TITLE III
WORKING CONDITIONS FOR SPECIAL
GROUPS OF EMPLOYEES
CHAPTER 1
EMPLOYMENT OF WOMEN
ARTICLES 130 – 136
 What benefits are women employees
entitled to?
Women employees are entitled to the following:
1. The facilities as provided under the Labor
Code
2. Maternity Leave Benefits under the SSS
law
3. Solo Parent Benefits under the Solo Parent
Act.
4. Benefit under R.A. 9262 otherwise known
as the Anti-violence Against Women and
their Children Act of 2004 (Anti-VAWC)
5. Benefits and protection under R.A 9710
otherwise known as the Magna Carta for
Women
 What facilities are employers required to
provide for the women-employees under
the Labor Code?
Employers are required to provide the
following for the women-employees:
1. Seats that could be used by the women-
employees during break time or during
working hours, provided the same will not
affect efficiency.
2. Separate toilet rooms and lavatories for
women-employees
3. Separate dressing room; and
4. Nursery in a workplace
NOTE: The term nursery refers to an area
in a workplace where working mother feed
their infants. It is a safe place where the
young children are left during working
hours. What is contemplated under the law
is natural feeding not artificial or bottle
feeding, for this can be undertaken by
others such as house helpers not in the
workplace but can be done at home.
5. Establishments which are required by law
to maintain a clinic or infirmary shall
provide free family planning services
NOTE: Employers who habitually employ
more than 200 workers in any locality shall
provide free family planning service to their
employees and their spouses.
 What is maternity leave benefit?
Under the Social Security Act of 1997, a female
member who has paid at least 3 monthly
contributions in the 12 month 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.
 What are the conditions for entitlement to
maternity benefits?
The following are the conditions for
entitlement to maternity benefits:
1. That the employee shall have notified her
employer of her pregnancy and the
probable date of her childbirth which
notice shall be transmitted to the SSS in
accordance with the rules and
regulations it may provide;
2. That the payment shall be advanced by
the employer in two equal installments
within thirty (30) days from the filing of
the maternity leave application:
3. That in case of caesarian delivery, the
employee shall be paid the daily
maternity benefit for seventy-eight (78)
days;
4. That payment of daily maternity benefits
shall be a bar to the recovery of sickness
benefits for the same compensable
period of sixty (60) days for the same
childbirth, abortion, or miscarriage;
5. That the maternity benefits provided
under this Section shall be paid only for
the first four deliveries;
6. That the SSS shall immediately reimburse
the employer of one hundred percent
(100%) of the amount of maternity
benefits advanced to the employee by the
employer upon receipt of satisfactory
proof of such payment and legality
thereof; and
7. That if an employee should give birth or
suffer abortion or miscarriage without the
required contributions having been
remitted for her by her employer to the
SSS, or without the latter having been
previously notified by the employer of the
time of the pregnancy, the employer shall
pay to the SSS damages equivalent to the
benefits which said employee would
otherwise have been entitled to, and the
SSS shall in turn pay such amount to the
employee concerned."
 Should the woman-employee be married
to be entitled to the maternity leave
benefit?
No. Every pregnant woman is entitled to
maternity leave benefits regardless of her civil
status, whether married/unmarried.
NOTE: This is what distinguishes maternity
leave benefit from paternity leave benefit. R.A.
8187 or The Paternity Leave law grants
paternity leave of seven days with full pay to all
MARRIED male employees in the private and
public sectors for the first 4 deliveries of the
LEGITIMATE SPOUSE with whom he is
COHABITING
 What is the solo parent benefit under the
Solo Parent Act?
Under R.A. 8972, otherwise known as the Solo
Parents’ Act of 2000, solo parents
(male/female) are entitled to a non-cumulative
parental leave of 7 working days. This is
designed to enable solo parent to perform
parental duties and responsibilities where his
or her physical presence is needed.
NOTE: Non-cumulative means that if the
benefit is not availed of, the same is not
convertible to cash. Maternity, paternity and
solo parent benefits are non-cumulative.
 Who is a solo parent?
A solo parent is one who falls under any of the
following categories:
(1) A woman who gives birth as a result of rape
and other crimes against chastity even without
a final conviction of the offender: Provided,
That the mother keeps and raises the child;
 (2) Parent left solo or alone with the
responsibility of parenthood due to death of
spouse;
(3) Parent left solo or alone with the
responsibility of parenthood while the spouse is
detained or is serving sentence for a criminal
conviction for at least one (1) year;
(4) Parent left solo or alone with the
responsibility of parenthood due to physical
and/or mental incapacity of spouse as certified
by a public medical practitioner;
(5) Parent left solo or alone with the
responsibility of parenthood due to legal
separation or de facto separation from spouse
for at least one (1) year, as long as he/she is
entrusted with the custody of the children;
(6) Parent left solo or alone with the
responsibility of parenthood due to declaration
of nullity or annulment of marriage as decreed
by a court or by a church as long as he/she is
entrusted with the custody of the children;
(7) Parent left solo or alone with the
responsibility of parenthood due to
abandonment of spouse for at least one (1)
year;
(8) Unmarried mother/father who has
preferred to keep and rear her/his
child/children instead of having others care for
them or give them up to a welfare institution;
(9) Any other person who solely provides
parental care and support to a child or
children;
(10) Any family member who assumes the
responsibility of head of family as a result of
the death, abandonment, disappearance or
prolonged absence of the parents or solo
parent.
 What benefit is the woman-employee
entitled to under the Anti-VAWC law?
Victims under the Anti-VAWC law shall be
entitled to take a paid leave of absence up to
ten (10) days in addition to other paid leaves
under the Labor Code and Civil Service Rules
and Regulations, extendible when the necessity
arises as specified in the protection order.
Any employer who shall prejudice the right
of the person under this Sec. shall be penalized
in accordance with the provisions of the Labor
Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any
person for assisting a co-employee who is a
victim under this Act shall likewise be liable for
discrimination.
 What violence does the Anti-VAWC law
penalize?
The law penalizes violence against women and
their children. The same law defines “violence
against women and their children as any act or
a series of acts committed by any person
against a woman who is his wife, former wife,
or against a woman with whom the person has
or had a sexual or dating relationship, or with
whom he has a common child, or against her
child whether legitimate or illegitimate, within
or without the family abode, which result in or
is likely to result in physical, sexual,
psychological harm or suffering, or economic
abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary
deprivation of liberty.
 May a husband who had been cheating on
the wife with various women be prosecuted
under the Anti-VAWC law?
The acts of the husband of cheating have
caused the wife mental and emotional
suffering. Such acts may be a ground for the
filing of a VAWC case for “psychological
violence”
 May an ex-husband who has stopped
giving support to the wife and their child
be prosecuted under the Anti-VAWC law?
Yes. His act of refusing to give financial
support to the wife or their child constitutes
“Economic Abuse.”
 Are only men prosecuted under the Anti-
VAWC law?
No. R.A. 9262 states that “any person” with
whom the victim had an intimate relationship
with. Thus, ex-lovers of the victim, male or
female, may be charged under the VAWC. So
even women and transgenders may be charged
for violation of the VAWC.
 What are other important things to
remember about the Anti-VAWC law?
1. Violation of the Anti-VAWC law is a public
offense. This means that it may be
prosecuted upon the filing of a complaint by
any citizen having personal knowledge of
the circumstances involving the commission
of the crime.
2. Victim-survivors who are found by the
courts to be suffering from battered woman
syndrome do not incur any criminal and
civil liability
NOTE: "Battered Woman Syndrome" refers
to a scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse. Thus, the woman who is suffering
from battered woman syndrome will not
incur criminal liability if she killed her
aggressor because it constitutes self-
defense. However, there must be unlawful
aggression/unexpected attack on her by the
abuser, otherwise, it will not be considered
self-defense.
 What are unlawful acts against women-
employees?
The law provides that it shall be unlawful for
any employer:
1. To discharge any woman employed by him
for the purpose of preventing such woman
from enjoying the maternity leave, facilities
and other benefits provided under the
Code;
2. To discharge such woman employee on
account of her pregnancy, or while on leave
or in confinement due to her pregnancy;
3. To discharge or refuse the admission of
such woman upon returning to her work for
fear that she may be pregnant;
 4. To discharge any woman or child or any
other employee for having filed a complaint
or having testified or being about to testify
under the Code; and
5. To require as a condition for a 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.
NOTE: In Zialcita vs. PAL, where PAL
dismissed a flight attendant for violating a
company regulation which states that flight
attendants must be single, the Supreme
Court ruled that the said regulation cannot
be legally enforced for being in violation of
article 134 of the Labor Code.
However, in Duncan Assoc. Of Detailmen
vs. Glaxo Wellcome Phil., Inc., the Supreme
Court ruled that the employer’s policy
prohibiting an employee from having a
relationship with an employee of a
competitor company is a valid exercise of
management prerogative for it has the right
to guard its trade secrets from competitors.
6. To deny any woman the benefits of
employment or other statutory benefits
under our laws by reason of her sex, age,
ethnic origin or beliefs, or relations, either
by affinity or consanguinity.
(Discrimination)
NOTE: The following are acts of
discrimination:
a. Discrimination in pay – paying lesser
compensation to female employee as
against a male employee.
b. Discrimination in employment
opportunity – Favoring a male employee
over a female employee with respect to
promotion solely on account of their
sexes
c. Discrimination in hiring – Favoring a
male applicant with respect to hiring
where the job can equally be handled by
a woman.
d. Discrimination in dismissal
7. Sexual harassment
1. R.A. 7877 otherwise known as the Anti-
Sexual Harassment Act of 1995.
3. What is sexual harassment?
The law defines Sexual Harassment as
“committed by an employer, employee,
manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainor, or
any other person who, having authority,
influence or moral ascendancy over another in
a work or training or education environment,
demands, requests or otherwise requires any
sexual favor from the other, regardless of
whether the demand, request or requirement
for submission is accepted by the object.
 How is sexual harassment committed in
work-related environment?
In a work-related or employment environment,
sexual harassment is committed when:
(1) 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 of conditions,
promotions or privileges; or the refusal to
grant the sexual favor results in limiting,
segregating or classifying the employee which
in any way would discriminate, deprive or
diminish employment opportunities or
otherwise adversely affect said employee;
(2) The above acts would impair the employee’s
rights or privileges under existing labor laws;
or
(3) The above acts would result in an
intimidating, hostile or offensive environment
for the employee.
NOTE: The employer or head of office is
solidarily liable for damages arising from the
acts of sexual harassment committed in the
employment, education or training
environment if the employer or head of office is
informed of such acts by the offended party
and no immediate action is taken thereon.
 What is Magna Carta of Women?
The Magna Carta of Women is a comprehensive
women’s human rights law that seeks to
eliminate discrimination against women by
recognizing, protecting, fulfilling and
promoting the rights of Filipino women,
especially those in marginalized sector.
Included in the women’s rights
enumerated therein is the right to leave
benefits of two (2) months with full pay based
on gross monthly compensation, for women
employees who undergo surgery caused by
gynecological disorders, provided that they
have rendered continuous aggregate
employment service of at least six (6) months
for the last twelve (12) months;
 For purposes of entitlement of benefits and
protection under labor and social
legislations, are hospitality girls
considered employees of the nightclub or
other similar establishments?
Yes. Article 136 of the Labor Code provides
than any woman who is permitted 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.
NOTE: If the night club operator does not
CONTROL the hostesses on the details and
manner of their work, the women are not
employees of the night club operator.
CHAPTER II
EMPLOYMENT OF MINORS
 Who is a minor?
A child is defined as a person below the age of
emancipation which is 18 years old.
 Can minors be employed?
Yes. According to R.A. 9231 (Special
Protection of Children against Child Abuse,
Exploitation and Discrimination Act), the
minimum employable age is 15. Thus, a child
who is aged 15 to below 18 may be employed
provided that the following conditions are met:
 1. The employer shall ensure the protection,
health, safety, morals and normal
development of the child.
2. The employer shall institute measures to
prevent the child’s exploitation or
discrimination taking into account the
system and level of remuneration and the
duration and arrangement of working time;
NOTE: A child below fifteen (15) years of
age may be allowed to work for not more
than twenty (20) hours a week: Provided,
That the work shall not be more than four
(4) hours at any given day;
A child fifteen (15) years of age but below
eighteen (18) shall not be allowed to work
for more than eight (8) hours a day, and in
no case beyond forty (40) hours a week;
No child below fifteen (15) years of age
shall be allowed to work between eight
o'clock in the evening and six o'clock in the
morning of the following day and no child
fifteen (15) years of age but below eighteen
(18) shall be allowed to work between ten
o'clock in the evening and six o'clock in the
morning of the following day."
3. The employer shall formulate and
implement, subject to the approval and
supervision of competent authorities, a
continuing program for training and skills
acquisition of the child.
NOTE: The employer shall provide a
working child with access to at least
primary and secondary education.
 Can a child below 15 years of age be
allowed to work?
As a general rule, employment of children
below 15 years of age is prohibited. However
their employment is allowed in the following
instances:
1. When the child works directly under the
responsibility of his/her parents or legal
guardian who employ members of his/her
family only but under the following
conditions, to wit:
a. The employment does not endanger the
child’s life, safety, health and morals;
b. The employment does not impair the
child’s normal development
c. The employer-parent or legal guardian
provides the child with primary and/or
secondary education prescribed by the
DECS
2. When the child’s employment or
participation in public entertainment or
information through cinema, theater, radio
or television is essential, provided the
following conditions are complied with:
a. The employment does not involve
advertisements or commercials
promoting alcoholic beverages,
intoxicating drinks, tobacco and its by-
products or exhibiting violence;
b. There is a written contract approved by
DOLE and such contract was concluded
by the child’s parents or legal guardians
with the express agreement of the child
concerned; and
c. The conditions prescribed above (in
number 1) are met.
An employer, who engages a child for
employment under the above exceptions, is
required under the law to first secure a work
permit issued by the DOLE having jurisdiction
over the workplace.
NOTE: No permit or certificate of employment
for those above 15 is required.
 What are the prohibitions regarding the
employment of minors?
The following are the prohibitions regarding
the employment of minors:
1. Child discrimination
2. Employment of child models in all
commercials or advertisements promoting
alcoholic beverage, tobacco and its by-
products, and violence.
3. Worst form of child labor. This refers to any
of the following:
a. All forms of slavery, as defined under
the "Anti-trafficking in Persons Act of
2003", or practices similar to slavery
such as sale and trafficking of children,
debt bondage and serfdom and forced
or compulsory labor, including
recruitment of children for use in armed
conflict; or
b. The use, procuring, offering or exposing
of a child for prostitution, for the
production of pornography or for
pornographic performances
c. The use, procuring or offering of a child
for illegal or illicit activities, including
the production and trafficking of
dangerous drugs and volatile
substances prohibited under existing
laws;
d. Work which, by its nature or the
circumstances in which it is carried out,
is hazardous or likely to be harmful to
the health, safety or morals of children.
CHAPTER III
EMPLOYMENT OF HOUSEHELPERS
NOTE: This should be read together with
the “Kasambahay Law”
 Who is a househelper?
Based on the definition of domestic or
household service under Art. 139 of the Labor
Code, a househelper refers to any person who
renders services in and about the employer’s
home and which services are usually necessary
or desirable for the maintenance and
enjoyment thereof and include ministering to
the personal comfort and convenience of the
members of the employer’s household. The
term includes family drivers, cooks,
nursemaids or family servants.
Under the Kasambahay Law, domestic
worker or “Kasambahay” refers to any person
engaged in domestic work within an
employment relationship such as, but not
limited to, the following: general househelp,
nursemaid or “yaya”, cook, gardener, or
laundry person, but shall exclude any person
who performs domestic work only occasionally
or sporadically and not on an occupational
basis.
The term shall not include children who
are under foster family arrangement, and are
provided access to education and given an
allowance incidental to education, i.e. “baon”,
transportation, school projects and school
activities.
 What are the obligations of the employer
to a kasambahay under the law?
Under RA 10361, the household employer has
the following obligations:
1. An employment contract shall be executed
by and between the domestic worker and
the employer before the commencement of
the service in a language or dialect
understood by both the domestic worker
and the employer. The domestic worker
shall be provided a copy of the duly signed
employment contract.
NOTE: Art. 140 of the Labor Code provides
that the contract shall not last for more
than two years but it may be renewed for
such periods as may be agreed upon by the
parties.
2. To treat the kasambahay with dignity, not
subject him/her to any kind of abuse or
inflict any form of physical violence or
harassment;
3. To provide the basic necessities of the
kasambahay—at least three adequate meals
a day and humane sleeping arrangements
that ensure safety;
4. To provide appropriate rest and assistance
in case of illness and injuries sustained
during the service without loss of benefits.
5. To respect the privacy of the kasambahay—
extends to all forms of communication and
personal effects;
6. To grant the kasambahay access to outside
communication during free time, or even
during work time in case of an emergency;
7. To afford the kasambahay the opportunity
to finish basic education and to allow
access to higher education or training;
8. To register all the kasambahay in the
Registry of Domestic Workers in the
barangay where the employer resides;
9. To comply with the terms and conditions of
employment, such as:
a. Health and safety
b. Daily rest period
c. Weekly rest period
NOTE: The domestic worker shall be
entitled to at least 24 consecutive hours
of rest in a week.
d. Minimum wage (P2,500 in Metro
Manila; P2,000 in chartered cities and
1st class towns; and P1,500 in other
towns)
NOTE: Payment of wages shall be made
on time directly to the domestic worker
in cash at least once a month. No
employer shall pay the wages of a
domestic worker by means of
promissory notes, vouchers, coupons,
tokens, tickets, chits, or any object
other than the cash wage as provided
for under this law.
e. 13th month pay
f. Leave benefits
NOTE: A domestic worker who has
rendered at least 1 year of service shall
be entitled to an annual service
incentive leave of 5 days with pay. Any
unused portion of said annual leave
shall not be cumulative or carried over
to the succeeding years. Unused leaves
shall not be convertible to cash.
g. Social and other benefits
NOTES: Thus, the employer has the
obligation to register the kasambahay with
PAG-IBIG, SSS and Philhealth.
Premium payments or contributions shall
be shouldered by the employer. However, if
the domestic worker is receiving a wage of
Five thousand pesos (P5,000.00) and above
per month, the domestic worker shall pay
the proportionate share in the premium
payments or contributions, as provided by
law.
The domestic worker shall be entitled to all
other benefits under existing laws.
The employer shall at all times provide
the domestic worker with a copy of the pay
slip containing the amount paid in cash
every pay day, and indicating all deductions
made, if any.
 What are the prohibitions regarding the
employment of a kasambahay?
The following are the prohibitions regarding
the employment of a kasambahay:
1. To employ as kasambahay a person less
than 15 years old.
2. To interfere with the freedom of any
domestic worker to dispose of the latter’s
wages. The employer shall not force,
compel or oblige the domestic worker to
purchase merchandise, commodities or
other properties from the employer or from
any other person, or otherwise make use of
any store or services of such employer or
any other person.
3. To withhold the wages of the domestic
worker. If the domestic worker leaves
without any justifiable reason, any unpaid
salary for a period not exceeding 15 days
shall be forfeited. Likewise, the employer
shall not induce the domestic worker to
give up any part of the wages by force,
stealth, intimidation, threat or by any other
means whatsoever.
4. To make deposits from which deductions
shall be made for the reimbursement of loss
or damage to tools, materials, furniture and
equipment in the household.
5. To place the domestic worker under debt
bondage, which refers to the rendering of
service by the domestic worker as security
or payment for a debt where the length and
nature of service is not clearly defined or
when the value of the service is not
reasonably applied in the payment of the
debt.
6. To be assigned to work in a commercial,
industrial or agricultural enterprise at a
wage rate lower than that provided for
agricultural or non-agricultural workers.
NOTE: In such cases, the domestic worker
shall be paid the applicable minimum wage.
Also, The domestic worker and the
employer may mutually agree for the
former to temporarily perform a task that is
outside the latter’s household for the
benefit of another household. However, any
liability that will be incurred by the
domestic worker on account of such
arrangement shall be borne by the original
employer. In addition, such work performed
outside the household shall entitle the
domestic worker to an additional payment
 of not less than the existing minimum wage
rate of a domestic worker. It shall be
unlawful for the original employer to
charge any amount from the said household
where the service of the domestic worker
was temporarily performed.
 May the contract of employment of the
domestic worker be terminated before its
expiration?
Neither the domestic worker nor the employer
may terminate the contract before the
expiration of the term except on reasons
allowed by law. If the domestic worker is
unjustly dismissed, the domestic worker shall
be paid the compensation already earned plus
the equivalent of 15 days work by way of
indemnity. If the domestic worker leaves
without justifiable reason, any unpaid salary
due not exceeding the equivalent 15 days work
shall be forfeited. In addition, the employer
may recover from the domestic worker costs
incurred related to the deployment expenses, if
any, provided that the service has been
terminated within 6 months from the domestic
worker’s employment.
If the duration of the domestic service is
not determined either in stipulation or by the
nature of the service, the employer or the
domestic worker may give notice to end the
working relationship 5 days before the
intended termination of the service.
The domestic worker and the employer
may mutually agree upon written notice to pre-
terminate the contract of employment to end
the employment relationship.
 May the termination of the contract be
initiated by the domestic worker? If so, on
what grounds?
The domestic worker may terminate the
employment relationship at any time before the
expiration of the contract for any of the
following causes:
a. Verbal or emotional abuse of the domestic
worker by the employer or any member of
the household;
b. Inhuman treatment including physical
abuse of the domestic worker by the
employer or any member of the household;
c. Commission of a crime or offense against
the domestic worker by the employer or
any member of the household;
d. Violation by the employer of the terms and
conditions of the employment contract and
other standards set forth under this law;
e. Any disease prejudicial to the health of the
domestic worker, the employer, or
member/s of the household; and
f. Other causes analogous to the foregoing.
 Can the employer initiate the termination
of the contract? If so, on what grounds?
An employer may terminate the services of the
domestic worker at any time before the
expiration of the contract, for any of the
following causes:
a. Misconduct or willful disobedience by the
domestic worker of the lawful order of the
employer in connection with the former’s
work;
b. Gross or habitual neglect or inefficiency by
the domestic worker in the performance of
duties;
c. Fraud or willful breach of the trust reposed
by the employer on the domestic worker;
d. Commission of a crime or offense by the
domestic worker against the person of the
employer or any immediate member of the
employer’s family;
e. Violation by the domestic worker of the
terms and conditions of the employment
contract and other standards set forth
under this law;
f. Any disease prejudicial to the health of the
domestic worker, the employer, or
member/s of the household; and
g. Other causes analogous to the foregoing.
 What are the penalties for violation of
Batas Kasambahay?
The new law provides that any violation of its
provisions shall be penalized with a fine of not
less than P10,000 but not more than P40,000.
The same is without prejudice to the filing of
an appropriate civil or criminal action by the
aggrieved party. For instance, an abused
kasambahay who sustained physical injuries
may file a complaint for serious or less serious
physical injuries before the appropriate
prosecutor’s office/court.
CHAPTER IV
EMPLOYMENT OF HOMEWORKERS
ARTICLES 151 TO 153
 Who is a homeworker?
A homeworker is one who performs in or about
his home any processing of goods or materials,
in whole or in part, which have been furnished
directly or indirectly, by an employer and
thereafter to be returned to the latter.
NOTE: The homeworker must be distinguished
from a househelper. The latter on the other
hand ministers to the personal needs and
comfort of his employer in the latter’s home.
 Josie is the confidential secretary of the
Chairman of the Board of the bank. She is
presently on maternity leave. In an
arrangement where the Chairman of the
Board can still have access to her services,
the bank allows her to work in her
residence during her leave. For this
purpose, the bank installed a fax machine
in her residence, and gave her a cellphone.
Is Josie a homeworker under the law?
No, she is actually an office worker. She is not
a homeworker who accepts work to be
fabricated or processed at home for a
contractor, which work, when finished, will be
returned to or repurchased by said contractor.
 Who is the employer of homeworkers?
Employer of homeworkers includes any person,
natural or artificial, who for his account or
benefit, or on behalf of any person residing
outside the country, directly or indirectly or
through any employee, agent, contractor,
subcontractor, or any other person delivers or
sells goods, articles or materials to be
processed or fabricated in or about a home and
thereafter repurchases the finished products.

 What are the duties of the employer in
case he contracts with another the
performance of his work?
The following are the duties of the employer in
case he contracts with another the
performance of his work:
1. It shall be the duty of the employer to
provide in such contract that the employees
or homeworkers of the contractor and the
latter’s subcontractor shall be paid in
accordance with the Labor Code.
2. Immediately upon receipt of the finished
goods or articles, the employer shall pay
the homeworker or the contractor or
subcontractor, for the work performed.
NOTE: Where payment is made to a
contractor or subcontractor, the
homeworker shall be paid within one week
after the contractor or subcontractor has
collected the goods or articles from the
homeworker.
3. If the contractor or subcontractor fails to
pay the wages or earnings of his employees
or homeworkers, the employer shall be
jointly and severally liable with the
contractor or subcontractor to the workers
of the latter, to the extent of the work
performed under the contract, in the same
manner as if the employees or
homeworkers were directly engaged by the
employer.
 What are the rights of the employer in
case the work has been improperly
executed?
The following are the rights of the employer in
case the work has been improperly executed:
1. The employer may require the homeworker
to redo the work which has been
improperly executed without having to pay
the stipulated rate again.
2. An employer, contractor, or subcontractor
need not pay the homeworker for any work
which has been done or goods and articles
which have been returned for reasons
attributable to the fault of the
homeworkers.
 Can the employer, contractor, or
subcontractor make any deduction from
the homeworker’s earnings for the value of
materials which have been lost, destroyed
or damaged?
No employer, contractor or subcontractor shall
make any deduction from the home workers
earnings for the value of materials which have
been lost destroyed, soiled or otherwise
damaged unless the ff. conditions are met:
1. The home worker is clearly shown to be
responsible for the loss or damage
2. The employee is given reasonable
opportunity to show cause why deductions
should not be made;
3. The amount of such deduction is fair and
reasonable and shall not exceed the actual
loss or damages; and
4. The deduction is made at such rate that the
amount deducted does not exceed 20% of
the home worker’s earnings in a week.
CHAPTER V
EMPLOYMENT OF NIGHT WORKERS
ARTICLES 154 TO 161
R.A. 10151 AN ACT ALLOWING THE
EMPLOYMENT OF NIGHT WORKERS.
 Who is a night worker?
A “night worker” refers to any employed
person whose work requires performance of a
substantial number of hours of night work
which exceeds a specified limit.
This chapter applies to all persons who
shall be employed or permitted or suffered to
work at night (which includes 12 midnight to
5:00 a.m.) for a period of not less than 7
consecutive hours.
Those employed in agriculture, stock
raising, fishing, maritime transport and inland
navigation are not covered.
 Can workers demand a free health
assessment before undergoing night work?
Yes. Workers, at their request, shall have the
right to undergo a health assessment without
charge and to receive advice on how to reduce
or avoid health problems associated with their
work:
1. Before taking up an assignment as a night
worker;
2. At regular intervals during such an
assignment; and
3. If they experience health problems during
such an assignment which are not caused
by factors other than the performance of
night work.
With the exception of a finding of unfitness for
night work, the findings of such assessments
shall not be transmitted to others without the
workers’ consent and shall not be used to their
detriment.
 What happens to employees who are unfit
for night work?
When transfer to similar job practicable.
Night workers who are certified as unfit for
night work, due to health reasons, shall be
transferred, whenever practicable, to a similar
job for which they are fit to work.
When transfer not practicable. If such
transfer to a similar job is not practicable,
these workers shall be granted the same
benefits as other workers who are unable to
work, or to secure employment during such
period.
Temporary unfitness. A night worker certified
as temporarily unfit for night work shall be
given the same protection against dismissal or
notice of dismissal as other workers who are
prevented from working for reasons of health.
 Can women be employed as night workers?
Yes. However, measures shall be taken to
ensure that an alternative to night work is
available to women workers who would
otherwise be called upon to perform such
work:
1. Before and after childbirth, for a period of
at least sixteen (16) weeks, which shall be
divided between the time before and after
childbirth;
 2. For additional periods, in respect of which a
medical certificate is produced stating that
said additional periods are necessary for
the health of the mother or child:
a. During pregnancy; and
b. During a specified time beyond the
period after childbirth is fixed pursuant
to subparagraph [a] above, the length of
which shall be determined by the DOLE
after consulting the labor organizations
and employers.
 What are the imposable penalties in case
During the periods mentioned above:
1. A woman worker shall not be dismissed or
given notice of dismissal, except for just or
authorized causes provided for in the Labor
Code that are not connected with
pregnancy, childbirth and childcare
responsibilities.
2. A woman worker shall not lose the benefits
regarding her status, seniority, and access
to promotion which may attach to her
regular night work position.
Pregnant women and nursing mothers may
he allowed to work at night only if a competent
physician, other than the company physician,
shall certify their fitness to render night work,
and specify, in the ease of pregnant employees,
the period of the pregnancy that they can
safely work.
2. Sleeping or resting quarters in the
establishment and
3. Transportation from the work premises to
the nearest point of their residence subject
to exceptions and guidelines to be provided
by the DOLE.
4. Appropriate social services shall be
provided for night workers and, where
necessary, for workers performing night
work.
of violations?
Any violation of R.A. 10151 and its
Implementing Rules and Regulations shall be
punished with a fine of not less than Thirty
Thousand Pesos (PhP30,000) nor more than
Fifty Thousand Pesos (PhP50,000) or
imprisonment of not less than six (6) months,
or both, at the discretion of the court. If the
offense is committed by a corporation, trust,
firm, partnership or association, or other entity,
the penalty shall be imposed upon the guilty
officer or officers of such corporation, trust,
firm, partnership or association, or entity.

The measures to ensure an alternative to

night work for women workers may include
transfer to day work where this is possible, the
provision of social security benefits or an
extension of maternity leave.

Nothing in these provisions shall have the

effect of reducing the protection and benefits
connected with maternity leave under existing
laws.

 What are the factors to be considered in

fixing the salary for night workers?
The compensation for night workers in the
form of working time, pay or similar benefits
shall recognize the exceptional nature of night
work.

 How does the employer fix the night work

schedule?
Before introducing work schedules requiring
the services of night workers, the employer
shall consult the workers’
representatives/labor organizations concerned
on the details of such schedules and the forms
of organization of night work that are best
adapted to the establishment and its personnel,
as well as on the occupational health measures
and social services which are required. In
establishments employing night workers,
consultation shall take place regularly.

 What are the mandatory facilities required

from employers?
1. Suitable first-aid facilities that shall be
made available for workers performing
night work, including arrangements where
such workers, where necessary, can be
taken immediately to a place for
appropriate treatment.