfare benefits, including occupational
safety, and health standards.
LABOR RELATIONS LAW - defines the status, rights, and
duties and the institutional mechanisms that govern the individual
and collective interactions of employers, employees or their
representatives.
- The law which seeks to stabilize the
relation between employer and employee, to forestall and thresh
out their differences through the encouragement of collective
bargaining and the settlement of labor disputes through
conciliation, mediation, and arbitration.
ART. 2. DATE OF EFFECTIVITY
The Labor Code took effect on November 1, 1974 (six months
after its promulgation on May 1,1974)

This rule is applicable if there is a doubt as to the meaning


of the legal or contractual provision. If the provision is clear
and unambiguous, it must be applied in accordance with its
express terms.

These laws should be interpreted with a view to the fact


that they are remedial in nature, they are enacted to better
the lot and promote the welfare of the members of the
laboring class.
-

Reservation of essential attributes of sovereign


power is read into contracts as a postulate of the legal
order.

Courts adopt a liberal approach that favors the


exercise of labor rights. The mandate under Art. 4 is
simply to resolve doubt, if any, in favor of labor. If there
is no doubt in implementing and interpreting the law,
labor will enjoy no built-in advantage and the law will
have to be applied as it is.

MANAGEMENT RIGHTS: (CPST)


C
P
S
T

Right to conduct business


Right to prescribe rules
Right to select employees
Right to transfer or discharge employees

SEVEN (7) BASIC RIGHTS OF WORKERS AS GUARANTEED


BY THE CONSTITUTION (OCESHLP):

MANAGEMENT PREROGATIVE

1. Right to Organize
2. Right to Conduct Collective Bargaining
or Negotiation with Management
3. Right to Engage in Peaceful Concerted
Activities including strike in accordance
with law
4. Right to Enjoy Security of Tenure
5.Right to Work Under Humane Conditions
6.Right to Receive a Living Wage

Except as limited by special laws, an employer is free to


regulate, according to his own discretion and judgment, all aspects
of employment, including:
HIRING,
WORK
ASSIGNMENTS,
WORKING
METHODS, TIME PLACE AND MANNER OF WORK, TOOLS TO
BE USED, PROCESSES TO BE FOLLOWED, SUPERVISION OF
WORKERS, WORKING REGULATIONS, TRANSFER OF
EMPLOYEES, WORK SUPERVISION, LAY-OFF OF WORKERS,
AND DISCIPLINE, DISMISSAL AND RECALL OF WORKERS.
(HW5T2PLSD)

7.Right to Participate in Policy &


Decision-Making Processes affecting
their rights and benefits as may be
provided by law

RELATED LAWS:
1.
2.
3.

CIVIL CODE: see Arts. 1700, 1701and 1703


REVISED PENAL CODE: Art. 289
OTHERS: SSS Law, GSIS Law, Agrarian Reform Law, the
13th month pay law, the Magna Carta for Public Health
Workers, etc.

Thus, so long as management prerogatives are exercised in good


faith for the advancement of the employers interest and not for the
purpose of defeating or circumventing the rights of employees
under special law or under valid agreements, it shall be upheld.

ART 5. RULES AND REGULATIONS


- The rules and regulations issued by the DOLE shall become
effective 15 days after announcement of their adoption in
newspapers of general circulation.

RATIONALE :

ART 6. APPLICABILITY

- The raison d etre of labor laws is the POLICE POWER of the


State

AGRICULTURAL OR FARM WORKER - one employed in an


agricultural or farm enterprise and assigned to perform tasks which
are directly related to the agricultural activities of the employer,
such as cultivation and tillage of the soil, dairying, growing and
harvesting of any agricultural and horticultural commodities, the
raising of livestock or poultry, and any activities performed by a
farmer as an incident to or in conjunction with such farming
operations.

ART 3. DECLARATION OF BASIC POLICY


The State shall afford protection to labor, promote full employment,
ensure equal work opportunities regardless of sex, age or creed,
and regulate the relations between workers and employers. The
State shall assure the right of workers to self-organization,
collective bargaining, security of tenure, and just and humane
conditions of work.
EMPLOYER - one who employs the services of others; one for
whom employees work and who pays their wages or salaries.

There may be in one employer both agricultural as well as


industrial workers.

PURPOSE of the provision: intended to encourage workers


to seek employment in agricultural enterprises instead of
migrating to already overcrowded urban areas to find work in
industrial establishments

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!

- The LC applies to all workers, whether agricultural or nonagricultural, including employees in a government corporation
incorporated under the Corporation Code.

FARM EMPLOYER-FARM
WORKER
RELATIONSHIP
- The lease is one of labor
with the agricultural
laborer as the lessor of his
services and the farm
employer as the lessee
- The agricultural worker
works for the farm
employer and for his labor
he receives a salary or
wage, regardless of
whether the employer
makes a profit.

TENANCY RELATIONSHIP

shall be deemed engaged in recruitment and placement. (CECTUCP) (RCPA)


-The number of persons dealt with is not an essential
ingredient of the act of recruitment and placement of workers. The
proviso merely creates the presumption.
ART 16. PRIVATE RECRUITMENT
ENTITIES AUTHORIZED TO RECRUIT

- It is the landowner who is


the lessor and the tenant
the lessee of agricultural
land

1.
2.
3.
4.
5.

- The tenant derives his


income from the
agricultural produce or
harvest

6.
7.

DOCUMENTATION OF WORKERS:
1.

CHAPTER II
EMANCIPATION OF TENANTS
(Note: not included as per SC Memo)

2.
3.

Share tenancy has been abolished placing in its stead


leasehold system.
Under Art. 8, the land covered by operation land transfer
must be private agricultural land, tenanted, primarily
devoted to rice and/or corn, and more than seven
hectares in are.

Present retention limits:


5 hectares per landowner and 3 hectares per child provided
the child is:
1.
2.

Is at least 15 years of age; and


Actually tilling the land or directly managing the farm

EXCEPTIONS:
those covered by homestead patents
those covered by PD 27

EMANCIPATION PATENT - is the title issued to the tenant upon


compliance with all the requirements of the government. It
represents the full emancipation pf the tenant from the bondage of
the soil.
PROHIBITION AGAINST ALIENATION IS INTENDED TO:
1.
2.
3.

Contract Processing workers hired thru the POEA shall be


issued the individual employment contract and such other
documents as may be necessary for travel
Passport Documentation
Visa Arrangement

ART 17. (POEA)

ART 7-11
-

Public employment offices


Private recruitment entities; private employment agencies
Shipping or manning agents or representatives
The POEA
Construction contractors if authorized by the DOLE and the
Construction Industry Authority
Members of the diplomatic corps (but hirings must also go
thru POEA)
Other persons or entities as may be authorized by the DOLE
secretary

Preserve the landholding in the hands of the owner-tiller and


his heirs;
minimize land speculation; and
prevent a return to the regime of land ownership by a few.

BOOK ONE
PRE-EMPLOYMENT
TITLE I
RECRUITMENT AND PLACEMENT OF
WORKERS
CHAPTER I
GENERAL PROVISIONS
ART 13. DEFINITIONS

ADJUDICATORY FUNCTIONS OF THE POEA :


a.
All cases which are administrative in character, involving or
arising out of violations of rules and regulations relating to
licensing and registration of recruitment and employment
agencies or entities; and
b.
Disciplinary action cases and other special cases which are
administrative in character, involving employers, principals,
contracting partners and Filipino Migrant Workers
JURISDICTION TRANSFERRED TO THE LABOR ARBITERS
OF THE NLRC :
a.
claims arising out of an employer-employee relationship or by
virtue of any law or contract involving Filipino workers for
overseas deployment including claims for actual, moral,
exemplary and other forms of damages.
Venue Money claims or claims for damages should be filed
before the Regional Arbitration branch of the NLRC where the
complainant resides or where the principal office of the
respondent/employer is situated, at the option of the complainant.
Compromise Agreement - Consistent with the policy
encouraging amicable settlement of labor disputes, Sec 10, RA
8042 allows resolution by compromise of cases filed with the
NLRC.
PREMATURE TERMINATION OF CONTRACT - Where the
workers employment contract is terminated long before its agreed
termination date, and the termination is not shown to be based on
lawful or valid grounds, the employer will be ordered to pay the
workers their salaries corresponding to the unexpired portion of
their employment contract. (Tierra Intl Construction Corp. vs.
NLRC).
HOWEVER, under R.A. 8042, if the illegal dismissal took
place on or after July 15, 1995, the illegally dismissed overseas
worker shall be entitled to the full reimbursement of his
placement fee with interest at the rate of 12% per annum plus
salary for the unexpired portion of his employment contract or
for 3 mos. for every year of the unexpired term whichever is
LESS.
-

WORKER -any member of the labor force, whether employed or


unemployed
RECRUITMENT AND PLACEMENT - 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

POEA has taken over the functions of the OEDB

Claims for death and burial benefits involving seamen


OCWs which the POEA has jurisdiction are not the same
as the claims against the State Insurance Fund of the LC.

- The basis for the award of backwages is the parties employment


contract, stipulating the wages and benefits.
-

The fact that the employee has signed a satisfaction


receipt does not result in waiver; the law does not
consider as

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 2 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!

valid any agreement to receive less compensation than what


the worker is entitled to recover.
(MR Yard Crew Union vs. PNR)

1.
2.
3.

ART 18. BAN ON DIRECT-HIRING


Direct hiring of Filipino workers by a foreign employer is
not allowed.

4.
5.

EXCEPTIONS :
1.

the members of the diplomatic corps;

2.

international organizations;

3.

such other employers as may be allowed by the Department


of Labor and employment

4.

name hirees individual workers who are able to secure


contracts for overseas employment on their own efforts and
representations without the assistance or participation or any
agency

6.

RATIONALE OF THE PROHIBITION


Filipino workers hired directly by a foreign employer,
without government intervention may not be assured of
the best possible terms and conditions of work. The
foreign employer must also be protected and may chance
upon a Filipino worker who do not possess sufficient
knowledge for which he is employed.
MINIMUM EMPLOYMENT CONDITIONS OF OVERSEAS
EMPLOYMENT:
1.

2.
3.
4.
5.
6.
7.
8.

Guaranteed wages for regular working hours and overtime


pay for services rendered beyond regular working hours in
accordance with the standards established by the
Administration
Free Transportation from point of hire to site of employment
and return;
Free emergency medical and dental treatment and facilities;
Just causes for termination of the contract or of the services
of the workers;
Workmens compensation benefits and war hazard
protection;
Repatriation of workers remains and properties in case of
death to the point of hire, or if this is not possible the possible
disposition thereof
Assistance on remittance of workers salaries, allowances or
allotments to his beneficiaries; and
Free and adequate board and lodging facilities or
compensatory food allowance at prevailing cost of living
standards at the jobsite.

ART 22.
MANDATORY REMITTANCE OF FOREIGN
EXCHANGE EARNINGS
MANDATORY REMITTANCE REQUIREMENTS:
1.
Seamen or mariners: 80% of the basic salary;
2.
Workers for Filipino Contractors and Construction
Companies: 70% of the basic salary;
3.
Doctors, engineers, teachers, nurses, and other professionals
whose employment contract provide for lodging facilities:
same as #2
4.
All other professionals without board and lodging: 50% of the
basic salary;
5.
Domestic and other service of workers; 50% of the basic
salary.

CHAPTER II
REGULATIONS OF RECRUITMENT AND PLACEMENT
ACTIVITIES
ART 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, nor may such license or authority be transferred,
conveyed or assigned to any other person or entity.

Licensees or holders of authority or their duly authorized


representatives may as a rule, undertake recruitment and
placement activities only at their authorized official
addresses.

Change of ownership or relationship of single


proprietorship licensed to engage in overseas employment
shall cause the automatic revocation of the license.

All overseas landbased workers shall be provided both life


and personal accident insurance.

GROUNDS FOR DISCIPLINARY ACTION (Under the MWA of


1995) ;
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

Commission of a felony punishable by the laws of the


Philippines or by the host country;
Drug addiction or possession or trafficking of prohibited
drugs;
Desertion or abandonment;
Drunkenness, especially where the laws of the of the host
country prohibit the same;
Gambling, especially where the laws of the host country
prohibit the same;
Initiating or joining a strike or work stoppage where the laws
of the host country prohibit strikes or similar actions;
Creating trouble at the worksite or in the vessel;
Embezzlement of company funds or of money an properties
of a fellow worker entrusted for delivery to kins or relatives in
the Philippines;
Theft or robbery;
Prostitution;
Vandalism or destroying company property;
Gunrunning or possession of deadly weapons;
Unjust refusal to depart for the worksite after all employment
and travel documents have been duly approved by the
appropriate government agency; and
Violation of the laws and sacred practices of the host country
and unjustified breach of government approved employment
contract by a worker.

ART 31. BONDS

ART 25. PRIVATE SECTOR PARTICIPATION IN THE


RECRUITMENT AND PLACEMENT OF WORKERS

QUALIFICATIONS FOR PARTICIPATION IN THE OVERSEAS


EMPLOYMENT PROGRAM:
1.
Filipino citizens, partnerships or corporations at least 75% of
the authorized and voting capital stock of which is owned and
controlled by Filipino citizens;
2.
Minimum capitalization of 1M in case of single proprietorship
or partnership and a minimum of 1M paid-up capital for
corporations;
3.
Those not otherwise disqualified by law or these guidelines to
engage in the recruitment and placement of workers for
overseas employment
DISQUALIFICATIONS:

Travel agencies and sales agencies of airline companies;


Officers or members of the board of any corporation or
members in a partnership engaged in the business of a travel
agency;
Corporations and partnerships, when any of its officers,
members of the board or partners, is also an officer, member
of the board or partner of a corporation engaged in the
business of a travel agency.
Persons, partnerships, or corporations which have derogatory
records;
Persons employed in the Department of Labor or in other
government agencies directly involved in overseas
employment program and their relatives within the 4 th degree
of consanguinity or affinity; or
Those whose license has been previously canceled or
revoked.

Cash bond filed by applicants for license or authority is


not subject to garnishment by judgment creditor of agency

ART 32. FEES TO BE PAID BY WORKERS


Suspension or cancellation of licenses may include award
of damages to repair the injury caused to its victims.

ART 34. PROHIBITED PRACTICES


A supplementary contract beneficial to worker not
violative of protection afforded by the State to workers.
ART 35. SUSPENSION AND/OR CANCELLATION OF
LICENSE OR AUTHORITY

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 3 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
NON-LICENSEE OR NON-HOLDER OF AUTHORITY - any
person, corporation or entity which has not been issued a valid
license or authority to engage in recruitment and placement by the
Secretary of Labor, or whose license or authority has been
suspended, revoked, or cancelled by the POEA and the Secretary.

representatives appointed by a licensee, whose appointments


were not previously authorized by the POEA shall likewise
constitute illegal recruitment.
-

CHAPTER III
MISCELLANEOUS PROVISIONS
ART 38. ILLEGAL RECRUITMENT (as per RA 8042 otherwise
known as the Migrant Workers Act of 1995)

ART. 38 ( c ) declared unconstitutional since only a judge may


issue search warrant/ warrant of arrest. The Sec. Of Labor may
only recommend not issue. However, Closure of establishments of
illegal recruiters may still be ordered by Secretary of Labor, same
being essentially administrative and regulatory in nature.(Salazar
vs. Achacoso and Marquez)

PRESCRIPTIVE PERIOD
ILLEGAL RECRUITMENT - Any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring
workers and includes referring contract services, promising
or advertising for employment abroad, whether for profit or
not when undertaken by a non-licensee or non-holder of
authority.

Illegal Recruitment cases under RA 8042 shall prescribe in five (5)


years Provided, however, That illegal recruitment cases involving
economic sabotage shall prescribe in twenty (20) years.

TITLE II
EMPLOYMENT OF NON-RESIDENT ALIENS

PROVIDED that any such non-licensee or non-holder of authority


who in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so
engaged. It shall likewise include the commission of
prohibited acts whether committed by a non-licensee or nonholder of authority or a licensee or holder of authority.

ART 40. EMPLOYMENT PERMIT OF NON-RESIDENT ALIENS


-Foreigners or domestic and foreign employers desiring to employ
aliens must secure employment permit from the DOLE upon
determination of the non-availability of a person in the Philippines
who is competent, able and willing at the time of the application to
perform the services for which the alien is desired.

PROHIBITED PRACTICES: (CFGIIEOFSBWF)

to charge or accept amount beyond amount allowed by


law

to furnish or publish false notice or information in


relation to Recruitment and Placement
to give any false notice and information or commit any
act of misrepresentation to secure license or authority
Induce or attempt to induce workers to quit employment
to offer him another except if the transfer is to liberate a
worker from oppressive terms and conditions of
employment (NOTE: it is not necessary that worker was
actually induced or did quit employment)
to influence or attempt to influence any person or entity
not to employ any worker who has not applied for
employment in his agency
to engage in the recruitment or placement of workers in
jobs harmful to public health or morality or to the dignity
of the Phil.
Obstruct or attempt to obstruct inspection by Secretary
Fail to file reports
Substitute or alter employment contracts
Become officer or Board member of corporation
engaged in travel agency
Withhold or deny travel documents before the departure
for monetary or financial consideration other than those
authorized by the Code.
Failure to actually deploy without valid reason as
determined by the DOLE
Failure to reimburse expenses incurred by the worker in
connection with his documentation and processing for
purposes of deployment, in cases where the
deployment does not actually take place without the
workers fault

G
I

I
E
O
F
S
B
W
F
F

THE QUALIFYING CIRCUMSTANCES THAT WOULD MAKE


ILLEGAL RECRUITMENT AS A CRIME INVOLVING
ECONOMIC SABOTAGE ARE :

Foreigners may not be employed in certain nationalized


business.

- a non-resident alien worker and the employer shall bind


themselves to train at least 2 Filipino understudies.
PROHIBITION AGAINST EMPLOYMENT OF ALIENS
Section 2-A of the Anti-Dummy Law prohibits the employment of
aliens in establishment or entities which have under their name or
control a right, franchise, privilege, property or business the
exercise or enjoyment of which property or business the exercise
or enjoyment of which is expressly reserved by the Constitution or
the laws to citizens of the Philippines or to corporations or
associations at least 60% of the capital of which is owned by such
citizens.
EXCEPTIONS TO THE PROHIBITION:
a.
b.

where the Secretary of Justice specifically authorizes the


employment of technical personnel; or
where the aliens are elected members of the board of
directors or governing body of corporations or association in
proportion to their allowable participation in the capital of
such entities.
BOOK TWO
HUMAN RESOURCES DEVELOPMENT
TITLE I
NATIONAL MANPOWER DEVELOPMENT PROGRAM

CHAPTER I
NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR
THEIR IMPLELENTATION
ART 45. DEFINITIONS

(a)

When committed by a SYNDICATE i.e., if it is carried


out by a group of three (3) or more persons conspiring
and confederating with one another; or

(b)

When committed in a LARGE SCALE i.e., if it is


committed against three (3) or more persons

VENUE OF ACTIONS ON ILLEGAL RECRUITMENT:


1.
RTC of the province or city where the offense was committed;
or
2.
where the offended party resides at the time of the
commission of the offense
at the option of the complainant
-

These circumstances only qualify. They do not define the


offense themselves

Recruitment and placement activities

MANPOWER - that portion of the nations population which has


actual or potential capability to contribute directly to the production
of goods and services.
ENTREPRENEURSHIP - training for self-employment or
assisting individual or small industries within the purview of this the
LC.
TITLE II
TRAINING AND EMPLOYMENT OF SPECIAL WORKERS
CHAPTER I
APPRENTICES
Types of Special Workers:
1. Apprentice
2. Learners
3. Handicapped

of agents or

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 4 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
ART 58. DEFINITION OF TERMS
LEARNERSHIP
APPRENTICESHIP - practical training on the job supplemented
by related theoretical instruction
APPRENTICE - worker who is covered by a written
apprenticeship agreement with an individual employer or any of the
entities recognized under this chapter

APPRENTICESHIP
1. Practical training on the job
supplemented by related
theoretical instruction.

APPRENTICEABLE OCCUPATION - any trade, form of


employment or occupation which requires more than 3 months of
practical training on the job supplemented by related theoretical
instruction
APPRENTICESHIP AGREEMENT - an employment contract
wherein the employer binds himself to train the apprentice and the
apprentice in turn accepts the terms of training

2. Practical training on the


job not to exceed 3 mos.

ON-THE-JOB TRAINING the practical work experience


through actual participation in productive activities given to or
acquired by an apprentice

2. Not less than 3 months


practical training on the
job but not more than 6
months

HIGHLY TECHNICAL INDUSTRIES trade, business,


enterprise, industry or other activity, which is engaged in the
application of advanced technology

3. No Commitment to hire

3. With Commitment to
employ the learner as
regular employee if he
desires upon completion
of learnership

4. In case of pretermination
of the apprenticeship
agreement, the worker is
not considered as a
regular employee

4. Learner is considered as a
regular employee in case
of pretermination of
contract after 2 mos. of
training and the dismissal
is without fault of learner

5. Highly technical industries


and only in industrial
occupation

5. Semi-skilled / industrial
occupations

ART 59. QUALIFICATIONS OF APPRENTICES


Qualifications of an Apprentice
1.

2.
3.

at least 15 years of age; provided those who are at least 15


years of age but less than eighteen may be eligible for
apprenticeship only in non-hazardous occupations and the
apprenticeship agreement shall be signed in his behalf by the
parent or guardian or authorized representative of DOLE.
vocational aptitude/ capacity for appropriate test
ability to comprehend and follow oral and written instructions

ART 60. EMPLOYMENT OF APPRENTICES


Only employers in highly technical industries may hire
apprentices and only in apprenticeable occupations as
determined by the Sec. Of Labor
Requisites for a VALID APPRENTICESHIP
1. QUALIFICATIONS OF THE APPRENTICE
2. APPRENTICESHIP AGREEMENT DULY EXECUTED AND
SIGNED PROVIDING FOR COMPENSATION NOT LESS THAN
75% OF THE APPLICABLE MINIMUM WAGE, EXCEPT ON-THEJOB TRAINING (OJT)
3.APPRENTICESHIP PROGRAM DULY
APPROVED BY
DOLE
4. PERIOD OF APPRENTICESHIP SHALL NOT EXCEED 6
MONTHS.
ART 71. DEDUCTIBILITY OF TRAINING COSTS
Requisites for tax deductions in case employers have
apprenticeship programs:
1.
2.
3.

1. Hiring of persons as
trainees in semi-skilled
and other industrial
occupations which are
non-apprenticeable and
which may be learned
thru practical training on
the job in a relatively
short period of time.

CHAPTER III
HANDICAPPED WORKERS
ART 78. DEFINITION
HANDICAPPED WORKERS - Are those whose earning
capacity is impaired by age or physical or mental deficiency or
injury.
-

Subject to the provisions of the Code, handicapped workers


may be hired as regular workers, 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 were hired.

qualified disabled employee shall be subject to the same


terms and conditions of employment and the same
compensation, privileges, benefits, fringe benefits, incentives
or allowances as a qualified able-bodied person. Even a
handicapped worker can acquire the status of a regular
employee.

Program duly recognized by the Department of Labor


Deduction shall not exceed 10% of direct labor wage
Pay his apprentices the minimum wage

ART 72. APPRENTICES WITHOUT COMPENSATION


Apprentices who may be hired without compensation:
1.those whose training on the job is
required by the school;
2.Training Program Curriculum;
3.Requisite for Graduation; or
4.A requisite for Board Examination

Learners in piecework/ incentive - rate jobs are to be paid in full


for the work done.

Duration of employment - no minimum, no maximum.


Dependent on agreement but is necessary that there is a specific
duration

CHAPTER II
LEARNERS

BOOK THREE
CONDITIONS OF EMPLOYMENT

ART 73. LEARNERS DEFINED

TITLE I

LEARNERS - persons hired as trainees in semi-skilled and


other industrial occupations which are non-apprenticeable and
which may be learned thru practical training on the job in a
relatively short period of time which shall not exceed 3 mos.

WORKING CONDITIONS AND REST PERIODS


CHAPTER I
HOURS OF WORK

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 5 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
ART 82. COVERAGE

hiring, work assignments, working methods, time, place, and


manner of work, tools to be used, processes to be followed,
supervision of workers, working regulations, transfer of employees,
work supervision, lay-off of workers and discipline, dismissal and
recall of workers.

ELEMENTS OF EMPLOYER-EMPLOYEE RELATIONSHIP:


1.

selection and engagement of the


employee
2. the payment of wages
3. the power of dismissal
4.
the employers power to control the
employee (with respect to the means
and methods by which the work is to
be accomplished)
-

The last element as mentioned above is what is known as the


CONTROL TEST - whether the employer controls or has
reserved the right to control the employee not only as to the
result of the work to be done but also as to the means and
methods by which the same is to be accomplished. This last
element is the most important index of the existence of the
relationship.

EMPLOYEE - A natural person who is hired, directly or indirectly,


by a natural or juridical person to perform activities related to
the business of the hirer who, directly or through an agent,
supervises or controls the work performance and pays the
salary or wage of the hire.
Employees Exempt from the Benefits of E-E Relationship
1.
2.
3.
4.

Management prerogative recognizes the right of the


employer to advance its interest to prescribe standards of
work and impose reasonable quotas or work assignments,
and failure on the part of the employees to meet the
requirement, impose in good faith, constitutes a just cause for
his dismissal.

New owner/management group has no obligation to reemploy workers who freely and voluntarily accepted their
separation pay and other benefits. A change of ownership
in a business concern is not proscribed by law.

ART 83. NORMAL HOURS OF WORK


- Shall not exceed 8 hours in a regular working
day
PURPOSE
to safeguard the health and welfare of the laborer and in a
way to minimize unemployment by utilizing different shifts
REGULAR WORKING DAYS: The regular working days of
covered employees shall not be more than five days in a
workweek. The workweek may begin at any hour and on any day,
including Saturday or Sunday, designated by the employer.

Government Employees
Managerial Employees
Field Personnel
Family Members dependent on the
employer for support
5. Domestic Helpers
6. Persons on the Personal Service of another
7. Workers Paid by Result

ART 84. HOURS WORKED

GOVERNMENT EMPLOYEES - Refers only to employees of


government agencies, instrumentalities or political
subdivisions and of government corporations that are not
incorporated under the Corporation Code, meaning those
which have original charters.

PRINCIPLES IN DETERMINING HOURS WORKED:

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 members of the managerial staff

2.

SHALL INCLUDE:
1.
2.

1.

3.

Note: Definition applies only to the 8- hour Labor law


FIELD PERSONNEL - 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.

4.

WORKERS PAID BY RESULTS - Method of computing


compensation based on the work completed and not on the
time spent in working.
PIECE-RATE METHOD - Where pay is dependent on unit of
product finished, preferred where the work process is repetitive
and the out put is standardized and easily countable.
DOMESTIC HELPERS/ PERSONS RENDERING PERSONAL
SERVICES - Perform services in the employers home which are
usually necessary and desirable for the maintenance or enjoyment
thereof, or ministers to the personal comfort, convenience or safety
of the employer, as well as the members of the employers
household.
-

The existence of employment relationship is determined by


law and not by contract.
Whether or not an employer-employee relationship exists
between the parties is a question of fact. The findings of
the NLRC are accorded not only respect but finality if
supported by substantial evidence.

MANAGEMENT PREROGATIVE - except as otherwise limited


by special laws, an employer is free to regulate, according to his
own discretion and judgment, all aspects of employment, including

All time during which an employee is required to be on duty or


to be at a prescribed workplace; and
All time during which an employee is suffered or permitted to
work

All hours are hours worked which the employee is required to


give to his employer, regardless of whether or not such hour
are spent in productive labor or involve physical or mental
exertion;
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 whether within or
outside the premises of his workplace;
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 is with the knowledge of his
employer or immediate supervisor
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 own interest.

- Only the maximum is prescribed, not minimum. Part- time work


is therefore not prohibited.
ENGAGED TO WAIT - when waiting is an integral part of the
job, it is compensable
WAITING TO BE ENGAGED - idle time is not working time, not
compensable
WHEN TRAVEL TIME COMPENSABLE:
1.

2.

3.

Travel from home to work- refers to ordinary work travel but


where the worker is made to work on an emergency call and
travel is necessary in proceeding to the workplace, the time
spent on travel is compensable
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.
Travel away from home- travel that keeps an employee away
from home overnight.

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 6 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!

Work hours of seamen are governed by the same rules as


land based employees. Thus, they must show sufficient
proof that said work is actually performed.

As a rule, cannot be waived, as it is intended to benefit


laborers and employees. But when the waiver is made in
consideration of benefits and privileges which may even
exceed the overtime pay, the waiver may be permitted.

Rest Periods of short duration during working hours shall


be considered as hours worked.

NOTE: OT pay will not preclude payment of night shift


differential pay.

Preliminary activities compensable when controlled or required


by employer and are pursued necessarily and primarily for the
employers benefit,

ART 85. MEAL PERIODS

WORK DAY - the 24-hour period which commences from the


time the employee regularly starts to work. e.g., if the worker starts
to work 8 am today, the workday is from 8am today up to 8 am tom.

MEAL PERIODS
1.
2.
3.

Should not be less than sixty (60) minutes, and is timeoff/non-compensable


Under specified cases, may be less than sixty (60) minutes,
but should not be less than twenty (20) minutes an must be
with full pay.
If less than twenty(20) minutes, it becomes only a rest period
and is thus considered as work time

NOTE: Employee must be completely relieved from duty.


Otherwise, it is compensable as hours worked.
-

Mealtime is not compensable EXCEPT in cases where the


lunch period or meal time is predominantly spent for the
employers benefit or where it is less than 60 minutes.

Employees may request that their meal period be shortened


so that they can leave work earlier that the previously
established schedule.

The minimum normal working hours fixed by the Act need


not be continuous to constitute the legal working day

Express approval by a superior is not a prerequisite to


make overtime work compensable. HOWEVER, written
authority after office hours during rest days and holidays are
required for entitlement to compensation.

The right to OT pay cannot be waived. Such waiver is


contrary to law and public policy.

EXCEPTIONS:
1.
2.

REQUISITES :
1.
2.
3.
4.
5.
6.

The employees voluntarily agree in writing to a shortened


meal period and are willing to waive the overtime pay for such
shortened meal period;
No diminution whatsoever in the salary and other fringe
benefits of the employees existing before the effectivity of the
shortened meal period;
Work does not involve strenuous physical exertion and they
are provided with adequate coffee breaks;
The value of benefits is equal with the compensation due
them for the shortened meal period
OT pay will become due and demandable after the new time
schedule; and
The arrangement is of temporary duration.

ART 86. NIGHT SHIFT DIFFERENTIAL

When the waiver stipulates higher payment or rate of OT pay;


or
Where the contract of employment requires work for more
than eight hours of work at specified wage per day providing
for a fixed hourly rate or that the daily wages include overtime
pay.

COMPRESSED WORKWEEK -allowable under the following


conditions:
1.
It is voluntary on the part of the worker
2.
There will be no diminution of the weekly or monthly takehome pay and fringe benefits of the employees;
3.
The value of the benefits that will accrue to the employees
under the proposed schedule is more than or at least
commensurate with the one-hour OT pay that is due them
during weekdays based on the employees quantification
4.
The one-hour OT pay will become due and payable if they
are made or permitted to work on a day not scheduled for
work on the compressed work week
5. The work does not involve strenuous physical
exertion and employees must have adequate rest periods
5.
The arrangement is of temporary duration.
ART 88. UNDERTIME NOT OFFSET BY OVERTIME

NIGHT SHIFT DIFFERENTIAL -Additional compensation of not


less than ten percent (10%) of an employees regular wage for
every hour of work done between 10:00 PM and 6:00 AM, whether
or not this period is part of the workers regular shift.
-

Meal periods during overtime work is not given to


workers performing overtime for the reason that OT work is
usually for a short period ranging from one to three hours and
to deduct from the same one full hour as meal period would
reduce to nothing the employees OT work.

If work done between 10 PM and 6 AM is overtime work,


then the 10% night shift differential should be based on his
overtime rate.

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.
RATIONALE
-

RATIONALE
- it serves as an inducement of employment

An employees regular pay rate is lower than the overtime


rate. Offsetting the undertime hours against the overtime
hours would result in undue deprivation of the employees
extra pay for overtime work.

ART 87. OVERTIME WORK

ART 89. EMERGENCY OVERTIME WORK

OVERTIME PAY- Additional compensation for work performed


beyond eight (8) hours within the workers 24-hour workday.

WHEN WORKER MAY BE REQUIRED TO RENDER OT:

1.

30% of 130% if on a special holiday/rest day

2.
3.
4.

25% of regular wage if done on a regular workday


30% of 150% if on special holiday AND rest day
30% of 200% if on a regular holiday

(WNUNCN)

N
U

RATIONALE
- employee is given OT pay because he is made to work longer
than what is commensurate with his agreed compensation for the
statutorily fixed or voluntarily agreed hours of labor he is supposed
to do.

N
C

1. Country is at war or any other national/local


emergency has been declared by the Chief
Executive/Congress
2. Necessary to prevent loss of life/property/ in case of
actual/impending emergency in the locality
3. There is urgent work to be performed on machines,
installations, or equipment in order to avoid serious
loss/damage to the employer or some other causes of
similar nature
4. Work is necessary to prevent loss/damage to
perishable goods; and
5. where the completion or continuation of the work

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 7 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
started before the eighth hour is necessary to prevent
serious obstruction or prejudice to the business or
operations of the employer.
6. when it is necessary to avail of favorable weather or
environmental conditions where performance or quality
of work is dependent thereon

- include the cash wage only, without deduction


on account of facilities provided by the
employer

- employee should not have been absent


without pay on the working day preceding the
regular holiday
Art. 94(b) refers to regular holidays, special holidays are taken
care of under Art. 93.

CHAPTER II
WEEKLY REST PERIOD
ART 91. RIGHT TO A WEEKLY REST DAY

ART 94. RIGHT TO HOLIDAY PAY


HOLIDAY PAY - A days pay given by law to an employee even
if he does not work on a regular holiday. It is limited to the
ten (10) regular holidays listed by law.

ART 90. REGULAR WAGE

CHAPTER III
HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE
CHARGES

Employees should be provided a rest period of not less than


twenty four (24) consecutive hours after every six (6)
consecutive normal work days.
Employer shall schedule the weekly rest day of his
employees subject to collective bargaining agreement.
However, the employer shall respect the preference of
employees as to their weekly rest day when such
preference is based on religious grounds. But when such
preference will prejudice the operations of the undertaking
and the employer cannot normally result to other remedial
measures, the employer may so schedule the weekly rest day
that meets the employees choice for at least two (2) days a
month

ART 92. WHEN EMPLOYER MAY REQUIRE WORK ON A REST


DAY

PREMIUM PAY - Additional compensation for work performed on


a scheduled rest day or holiday.
REGULAR HOLIDAYS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

New Years Day


-January 1
Maundy Thursday -Movable date
Good Friday- Movable date
Araw ng Kagitingan -April 9
Labor Day -May 1
Independence Day -June 12
National Heroes Day`-Last Sunday of August
Bonifacio Day-November 30
Christmas Day-December 25
Rizal Day-December 30

Note: Compensable whether worked or unworked.


DOUBLE HOLIDAY PAY
1.

WHEN EMPLOYEE MAY BE REQUIRED TO RENDER WORK ON A


REST DAY:
1.

2.
3.
4.
5.
6.

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 or property or
in cases of force majeure or imminent danger to public safety
urgent work to be performed on the machinery, equipment or
installation to avoid serious loss which the employer would
otherwise suffer
abnormal pressure of work due to special circumstances,
where the employer cannot ordinarily be expected to resort to
other measures
prevent serious loss of perishable goods
nature of work requires continuous operation for seven days
a week
work is necessary to avail of favorable weather or
environmental conditions where performance or quality of
work depends upon them

ART 93. COMPENSATION FOR REST DAY, SUNDAY OR


HOLIDAY WORK
-

this article does not prohibit a stipulation in the CBA for higher
benefits

2.

3.

200% of the basic wage provided, he works on that day and


was present or on leave with pay on the preceding
workday. If on leave without pay, rate still applies if leave is
authorized.
400% if he worked as per DOLE Memo if there are 2
regular holidays in one day eg. April 9 and Good Friday.
Provided the employee worked on the day prior to the regular
holiday or on leave with pay or on authorized absence.
If there are two succeeding holidays eg., Maundy Thursday
and Good Friday, the employee must be present the day
before the scheduled regular holiday to be entitled to
compensation to both otherwise, he must work on the first
holiday to be entitled to holiday pay on the second regular
holiday.
REGULAR HOLIDAY

SPECIAL HOLIDAY

- compensable even if
unworked subject to
certain conditions

- not compensable if
unworked

- limited to the 10
enumerated by the LC

- not exclusive since law


may provide for other
special holidays

- rate is twice the regular


rate if worked

- rate is 130% if worked

SPECIAL HOLIDAYS
1.
2.
3.

All Saints Day


-November 1
Last Day of the Year-December 31
And all other days declared by law or ordinances to be a
special holiday or non-working day

NOTE:

BUT DOES NOT APPLY TO THOSE WHO ARE:

worked = regular wage plus 30% premium pay


not worked = none

ADDITIONAL COMPENSATION FOR WORK ON A REST


DAY, SUNDAY OR HOLIDAY WORK:
1.
2.
3.
4.

ART 95. RIGHT TO SERVICE INCENTIVE LEAVE


SERVICE INCENTIVE LEAVE (SIL) - Five (5) days leave with pay
for every employee who has rendered at least one (1) year of
service.

Work on a scheduled rest day - 30% of regular wage


No regular workdays and rest days -30% of regular wage for
work on Sundays & Holidays
Work on Special Holidays -30% of regular wage
Holiday Work falls on Scheduled Rest Day - 50% of regular
wage

1.

already enjoying the said benefits; or

2.

enjoying vacation leave with pay for at least 5 days

3.

those employed in establishments regularly employing less


than 10 employees

4.

those employed in establishments exempted from granting


this benefit by the Secretary of Labor.

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 8 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
ONE (1) YEAR OF SERVICE.- service within 12 months,
whether continuous or broken, reckoned from the date the
employee started working including authorized absences and paid
regular holidays unless the number of working day in the
establishment as a matter of practice or policy, or provided in the
employment contract is less than 12 mos.
SIL is commutable i.e., convertible to cash- the cash
equivalent is aimed primarily at encouraging workers to work
continuously and with dedication to the company.

ART 96. SERVICE CHARGES


TO BE DISTRIBUTED TWICE A MONTH AND AT THE RATE
OF:
1.
2.
-

85% for all covered employees to be equally distributed


among them
15% for management (may answer for losses and breakages
or distributed to management)
If collection of service charges is abolished, the share of
covered employees shall be considered integrated in their
wages on the basis of the average monthly share of each
employee for the past 12 months immediately preceding the
abolition.
TITLE II
WAGES

ART. 98. APPLICATION OF TITLE


This Title shall not apply to the following:
1.
2.
3.
4.

CHAPTER II
MINIMUM WAGE RATES
ART 100. PROHIBITION AGAINST ELIMINATION OR
DIMUNITION OF BENEFITS
LEGAL REQTS. BEFORE FACILITIES CAN BE DEDUCTED
FROM THE EMPLOYEES WAGES:
1.
2.
3.

THE NON-DIMINUTION RULE -the benefits being given to


employees cannot be taken back or reduced unilaterally by
the employer because the benefit has become part of the
employment contract, written or unwritten.

1.
2.
3.

ART 97. DEFINITION


WAGE - the remuneration or earnings, however designated,
capable of being expressed in terms of money, whether fixed
or ascertained on a time, task, piece, or commission basis or
other method or calculating the same, which is payable by
an employer to an employee under a written or unwritten
contract of employment for work done or to be done or for
services rendered or to be rendered and includes the fair
and reasonable value of board, lodging, or other facilities
customarily furnished by the employer to the employee.
FAIR DAYS WAGE FOR A FAIR DAYS LABOR - if there is no
work performed by the employee, there can be no wage or
pay unless the laborer was able, willing, and ready to work
but was prevented by management or was illegally locked
out, suspended or dismissed.
SALARY
WAGE
- compensation for manual
labor

- denotes higher degree of


employment

- Not subject to execution

- subject to execution
(Gaa vs. CA)

FACILITIES

SUPPLEMENTS

- Are items of expense


necessary for the laborers
and his familys existence
and subsistence

- Constitute extra
remuneration or special
privileges or benefits given
to or received by the
laborers over and above
their ordinary earnings
wages

- independent of the wage


- not wage deductible

based on an express policy, or


has ripened into practice over a long period of time, and the
practice is consistent and deliberate.
It is not due to an error in the construction /application of a
doubtful or difficult question of law.
But even in cases of error, it should be shown that the
correction is being done soon after the discovery of the error.

BONUS - A supplement or employment benefit given under certain


conditions, such as success of the business or greater
production or output. As a rule, it is an amount granted
voluntarily to an employee for his industry and loyalty which
contributed to the success and realization of profits of the
employers business. Therefore, from a legal point of view, it
is not a demandable and enforceable obligation. Unless, it
was promised to be given without any conditions imposed
for its payment, as such, it is deemed part of the wage.
13TH MONTH PAY (OR ITS EQUIVALENT) -additional income
based on wage required by P.D. 851 which is equivalent to 1/12 of
the total basic salary earned by an employee within a calendar
year.
- may be given anytime but not later than Dec. 24
COVERAGE:
- All rank-and-file employees regardless of their designation or
employment status and irrespective of the method by which their
wages are paid, are entitled to this benefit, provided, that they have
worked for at least one (1) month during the calendar year.

FACILITIES shall include all articles or services for the benefit


of the employee or his family but shall not include tools of the trade
or articles or services primarily for the benefit of the employer or
necessary to the conduct of the employers business.

- deductible from the wage

Proof that such facilities are customarily furnished by the


trade ;
Voluntarily Accepted in writing by the employee
Charged at Fair & Reasonable Value

The rule is applicable if it is shown that the grant of the benefit


is:

CHAPTER I
PRELIMINARY MATTERS

- part of the wage

household or domestic helpers


homeworkers engaged in needle-work
workers employed in any establishment duly registered with
the National Cottage Industry
Workers in any duly registered cooperatives

FORMS:
1.
Christmas bonus
2.
midyear bonus
3.
profit sharing payments; and
4.
other cash bonuses amounting to not less than 1/12 of its
basic salary.
-

Difference of opinion on how to compute the 13 th month pay


does not justify a strike

It must always be in the form of legal tender . Free rice,


electricity cash and stock dividends, COLA not equivalent

ART 101. PAYMENT BY RESULTS


CATEGORIES OF PIECE-RATE WORKERS:
1.
those who are paid piece rates as prescribed in Piece Rate
Orders by the DOLE
2.
Those who are paid output rates which are prescribed by the
employer and are not yet approved by the DOLE
WORKERS PAID ON PIECE-RATE BASIS - shall refer to those
who are paid a standard amount for every piece or unit of work

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 9 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
produced that is more or less regularly replicated, without regard
to the time spent in producing the same.

a.

BENEFITS PAYABLE TO PIECE-RATE WORKERS:

b.

1.
2.
3.
4.
5.
6.
7.
8.
9.

Applicable statutory minimum daily rate;


Yearly service incentive leave of five days with pay;
Night shift differential pay
Holiday pay
Meal and rest periods
OT pay (conditional)
Premium pay (conditional)
13th month pay
other benefits granted by law, individual or collective
bargaining agreement or company policy or practice.
CHAPTER III
PAYMENT OF WAGES

EMPLOYER CANNOT PAY HIS WORKERS BY MEANS OF:


promissory notes
vouchers
coupons
tokens
tickets
chits
or any object.

LABOR ONLY CONTRACTING - where the person supplying


workers to an employer does not have substantial capital or
investment in the form of tools, equipment, machineries, work
premises, among others, and the workers recruited and placed by
such persons are performing activities which are directly related to
the principal business of such employer.

A mere statement in a contract with a company that


laborers who are paid according to the amount and quality of
work are independent contractors does not change their
status as mere employees in contemplation of labor
laws.

REQUISITES
FOR
SUBCONTRACTING TO BE :

GENERAL RULE:
payment by legal tender

1.

EXCEPTIONS:
checks or money orders may be paid if:
1.
2.
3.

ART 106. CONTRACTOR OR SUBCONTRACTOR

INDEPENDENT CONTRACTOR - one who exercises


independent employment and contracts to do a piece of work
according to his own methods and without being subject to control
of his employer except as to the result thereof.

ART 102. FORMS OF PAYMENT

1.
2.
3.
4.
5.
6.
7.

the same is customary on the date of effectivity of the LC;


necessary because of special circumstances; or
as stipulated in the CBA
2.

ART 103. TIME OF PAYMENT

3.
WHEN TO PAY:
-

in case of force majeure/special circumstances, payment may


be made through another person under written authority
where the worker has died, the
employer may pay the wages of the deceased worker to the
heirs of the latter, through the Secretary of Labor or his
representative, without the necessity of intestate proceedings,
after the heirs have executed an affidavit attesting to their
relationship to the deceased and the fact that they are his
heirs to the exclusion of all others

at least once every two (2) weeks or twice a month at


intervals not exceeding sixteen (16) days
- force majeure or other circumstances beyond the
employers control, payment must be made
immediately after such occurrence have ceased.

1.
2.
3.
-

When payment cannot be effected at or near the place of


work by reason of deterioration of peace and security
When the employer provides for free transportation to the
employees back and forth;
And under analogous circumstances
payment of wages in bars, night or day clubs, massage
clinics or similar establishments are prohibited except for the
workers therein.

PAYMENT THRU BANKS:

OR

Substantial capital need not be coupled with investment


in tools or equipment. This is clear from the use of the
conjunction or.

JOB CONTRACTING

EXCEPTIONS:

CONTRACTING

where the contractor or subcontractor carries on a distinct


and independent business and undertakes to perform the job
on his own account and under his own responsibility,
according to its own manner and method and free from the
control and direction of the principal in all matters connected
with the performance of the work except as to the results
thereof;
the contractor or subcontractor has substantial capital or
investment; and
the agreement between the principal and contractor or
subcontractor assures the contractual employees entitlement
to all labor and occupational safety and health standards, free
exercise of the right to self-organization, security of tenure
and social and welfare benefits.

ART.104. PLACE OF PAYMENT


WHERE TO PAY:
Shall be made at or near the place of undertaking,

LABOR ONLY
CONTRACTING

1. No E- E relationship exist
between employer and
the contractors
employee except when
the contractor or
subcontractor fails to
pay the wages of his
employees

1. Employer is treated as
direct employer of the
person recruited in all
instances

2. liability is limited to
unpaid wages and
other labor standards
violations

2. liable to all rights duties and


liabilities under labor
standards laws including
the right to selforganization

3. Permissible

3. Prohibited by law

4. Contractor has
substantial capital or
investment

4. Contractor has no
substantial capital/
investment

REQUISITES :
1.
2.
3.

There must be written permission of the majority of the


employees concerned in an establishment;
The establishment must have 25 or more employees; and
The bank must be located within one kilometer radius to the
bank from the location of the establishment

- payment through the ATM is allowed


ART 105. DIRECT PAYMENT OF WAGES
TO WHOM PAID
wages shall be paid directly to the workers to whom they are
due.
EXCEPTIONS:

WORKING CONDITIONS - Refers to the terms and


circumstances affecting the employment of an employee,
including policies, programs and regulations governing his
employment status, work, and work relationships. They are,
as a rule, determined by the employer.
ART. 110. WORKER PREFERENCE IN CASE OF BANKRUPTCY

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 10 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!

This Article did not sweep away the overriding preference


accorded under the scheme of the Civil Code to tax claims of
the government.

3.

deduction is fair and reasonable and shall not exceed the


actual loss or damage

4.

does not exceed 20% of the employees wages in a week.


CHAPTER V
WAGE STUDIES, WAGE AGREEMENTS AND WAGE
DETERMINATION

just a preference, must yield to special


preferred credit, e.g. secured creditors
The formal declaration of insolvency or bankruptcy or a
judicial liquidation of the employers business is a
condition sine qua non to the operation of the preference
accorded to workers under Art. 110.

CHAPTER IV
PROHIBITIONS REGARDING WAGES

ART 122. CREATION OF THE REGIONAL TRIPARTITE WAGES


AND PRODUCTIVITY BOARDS
WHO MAY SET MINIMUM WAGE:
1.
2.

Regional Tripartite Wages and Productivity Board


Congress

ART 112. NON-INTERFERENCE IN DISPOSAL OF WAGES


MINIMUM WAGE - The lowest wage rate fixed by law that an
employer can pay his employees.

In relation to the Civil Code:


Art. 1705. The laborers wages shall be paid in legal currency.
Art. 1706. Withholding of the wages except for a debt due, shall
not be made by the employer
Art. 1707. The laborers wages shall be a lien on the goods
manufactured or the work done.
Art. 1708. The laborers wages shall not be subject to execution or
attachment except for debts incurred for food, shelter, clothing, and
medical attendance.
Art. 1709. The employer shall neither seize nor retain any tool or
other articles belonging to the laborer.
PROHIBITIONS REGARDING WAGES:
1.
2.
3.

4.
5.
6.

Payment of wages with less frequency than once (1) a month.


Limitations/Interference by the employer with the employees
freedom to dispose of his wages.
Forcing, Compelling/Obliging employees to purchase
merchandise , commodities or other properties from the
employer or from any other person, or to make use of any
store or service of such employer or any other person
Withholding of wages
Deduction of wages as consideration of a promise of
employment or retention in employment
Refusal to pay/ Reduction of wages and benefits, discharge/
discrimination against any employee as retaliatory measures
against any employee who has filed any complaint or
instituted any proceedings against his employer

ART 113. WAGE DEDUCTION


ALLOWABLE DEDUCTIONS:
WITH EMPLOYEES CONSENT:
1.
2.
3.
4.
5.
6.

EFFECTIVITY of a wage Order it shall take effect after 15


days from the its complete publication in at least one newspaper of
general circulation in the region.
FREQUENCY of a wage order - Wage Order issued by the
Board may not be disturbed for a period of 12 months from its
effectivity and no petition for wage increase shall be entertained
during said period. EXCEPTION: When Congress itself issues a
law increasing wages.
ART 124. STANDARDS/CRITERIA FOR MINIMUM WAGE
FIXING
FACTORS FOR DETERMINING REGIONAL MINIMUM WAGE
RATES (DACNNIPFEE)
1.
2.
3.
4.
5.
6.
7.
8.

Demand for living wages;


Wage Adjustment vis-a vis the consumer price index;
Cost of living and changes or increases therein;
Needs of workers and their families;
Need to induce industries to invest in the countryside;
Improvements in standards of living;
Prevailing wage levels;
Fair Return of the capital invested and capacity to pay of
employers;
Effects on Employment Generation and Family Income;
Equitable Distribution of Income & Wealth along the
imperatives of economic and social development

WAGE DISTORTION - situation where an increase in prescribed


wage rates results in the elimination or severe contraction of
intentional quantitative differences in wage or salary rates between
and among employee groups in an establishment as to effectively
obliterate the distinctions embodied in such wage structure based
on skills, length of service or other logical bases of differentiation.

1. Workers insurance acquired by the employer


2. Union Dues, where the right to check-off has
been recognized by the employer
3. Cases where the employer is authorized by
law or regulations issued by the Secretary of
Labor
4. debts of the employee to the employer which
have become due and demandable

CORRECTING WAGE DISTORTION


Unionized Establishment
1. Negotiate to correct the distortion.
2. Any dispute arising therefrom should be resolved through
grievance procedure under their CBA.
3. If the dispute remains unresolved, through voluntary arbitration.

ART 114. DEPOSITS FOR LOSS OR DAMAGE


Deposits for Loss or Damage to tools, materials and
equipment supplied by the employer shall not be made,
EXCEPT when the trade, occupation or businesses of the
employer recognizes, or considers the practice of making
deductions or requiring deposits necessary or desirable.

REQUISITES FOR DEDUCTION FOR LOSS OR DAMAGE :

1.
2.

WAGE ORDER an order issued by the Regional Board


whenever the conditions in the region so warrant after investigating
and studying all pertinent facts and based on the standards and
criteria prescribed by the LC, the Regional Board proceeds to
determine whether to issue the same or not.

9.
10.

SSS Payments
MEDICARE
Contributions to PAG-IBIG Funds
value of meals and others
payments to third persons with employees consent
deduction of absences

W/OUT EMPLOYEES CONSENT:

ART. 123 WAGE ORDER

employee clearly shown responsible

Establishments without Unions


1.
2.
3.
-

opportunity to show cause to show why deduction should not


be made

The employers and workers shall endeavor to correct the


distortion.
Any dispute arising therefrom shall be settled through the
NCMB and
If it remains unresolved after 10 days of conciliation, it shall
be referred to the NLRC.
Wage distortion is non- strikeable.

Is the employer legally obliged to try & correct a wage


distortion?
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 11 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
It appears so. Article 124 of the Code provides that
the employer and the union shall negotiate to correct the
distortions. If there is no union, the employer and the workers
shall endeavor to correct such distortions.

Must the previous pay gaps be restored?


While that is the aim, it need not necessarily be restored
to the last peso. An appreciable differential, a significant pay gap
should suffice as correction of the distortion.
CHAPTER VII
ADMINISTRATION AND
ENFORCEMENT
ART. 128. VISITORIAL AND ENFORCEMENT POWER

3. No limit as to amount of
claim

3. Aggregate claim of each


complainant does not
exceed P5,000

4. Appeal is with Sec.of


Labor ; period of appeal
is 10 calendar days

4. Appeal with NLRC; period


of appeal is 5 calendar
days

5. Person exercising the


power is the Sec. Of
Labor or any of his duly
authorized
representatives who
may or may not be a
regional director

5. The power is vested upon


a regional director or any
duly authorized hearing
officer of the DOLE.

ART. 129. RECOVERY OF WAGES, SIMPLE MONEY CLAIMS


AND OTHER BENEFITS

REQUISITES :
1.
2.
3.
4.
-

TITLE III
WORKING CONDITIONS FOR SPECIAL GROUP OF
EMPLOYEES

Under Art. 129, the Regional Director is empowered through


summary proceeding and after due notice, to hear and decide
cases involving recovery of wages and other monetary claims
and benefits, including legal interests.

ART 130. NIGHTWORK PROHIBITION

The claim is presented by an employee or person employed


in domestic or household service or househelper;
The claim arises from employer-employee relations;
The claimant does not seek reinstatement; and
The aggregate money claim of each employee or
househelper does not exceed P5, 000.00
Access to employers records and premises
the day/night whenever work is being undertaken
therein
includes the right to copy therefrom, to question any
employee & investigate any fact, condition or matter
which may be necessary to determine violations or
which may aid in the enforcement of the Code and of
any labor law, wage order, or rules and regulations
Issue Compliance Orders (ART. 128)
based on the findings of labor employment and
enforcement officers or industrial safety engineers made
in the course of inspection
Issue Writs of Execution (ART. 128)
for the enforcement of orders
except in cases where the employer contests the
findings of the said labor officers and raises issues
supported by documentary proofs which were not
considered in the course of inspection.
Order Work Stoppage/Suspension of Operations
when non-compliance with the law or implementing
rules and regulations poses grave & imminent danger to
the health and safety of the workers in the workplace.
Conduct Hearings within 24 hours
to determine whether an order for stoppage of
work/suspension of operations shall be lifted or not.
employer shall pay the employees concerned their
salaries in case the violation is attributable to his fault
Require employers to keep and maintain Employment
Records
- as may be necessary in aid of his visitorial and
enforcement powers
ART 128

CHAPTER I
EMPLOYMENT OF WOMEN

ART 129

1. Visitorial and
enforcement power of
the Secretary of
Labor /his duly
authorized
representatives
exercised through
routine inspections of
establishments

1. Power of the Regional


Director or any duly
authorized hearing officers
to hear and decide matters
involving the recovery of
wages, upon complaint of
any interested party

2. requires the existence of


E-E
Relationship

2. E-E relationship not


necessary since it should
not include a claim for
reinstatement

No woman , regardless of age, shall be employed or


permitted or suffered to work, with or without compensation in
any :

1.
2.
3.

Industrial undertaking between 10PM-6AM


Commercial/Non-Industrial undertaking between 12 MN-6AM
Agricultural undertaking at nighttime unless, she is given a
period of rest of not less than 9 consecutive hours

ART 131. EXCEPTIONS


1.

2.
3.
4.
5.
6.
7.

Actual/Impending Emergencies
caused by serious accident, flood,
typhoon, epidemic or other disasters or calamity, to
prevent loss of life or property, or in cases of force
majeure or imminent danger to public safety
Urgent work to be performed on machineries, equipment or
installation, to avoid serious loss
Work is necessary to prevent serious loss of perishable
goods
Where
she
holds
a
responsible
position
of
managerial/technical nature/engaged to provide health and
welfare service
Nature of the work requires the manual skill and dexterity of
women workers & cannot be performed with equal efficiency
by male workers
Where women workers are immediate family members of the
family operating the establishment or undertaking
Analogous cases

ART 132. FACILITIES FOR WOMEN


The Secretary of Labor may require employers to:
1.
Provide seats proper for women and permit them to use the
seats when they are free from work or during office hours
provided the quality of the work will not be compromised;
2.
To establish separate toilet rooms and lavatories for men and
women and provide at least a dressing room for women;
3.
To establish a nursery in the establishment;
4.
To determine appropriate minimum age and other standards
for retirement or termination in special occupations such as
those of flight attendants and the like
ART. 133 MATERNITY LEAVE BENEFITS
MATERNITY LEAVE UNDER THE SSS LAW
A female member, who need not be legally married, who
has paid for at least three (3) monthly contributions in the 12month period immediately preceding the semester of her childbirth
or miscarriage shall be paid a daily maternity benefit equivalent to
100% of her average daily salary credit for 60 days or 78 days, in
case of caesarian delivery.
REQUISITES :
1.
2.

Employee notified her employer of her pregnancy of the


probable date of her childbirth
Full payment be advanced by the employer within 30 days
from the filing of the maternity leave application

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 12 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
3.
4.
5.
6.

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


recovery of sickness benefits
That the maternity benefits shall be paid only for the first four
(4) deliveries or miscarriages
That the SSS shall immediately reimburse the employer of
100% of the amount of maternity benefits advanced to the
employee by the employer
That if an employee member should give birth or suffer a
miscarriage without the required contributions having been
remitted for her by her employer to the SSS, or without the
latter having been previously notified by the employer of the
time of the pregnancy, the employer shall pay to the SSS
damages equivalent to the benefits which said employee
member would otherwise have been entitled to.
ART 133 (b) subsists, i.e., the maternity leave shall be
extended without pay on account of illness medically certified
to arise out of the pregnancy, delivery, abortion, or
miscarriage, which renders the woman unfit for work , unless
she has earned unused leave credits from which such
extended leave may be charged.

3.

ART 136. STIPULATION AGAINST MARRIAGE


- it shall be unlawful for an employer to require as a condition for
employment or continuation of employment that a woman
employee shall not get married, or to stipulate expressly or tacitly
that upon getting married a woman employee shall be deemed
resigned or separated, or to actually dismiss, discharge,
discriminate or otherwise prejudice a woman employee merely by
reason of her marriage.
ART 138. CLASSIFICATION OF CERTAIN WOMEN WORKERS
-

LIMIT OF THE BENEFIT: Applies only for the first four deliveries
irrespective of who is the father of the children, and may not be
availed of in addition to sickness benefit under the Social Security
program.

Any woman who is permitted to work or suffered to work, with


or without compensation, in any night club, cocktail lounge,
massage clinic, bar or similar establishment, under the
effective control or supervision of the employer for a
substantial period of time as determined by the Secretary of
Labor, shall be considered as an employee of such
establishment for purposes of labor and social legislation.
CHAPTER II
EMPLOYMENT OF MINORS

RA 8187 (PATERNITY LEAVE)


This law grants paternity leave of seven day with full pay to
all married male employees in the private and public sectors.

privileges under existing labor laws or


The above acts would result in an intimidating,
hostile, or offensive environment (Sec. 3[a], RA No.
7877)

ART 139. MINIMUM EMPLOYABLE AGE


Any person between ages 15 and 18 may be employed in
any non hazardous work.

DELIVERY includes childbirth, miscarriage, or abortion.

Exception and condition on the employment of a child


below 15:

It is available only for the first four


deliveries of the legitimate spouse with whom the husband is
cohabiting.

Purpose: to enable the husband to lend support to his wife during


the period of recovery and/or in the nursing of the newly born child.
CONDITIONS :
1.
he is an employee at he time of the delivery of his child;
2.
he is cohabiting with his spouse at the time she gives birth or
suffers a miscarriage;
3.
he has applied for paternity leave ; and
4.
his wife has given birth or suffered a miscarriage
Paternity leave, if not availed of, is not convertible to cash.

WIFE - refers to the lawful wife which means the woman who is
legally married to the male employee concerned.

1. When the child works directly under the sole responsibility of


his/her parents or legal guardian who employs members of his/her
family only under the following conditions:
a.
employment does not endanger the childs life, safety,
health and morals
b.
employment does not impair the childs normal
development
c.
the parent/legal guardian provides the child with the
primary and/or secondary education prescribed by
DECS
2. Where the childs employment or participation in public
entertainment or information through cinema, theater, radio, or
television is essential, provided that:
a.

Where the male employee is already enjoying the paternity


leave by reason of any law, decree, executive orders or any
contract, agreement or policy between employer and
employee and the existing paternity benefit is greater, the
greater benefit shall prevail; if lesser, the existing benefit
shall be adjusted to the extent of the difference.

b.
c.

employment does not involve advertisements or


commercials
promoting
alcoholic
beverages,
intoxicating drinks, tobacco and its by-products or
exhibiting violence;
There is a written contract approved by the DOLE;
and
The conditions prescribed for the employment of
minors {above stated} are met.

ART 135. DISCRIMINATION PROHIBITED


It shall be unlawful for any employer to discriminate against
any woman employee with respect to terms and conditions of
employment solely on account of her sex.

Acts of Discrimination:

a.
b.

Payment of a lesser compensation for work of equal value.


Favoring a male employee over a female employee solely
on the account of their sexes.

Sexual Harassment in a
Environment :
1.

2.

Work-Related or Employment

the sexual favor is made as a condition in the hiring


or in the employment, re-employment or continued
employment of said individual or in granting said
individual favorable compensation, terms, conditions,
promotions, or privileges; or the refusal to grant the
sexual favor results in limiting, segregating or
classifying the employee which in anyway would
discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said
employee
the above acts would impair the employees rights or

NONHAZARDOUS WORK OR UNDERTAKING one where the


employee is not exposed to any risk which constitutes an imminent
danger to his safety and health.
HAZARDOUS WORKPLACES:
1.
Where the nature of the work exposes the workers to
dangerous environmental elements, contaminants or work
conditions;
2.
Where the workers are engaged in construction work,
logging, fire-fighting, mining, quarrying, blasting, stevedoring,
dock work, deep-sea fishing, and mechanized farming;
3.
Where the workers are engaged in the manufacture or
handling of explosives and other pyrotechnic products;
4.
Where the workers use or are exposed to heavy or powerdriven machinery or equipment; and
5.
Where the workers use or are exposed to power-driven tools,
CHAPTER III
EMPLOYMENT OF HOUSEHELPERS
RIGHTS OF HOUSEHELPERS:
1.
minimum cash wage
2.
non-assignment to non- household work
3.
opportunity for education: if under 18 (cause of education part
of compensation)
4.
board/ lodging, medical attendance

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 13 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
5.
6.
7.
8.
9.
10.
11.
12.
13.

just and humane treatment


indemnity for unjust termination of services
just causes for termination
right not to be required to work more than 10 hours a day
for days vacation each month
to regular wages if employed in industrial or commercial or
agricultural undertaking
funeral expenses must be paid by employer if the
househelper has no relatives with sufficient means in the
place where the head of the family lives.
at least elementary education
employment certification
CHAPTER IV
EMPLOYMENT OF HOMEWORKERS

INDUSTRIAL HOMEWORK - a system of production under


which work for an employer or contractor is carried out by a
homeworker at his home.
INDUSTRIAL HOMEWORKER - a worker who is engaged in
industrial homework
BOOK FOUR
HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS
TITLE I
MEDICAL, DENTAL AND OCCUPATIONAL SAFETY

GROUNDS FOR AN INJURY TO BE COMPENSABLE


1.
the employee must have been injured at the place where the
work requires him to be
2.
the employee must have been performing his official
functions
3.
if the injury is sustained elsewhere, the employee must have
been executing an order for the employer
4.
the injury was not due to the employees intoxication, willful
intention to injure or kill himself or another, notorious
negligence or otherwise prohibited under this Title.
SICKNESS - Any illness definitely accepted as an occupational
disease listed by the Commission or any illness caused by
employment subject to proof that the risk of contracting the same is
increased by working conditions.
Conditions for an occupational disease and the resulting
disability or death to be compensable :
1.
The employees work must involve the risk described therein
2.
The disease was contracted as a result of the employees
exposure to the described risks;
3.
The disease was contracted within a period of exposure and
under such other factors necessary to contract it;
4.
There was no notorious negligence on the part of the
employee
DEATH - Loss of life resulting from injury or sickness
DISABILITY -Loss or impairment of a physical or mental function
resulting from injury or sickness.

CHAPTER I
MEDICAL AND DENTAL SERVICES

DIRECT PREMISES RULE as a general rule, the accident


should have occurred at the place of work to be compensable

ART 156. FIRST-AID TREATMENT


FIRST-AID TREATMENT adequate, immediate, and
necessary medical and dental attention or remedy given in case of
injury or illness suffered by a worker during employment,
irrespective of whether or not such injury or illness is workconnected, before a more extensive medical and/or dental
treatment can be secured.

1.

2.

GOING TO OR COMING FROM WORK- when the injury


occurred when the employee is proceeding to or from his
work on the premises of the employer
must be a continuing act and has not diverted
therefrom by any other activity and he has not departed
from his usual route to or from his workplace and if the
employee is on a special errand, it must have been
official and in connection with his work.

3.

EXTRA-PREMISES RULE (or the shuttle bus rule) where


the company provides the means of transportation in going to
or coming from the place of work is liable to the injury
sustained by the employees while on board said means of
transportation.

4.

SPECIAL ERRAND RULE injury sustained outside the


company premises is compensable if his being out is covered
by an office order or a locator slip or a pass for official
business.

5.

DUAL PURPOSE DOCTRINE allows compensation where


a special trip would have to be made for the employer if the
employee had not combined the service for the employer with
his own going or coming trip.

6.

SPECIAL ENGAGEMENT RULE covers field trips, outings,


intramurals and picnics when initiated or sanctioned by the
employer

7.

POSITIONAL AND LOCAL RISKS DOCTRINE If an


employee by reason of his duties is exposed to a special or
peculiar danger from the elements, that is, one greater than
that to which other persons in the community are exposed
and an unexpected injury occurs, the injury is compensable

8.

FORCE MAJEURE OR AN ACT OF GOD- when one in the


course of his employment is reasonably required to be at a
particular place at a particular time and there meets an
accident although one which any other person then and
there present would have met irrespective of his employment.

FIRST AIDER any person trained and duly certified as


qualified to administer first aid by the Phil. National Red Cross or
by any other organization accredited by the former.
TITLE II
EMPLOYEES COMPENSATION AND STATE INSURANCE
FUND
WORKMENS COMPENSATON- A general and comprehensive
term applied to those laws providing for compensation for loss
resulting from the injury, disablement or death of a workman
through industrial accident, casualty or disease.
COMPENSATION - Money relief afforded according to the
scale established under the statute as differentiated from
compensatory damages recoverable in an action at law for
breach of contract or for tort.
WORKMENS
COMPENSATION ACT

EMPLOYEES
COMPENSATION LAW

1. There is a presumption
of compensability

1. no presumption of
compensability

2. there is a presumption of
aggravation

2. no presumption of
aggravation

3. there is a need for the


employer to controvert
the claim within 14 days
otherwise he is deemed
to have waived the right

3. no need for the employer to


controvert

4. payment of
compensation made by
the employer

4. payment of compensation
made by SSS/GSIS
through the State
Insurance Fund

EXCEPTIONS TO THE DIRECT PREMISES RULE


INGRESS- EGRESS/ PROXIMITY RULE- when the
employer is about to leave or about to enter the premises of
the employer by way of the customary or exclusive means of
ingress or egress.

ART 164. DEFINITION OF TERMS.


INJURY - Any harmful change in the human organism from any
accident arising out of and in the course of employment.

CHAPTER II
COVERAGE AND LIABILITY

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 14 of 15

SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW


Any form of reproduction of this copy is strictly prohibited!!!
ART 168. COMPULSORY COVERAGE
ECL applies to all employers, public or private, and to all
employees, public or private including casual, emergency,
temporary, or substitute employees.

3.

Every employee is covered who is not over 60 years over 60


years of age or over 60 years of age if he had been paying
contributions prior to the age of 60

1.
2.

ART 170. EFFECTIVE DATE OF COVERAGE


The employer is covered compulsorily from first day of
operation and the employee from the first day of employment
ART 172. LIMITATIONS OF LIABILITY
1.
2.
3.
4.

NO COMPENSATION can be obtained if the injury, death or


disability is a result of the employees:
Intoxication;
Willful intention to injure or kill himself or another;
Notorious negligence; or
Unless otherwise provided by the LC

the parents of said employee wholly dependent upon him for


regular support

BENEFITS

3.

for life to the primary beneficiaries, guaranteed for five years


for not more than 60 months to the secondary beneficiaries in
case there are no primary beneficiaries
in no case shall the total benefit be less that P 15, 000.00

THE BENEFICIARIES ARE:


PRIMARY BENEFICIARIES
a.
Dependent spouse until he remarries
b.
dependent children ( legitimate, legitimated, natural born or
legally adopted)
SECONDARY BENEFICIARIES
a.
Illegitimate children and legitimate descendants
b.
parents, grandparents, grandchildren

NOTORIOUS NEGLIGENCE deliberate act of the employee to


disregard his own personal safety.
Is death through suicide compensable ?
As a rule NO. However as held in NAESS vs. NLRC, the
supreme court ruled that a self inflicted death could be
compensable if :
1.
2.

by agreement of the parties


The suicide/death is caused by a work related or
compensable illness or disease.

ART 173. EXTENT OF LIABILITY


-

Simultaneous recovery under the Labor Code and the Civil


Code cannot be made. The action is selective and the
employee may either choose to file the claim under either.
But once the election is made, the claimant cannot opt for the
other remedy.

Simultaneous recovery under the LC and the SSS can be


made as per an advisory opinion dated May 23, 1989 of
Sec. Drilon since PD 1921 has lifted the ban on
simultaneous recovery.

STATE INSURANCE FUND: all covered employers are required


to remit to a common fund a monthly contribution equivalent to one
percent of the monthly salary credit of every covered employee.
The employee pays no contribution to the fund. Any agreement to
the contrary is prohibited.
CHAPTER VI
DISABILITY BENEFITS
DISABILITY CATEGORIES:
TEMPORARY TOTAL - if as a result of the injury or sickness,
the employee is unable to perform any gainful occupation for a
continuous period not exceeding 120 days
PERMANENT TOTAL - if as a result of the injury or sickness,
the employee is unable to perform any gainful occupation for a
continuous period exceeding 120 days
PERMANENT PARTIAL - if as a result of the injury or sickness,
the employee suffers a permanent partial loss of the use of any
part of his body.
DEATH BENEFITS
The System shall pay to the primary beneficiaries upon the
death of the covered employee an amount equal to his
monthly income benefit, plus ten percent thereof for each
dependent child, but not exceeding five, beginning with the
youngest and without substitution. The income benefit shall
be guaranteed for five years.
DEPENDENTS:
1.
the legitimate, legitimated, legally adopted or acknowledged
natural child who is unmarried, not gainfully employed and
not over 21 years of age or over 21 years of age provided
that he is incapable of self- support due to a physical or
mental defect which is congenital or acquired during minority
2.
legitimate spouse living with the employee

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon

Page 15 of 15

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