1

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LABOR STAAmor G. VenenosoNDARDS
Labor Code of the Philippines Annotated by Ungos
2.
PRELIMINARY TITLE
CHAPTER 1
GENERAL PROVISIONS

Art. 1. Name of Decree. - This Decree shall be known as the Labor

Code of the Philippines.

COMMENT:
1.

Salient Features of the Labor Code

a.
It re-orients labor laws towards Amor G.
Venenosodevelopment and employment goals;
b.
It institutionalizes the NLRC to facilitate the
speedy settlement of labor disputes;
c.
It establishes a new system of workmens
compensation;
d.
It establishes a system for employment of
overseas workers and optimizes national benefit
therefrom in the form of dollar remittances and
improved skills and technology for our people;
and
e.
It institutionalizes voluntary arbitration as a mode
of settling labor disputes.

3.

Art. 2. Date of Effectivity. This Code shall take effect six (6) months
after its promulgation.

COMMENT:
1.
-

Effectivity of the Labor Code

Promulgated on May 1, 1974
Took effect on November 1, 1974

COMMENTS:
1.

2.
COMMENT:
Reason for Affording Protection to Labor
Protection to labor is intended to raise the worker to equal
footing with the employer and shield him from abuses
brought about by the necessity for survival.
Sanchez vs. Harry Lyons employer stands on higher footing
than the employee. First, there is greater supply than demand
for labor. Second, the need for employment by labor comes
from vital and even desperate necessity.
Article 24 of the Civil Code In all contractual property or
other relations, when one of the parties is at a disadvantage

Limitations
a.
Protection to labor cannot be used as a pretext to defeat the
rights and prerogatives of an employer. Thus, the validity of
the dismissal of an employee found guilty of violating rules
designed for the safety of the employees themselves, should
be upheld because it protects labor and at the same time gives
the employer its due.
b.
Protection to labor cannot be used as an excuse to distribute
charities at the expense of an employer. Courts cannot render
judgment on the basis of sympathies and inclinations, and
consequently, distribute charities at the expense of the
employer, because our constitutional government assures the
latter against deprivation of property except in accordance
with the statues and supplementary equitable principles.
c.
Protection to labor is not available where both parties have
violated the law because in such a case, neither party is
entitled to protection.

Art. 4. Construction in Favor of Labor. All doubts in the

implementation and interpretation of the provisions of this Code,
including its implementing rules and regulations shall be resolved in
favor of labor.

Art. 3. Declaration of Basic Policy. The State shall afford

protection to labor, promote full employment, ensure equal work
opportunities regardless of sex, race or creed and regulate the
relations between workers and employers. The State shall assure the
rights of workers to self-organization, collective bargaining, security
of tenure, and just and humane conditions of work.

1.

on account of his moral dependence, ignorance, indigence,

mental weakness, tender age or other handicap, the courts
must be vigilant for his protection.
Extent of the Protection
The protective mantle is available not only against oppressive
employees but also against unscrupulous union leaders.
Heirs of Teodulo Cruz vs. CIR The union is an agent of its
members for the purpose of securing for them fair and just
wages and good working conditions and is subject to the
obligation of giving the members as its principals all
information relevant to union and labor matters entrusted to
it. In the case, the union leadership was recreant in its duty
towards the union members for failing to disclose the full
situation of their judgment credit against respondent. Fair
dealings, which is fiduciary in nature, arises from two
factors:
a.
Degree of dependence of the individual employee on
the union organization
b.
A corollary of the first; is the comprehensive power
vested in the union with respect to the individual.

3.

Reason for the Law

Doubts are resolved in favor of labor in line with the
principle that those who have less in life should have more in
law.
When conflicting interest of labor and capital are weighed on
the scales of social justice, the heavier influence of the latter
must be counter-balanced by the sympathy and compassion
the law must accord the underprivileged worker.
A contrary ruling would be a dilution and emasculation of the
protection to labor clause of the Constitution.
Applicability
Article 4 applies only when there is a doubt.
When there is no doubt, there is no room for construction.
Where the evidence is clear that an employee is not an asset
but a liability that delays production and sets a bad example
to his co-workers, the courts should not hesitate to confirm or
order his dismissal.
Limitation
The fundamental principles of due process should sternly be
applied on both the poor and the rich in order to attain proper
justice.
The benevolent policy of the law towards te employee does
not oblige courts to be unjust and unfair to employers.
.

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ART. 5. Rules and Regulations. The Department of Labor and other
government agencies charged with the administration and
enforcement of this Code or any of its parts shall promulgate the
necessary IRRs. Such RRs shall become effective 15 days after
announcement of their adoption in newspapers of general
circulation.

A grant of quasi-legislative power to the DOLE and other

govt agencies charged with the administration and
enforcement of the Labor Code or any part thereof.
POEA
National Wages and Productivity Commission
Employees Compensation Commission
NLRC
Limitation: cannot enlarge or amend the provisions of the
Labor Code
Effectivity of LC IRRs: February 3, 1975

ART. 6. Applicability. All rights and benefits granted to workers

under this Code shall, except as may otherwise be provided herein,
apply alike to all workers, whether agricultural or non-agricultural.

The LC applies only to employees in the private sector, whether

agricultural or non-agricultural.
Government employees: Civil Service Law
GOCCs created by special charter: Civil Service Law
GOCCs organized under the Corporation Law: LC
To be covered by the LC, there must be employer-employee
relationship.
E-E criteria: (Viana v. Al-Lagadan)
1.
Selection and engagement of employee
Hiring
Written contract, not necessary
An understanding that one is to render service to the
other, and a recognition by them of the right of one to
order and control the other is sufficient
2.
Payment of wages
Wages remuneration of earnings
Considered wages if paid in consideration of:
a) The labor being performed
b) The results or finished work
3.
Power of dismissal
Person hired is subjected to the rules of discipline of the
employer
4.
Power to control the employees conduct
Most important element
Control test: the person for whom the services are
performed reserves the rights to control not only the
end to be achieved but also the means to be used in
reaching such end.
The control should be on both the means and the end

Insurance agents:
1.
Salaried personnel who keep definite hours and work
under the control and supervision of the company E-E
relationship exists
2.
Registered representatives who work on commission
basis no E-E relationship

The nature of the relationship between a company and its

collecting agents depends on the circumstances of each
particular relationship.

There exists an E-E relationship between a corporation and

an in-house lawyer as they are paid regular salaries

E-E relationship exists between a school and its professors.

The school has control over the work of the professors and
the latter are compensated for their services by wages or
salaries rather than by profits.

No E-E relationship exists between working students and the

colleges or universities. Such rule applies only to labor
controversies, not to civil suits for damages arising from a
tortuous act of a working student.
E-E relationship between resident physicians and training
hospitals exists, unless:
1.
There is training agreement between them
2.
The training program is duly accredited or approved by
the appropriate government agency
E-E relationship exists between hospitals and their
consultants only for purposes of allocating responsibility in
medical negligence cases
E-E relationship between a jeepney owner and driver under
the boundary system exists.
There is no E-E relationship between a shipping company
and the workers of stevedoring or arrastre company, unless
the same in fact acted as agent only.
An E-E relationship is created by contract and cannot be
forced upon either party simply upon order of a labor arbiter.
Any competent and relevant evidence may be admitted as
proof of E-E relationship.
The E-E relationship is deemed suspended in the ff cases:
1.
When the employee is under suspension, either as a
disciplinary penalty or as a preventive measure during
the pendency of a disciplinary proceedings against him
2.
During off season, in case of regular seasonal
employees
3.
When an employee is laid-off for a period not
exceeding 6mos due to suspension of business
operations
4.
When an employee fulfills a civic or military duty
Termination of E-E relationship:
1.
Dismissal
2.
Resignation or abandonment of employment
3.
Expiration of employment period
Factors that do not interrupt employment relationship:
1.
Leave of absence with pay
2.
Illegal dismissal
3.
Strike
CHAPTER II
Emancipation of Tenants

Art. 7. Statement of objectives. Inasmuch as the old concept of land

ownership by a few has spawned valid and legitimate grievances
that gave rise to violent conflict and social tension and the redress of
such legitimate grievances being one of the fundamental objectives
of the New Society, it has become imperative to start reformation
with the emancipation of the tiller of the soil from his bondage.
Art. 8. Transfer of lands to tenant-workers. Being a vital part of the
labor force, tenant-farmers on private agricultural lands primarily
devoted to rice and corn under a system of share crop or lease
tenancy whether classified as landed estate or not shall be deemed
owner of a portion constituting a family-size farm of five (5)
hectares, if not irrigated and three (3) hectares, if irrigated.
In all cases, the land owner may retain an area of not
more than seven (7) hectares if such landowner is cultivating such
area or will now cultivate it.
Art. 9. Determination of land value. For the purpose of determining
the cost of the land to be transferred to the tenant-farmer, the value
of the land shall be equivalent to two and one-half (2-1/2) times the
average harvest of three (3) normal crop years immediately

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preceding the promulgation of Presidential Decree No. 27 on
October 21, 1972.
Title I
RECRUITMENT AND PLACEMENT OF WORKERS

The total cost of the land, including interest at the rate of

six percent (6%) per annum, shall be paid by the tenant in fifteen
(15) years of fifteen (15) equal annual amortizations.
In case of default, the amortization due shall be paid by
the farmers cooperative in which the defaulting tenant-farmer is a
member, with the cooperative having a right of recourse against
him.

Chapter I
GENERAL PROVISIONS
Art. 13. Definitions.
a. "Worker" means any member of the labor force, whether
employed
or
unemployed.

The government shall guarantee such amortizations with

shares of stock in government-owned and government-controlled
corporations.

b. "Recruitment and placement" refers to any act of canvassing,

enlisting, contracting, transporting, utilizing, hiring or
procuring workers, and includes referrals, contract
services, promising or advertising for employment, locally
or abroad, whether for profit or not: Provided, That any
person or entity which, in any manner, offers or promises
for a fee, employment to two or more persons shall be
deemed engaged in recruitment and placement.

Art. 10. Conditions of ownership. No title to the land acquired by the

tenant-farmer under Presidential Decree No. 27 shall be actually
issued to him unless and until he has become a full-pledged member
of a duly recognized farmers cooperative.
Title to the land acquired pursuant to Presidential Decree
No. 27 or the Land Reform Program of the Government shall not be
transferable except by hereditary succession or to the Government
in accordance with the provisions of Presidential Decree No. 27, the
Code of Agrarian Reforms and other existing laws and regulations.

c. "Private fee-charging employment agency" means any person

or entity engaged in recruitment and placement of workers
for a fee which is charged, directly or indirectly, from the
workers
or
employers
or
both.

Art. 11. Implementing agency. The Department of Agrarian Reform

shall promulgate the necessary rules and regulations to implement
the provisions of this Chapter.

d. "License" means a document issued by the Department of

Labor authorizing a person or entity to operate a private
employment
agency.

BOOK I
e. "Private recruitment entity" means any person or association
engaged in the recruitment and placement of workers,
locally or overseas, without charging, directly or
indirectly, any fee from the workers or employers.

PRE-EMPLOYMENT
Art. 12. Statement of objectives. It is the policy of the State:
a. To promote and maintain a state of full employment through
improved manpower training, allocation and utilization;

f. "Authority" means a document issued by the Department of

Labor authorizing a person or association to engage in
recruitment and placement activities as a private
recruitment
entity.

b. To protect every citizen desiring to work locally or overseas

by securing for him the best possible terms and conditions
of
employment;

g. "Seaman" means any person employed in a vessel engaged in

maritime
navigation.

c. To facilitate a free choice of available employment by

persons seeking work in conformity with the national
interest;

h. "Overseas employment" means employment of a worker

outside
the
Philippines.

d. To facilitate and regulate the movement of workers in

conformity
with
the
national
interest;

i. "Emigrant" means any person, worker or otherwise, who

emigrates to a foreign country by virtue of an immigrant
visa or resident permit or its equivalent in the country of
destination.

e. To regulate the employment of aliens, including the

establishment of a registration and/or work permit system;

f. To strengthen the network of public employment offices and

rationalize the participation of the private sector in the
recruitment and placement of workers, locally and
overseas, to serve national development objectives;
g. To insure careful selection of Filipino workers for overseas
employment in order to protect the good name of the
Philippines abroad.

Recruitment and placement

Refers to any act of hiring or procuring workers.
It includes:
a.
Referrals
b.
Contract services
c.
Promising or advertising a local or
overseas job
Number of persons dealt with, not essential

Recruitment and placement

The agency merely engages a job

Contracting/Subcontracting
The contractor/subcontractor

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applicant for the purpose of
placing him with another
employer
Needs a license or authority from
the DOLE

1. To formulate and develop plans and programs to

implement the employment promotion
objectives
of
this
Title;

undertakes a specific job or service

for a principal with the use of its
own employees
Doesnt

2. To establish and maintain a registration and/or

licensing system to regulate private sector
participation in the recruitment and placement
of workers, locally and overseas, and to secure
the best possible terms and conditions of
employment for Filipino contract workers and
compliance therewith under such rules and
regulations as may be issued by the Minister of
Labor;

Art. 14. Employment promotion. The Secretary of Labor shall have the
power and authority:
a.

To organize and establish new employment offices in

addition to the existing employment offices under the
Department
of
Labor
as
the
need
arises;

b.

To organize and establish a nationwide job clearance and

information system to inform applicants registering with a
particular employment office of job opportunities in other
parts of the country as well as job opportunities abroad;

c.

To develop and organize a program that will facilitate

occupational, industrial and geographical mobility of labor
and provide assistance in the relocation of workers from one
area
to
another;
and

d.

To require any person, establishment, organization or

institution to submit such employment information as may be
prescribed by the Secretary of Labor.

Purpose: to ensure the availability of adequate employment

services so that employment could be maximized through
efficient organization of the labor market.
Functions of public employment office:
1.
Provide free placement of workers applying for
both domestic and overseas employment
2.
Provide adequate vocational guidance and testing
services to persons seeking help in choosing or
changing an occupation
3.
Classify registered applicants in accordance with
job titles and codes of Philippine Standard
Classification
4.
Arrange for the training or retraining of
unemployed applicants in occupation or trades
where they are suitably qualified and where they
have greater prospects of employment.
5.
Arrange for inter-area placements of unemployed
workers through a nationwide job clearance and
information system
6.
Furnish the Bureau of Local Employment or
POEA with list of registered job applicants
Employers with at least 6 employees are obliged to submit a
monthly report to the nearest public employment office, on
the ff:
1.
List of existing job vacancies or openings
2.
List of new employees, if there are any
3.
Termination, lay-off or retirement
4.
Total number of employed workers for the period;
and
5.
Request for assistance, if needed to fill vacancies
or openings

3.

To formulate and develop employment

programs designed to benefit disadvantaged
groups
and
communities;

4.

To establish and maintain a registration and/or

work permit system to regulate the
employment
of
aliens;

5.

To develop a labor market information system in

aid of proper manpower and development
planning;

6.

To develop a responsive vocational guidance

and testing system in aid of proper human
resources
allocation;
and

7.

b. (Repealed
c.

To maintain a central registry of skills, except

seamen.
by

E.O.

797)

The Minister of Labor shall have the power to impose and

collect fees based on rates recommended by the Bureau of
Employment Services. Such fees shall be deposited in the
National Treasury as a special account of the General
Fund, for the promotion of the objectives of the Bureau of
Employment Services, subject to the provisions of Section
40 of Presidential Decree No. 1177.

Art. 16. Private recruitment. Except as provided in Chapter II of this

Title, no person or entity other than the public employment offices, shall
engage in the recruitment and placement of workers.

Purpose: intended to eliminate malpractices in the

recruitment and placement of workers and to enable the
Government to have a firmer control of the labor market.
Gen. Rule: only public employment offices can engage in
recruitment and placement of workers, whether for local or
overseas employment.
Exception: the private sector is given the privilege to engage
in recruitment and placement, but limited to the ff:

Art. 15. Bureau of Employment Services.

a.
a. The Bureau of Employment Services shall be primarily
responsible for developing and monitoring a
comprehensive employment program. It shall have the
power and duty:

Private employment agency

refers to any person or entity engaged in the
recruitment and placement of workers for a fee which is
charged directly or indirectly, from the workers or
employers or both.

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b.

Private recruitment entity

refers to any person or association engaged in the
recruitment and placement of workers, locally or
overseas, without charging, directly or indirectly, any
fee from the workers or employers.

c.

Shipping or manning agency

refers to any person, partnership, or corporation duly
licensed by the Secretary of DOLE or his duly
authorized representative to recruit and deploy seafarers
for maritime employment.

d.

It has original and exclusive jurisdiction to hear and decide:

a.
All cases which are administrative in character,
involving or arising out of violations of recruitment
laws, rules and regulations, including refund of fees
collected from workers and violation of the conditions
for the issuance of license to recruit landbased overseas
workers or seafarers; and
b.
Disciplinary action cases against migrant workers or
seafarers, foreign employers and principals that are
administrative in character.

Decisions of the POEA are appealable to the Secretary of

Labor and Employment within 15 days from receipt of
decision.

4.

Recruitment Violations
4.1
Against Land-based Overseas Workers
4.2
Against Seafarers

5.

Grounds for Disciplinary Action

5.1
Against Foreign Employers
Workers

Such other persons or entities as may be authorized by

the Secretary of DOLE

Art. 17. Overseas Employment Development Board.-An Overseas

Employment Development Board is hereby created to undertake, in
cooperation with relevant entities and agencies, a systematic
program for overseas employment of Filipino workers in excess of
domestic needs and to protect their rights to fair and equitable
employment practices. It shall have the power and duty:
To promote the overseas employment of Filipino workers
through a comprehensive market promotion and development
program;

The following are the grounds for disciplinary action against

foreign principals or employers of land-based workers:
a.
Default on its contractual obligations to the migrant
worker and/or to its Philippine agent.
b.
Gross violation of laws, rules and regulations on
overseas employment
c.
Gross negligence leading to serious injury or illness or
death of the worker
d.
Grave misconduct
e.
Conviction of an offense involving moral turpitude
f.
Any other case analogous to the foregoing.

A foreign employer or principal against whom a complaint

for disciplinary action has been filed shall be temporarily
disqualified from participating in the overseas employment
program until he submits to the jurisdiction of the POEA

Once the foreign employer or principal submits to the

jurisdiction of the POEA, particularly upon filing of an
answer in the disciplinary action proceedings, he shall again
be qualified to participate in the overseas employment
program without prejudice to the outcome of the
investigation whereby the proper penalty shall be imposed.

However, if the evidence of guilt is strong and there is

reasonable ground to believe that the continued deployment
to the principal or employer will result to further violation or
exploitation of migrant workers, a principal or employer may
be suspended (preventively) from participating in the
overseas recruitment program pending investigation of the
disciplinary action case.

If the penalty of suspension or disqualification is imposed

through an order, decision or resolution, the foreign employer
or principal shall be disqualified from participating in the
overseas employment program unless cleared by the POEA
or the penalty imposed is lifted.
5.2
Against Overseas Land-based Workers

The following are the grounds for disciplinary actions against

overseas land-based workers:
a.
Pre-employment Offenses
i.
Using, providing or submitting false information
or documents for purposes of job application or
employment
ii. Unjustified refusal to depart for the worksite after
all employment and travel documents have been
duly approved by the appropriate government
agencies.

To act as secretariat for the Board of Trustees of the

Welfare and Training Fund for Overseas Workers.

COMMENTS:
1.
2.
3.

Overseas Employment Development Board Now Abolished

E.O. No. 797 promulgated on May 1, 1982 abolished the
Overseas Employment Development Board (OEDB).
The Philippine Overseas Employment Administration
(POEA) was created instead.
POEA took over functions of OEDB and overseas functions
of Bureau of Employment Services.
Overseas Employment
means employment of a worker outside the Philippines under
a valid contract.
A worker who holds an overseas employment is commonly
called a migrant worker.
Migrant worker not only refer to land-based workers but also
to seafarers.
The definition of overseas employment does not make any
distinction regarding the nationality of the employer.
It is not essential that the principal employer should be a
foreigner or non-Filipino in order that an employee could be
considered to be holding an overseas employment.
The rationale for this is that Filipinos working overseas share
the same risks and burdens, whether their employers are
Filipino or non-Filipino.
Eastern Shipping Lines vs. POEA

The Philippine Overseas Employment Administration (POEA)

POEA is the regulatory body for overseas employment.

Land-based

To secure the best possible terms and conditions of

employment of Filipino contract workers on a government-togovernment basis and to ensure compliance therewith;
To recruit and place workers for overseas employment on
a government-to-government arrangement and in such other sectors
as policy may dictate; and

of

b.

Offenses During Employment

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i.
ii.
iii.
iv.

Commission of a felony or crime punishable by

Philippine laws or by the laws of the host country.
Unjustified breach of employment contract
Embezzlement of company funds or monies
and/or properties of a fellow worker for delivery
to kin or relatives in the Philippines.
Violation of the sacred practices of the host
country

A respondent worker subject of a pending complaint for

disciplinary action, or those against whom a warrant of arrest
or hold departure order is issued by competent authority shall
be disqualified from overseas employment unless temporarily
cleared.

Upon filing of an answer the disciplinary action proceedings,

the respondent worker shall be qualified for overseas
employment without prejudice to the outcome of the
investigation whereby the proper penalty may be imposed.

If the evidence of guilt is strong and the charge involves a

serious offense, the migrant worker may be preventively
suspended during the pendency of the disciplinary
proceedings.

If the penalty of suspension or disqualification is imposed

through an order, decision or resolution, the worker shall be
disqualified from overseas employment unless cleared by the
POEA or the penalty imposed had been lifted.

5.3
Against Foreign Principals or Employers of
Seafarers
The following are the grounds for disciplinary action against
foreign principals or employers of seafarers:
a.
Default on its contractual obligations to the seafarer
and/or to its Philippine agent
b.
Gross violation of laws, rules and regulations on
overseas employment
c.
Grave misconduct
d.
Conviction of an offense involving moral turpitude
e.
Gross negligence leading to serious injury or illness or
death of the seafarer
f.
Any other case analogous to the foregoing
A foreign employer or principal against whom a complaint
for disciplinary action has been filed shall be temporarily
disqualified from participating in the maritime employment
program until he submits to the jurisdiction of the POEA
Once the principal or employer submits to the jurisdiction of
the POEA, particularly upon filing of an answer in the
disciplinary action proceedings, he shall again be qualified to
participate in the maritime employment program without
prejudice to the outcome of the investigation whereby the
proper penalty shall be imposed.
But if the evidence of guilt is strong and there is reasonable
ground to believe that the continued deployment to the
principal or employer will result to further violation or
exploitation of seafarers, the principal or employer may be
suspended (preventively) from participating in the overseas
recruitment program pending investigation of the disciplinary
action case when.
If the penalty of suspension or disqualification had been
imposed through an order, decision or resolution, the foreign
employer or principal shall be disqualified from participating
in the maritime employment unless cleared by the POEA or
the penalty imposed is lifted.
5.4
Against Seafarers
The following are the grounds for disciplinary action against
seafarers:
a.
Pre-employment Offenses
i.
Submission/furnishing or using false information
or documents or any form of misrepresentation
for purpose of job application or employment
ii. Unjust refusal to join ship after all employment
and travel documents have been duly approved

b.

Offenses During Employment

1.
Smuggling or violation of any customs rule and
regulations of the Philippines and of foreign ports
i.
Smuggling any taxable item
ii. Possession or use of prohibited drugs,
narcotics and other contraband
iii. Gun-running or possession of explosives
and the like
iv. Abetting or conniving with others to commit
smuggling
v.
Misdeclaration of or failing to declare
articles leading to their seizure and fine to
vessel
vi. Misdeclaration of or failing to declare
articles leading to their seizure but vessel is
not implicated
vii. Possession of pornographic materials
leading to its seizure and fine to the vessel
viii. Any other violation which will not implicate
the vessel
ix. Any violation which will implicate the
vessel
2.
Desertion
i.
Deserting or attempting to desert
employment
ii.
Advising, assisting or persuading another
to desert employment
3.
Absence without leave
i.
Abandoning the post or duty without being
properly relieved
ii.
Leaving vessel without permission from
responsible officers during working hours
iii.
Entrusting to others assigned duties without
authority of the department head
iv.
Leaving vessel without permission
4.
Sleeping on post while on duty
5.
Insubordination
i. Any act of disobedience to lawful orders of a
superior officer
ii.
Attempting to assault a superior officer
iii.
Assaulting a superior officer/other persons
on business with the ship without the use of
deadly weapon
iv.
Assaulting a superior officer/other persons
on business with the ship with the use of
deadly weapon
v.
Behaving with disrespect towards a superior
officer
vi.
Insulting a superior officer by words or deed
vii.
Inciting another to commit insubordination
6.
Drunkenness
i.
Being drunk while on duty
ii.
Creating trouble on board due to
intoxication
iii.
Failure to perform assigned jobs due to
intoxication
7.
Creating trouble outside the vessels premises
8.
Gambling
i.
Which results in fighting or any incident as
to upset the harmonious relationship on
board the vessel
ii.
Any form of gambling which is not purely
recreational
9.
Violation of company policies
i.
Pilferafe or theft of ships store or cargo
ii.
Embezzlement of company funds or
monies and/ or properties of a fellow
worker entrusted for delivery to kin or
relatives in the Philippines
iii.
Unauthorized disposal of company vessels
properties for personal gain
iv.
Any act of dishonesty with intention to
defraud the company

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v.

6.
-

The POEA has no jurisdiction to hear and decide a suit for

enforcement of a judgment rendered by a foreign court.
Action of this nature should be brought before the regular
courts of justice.

7.
-

Gross negligence and failure to observe

proper storage and cargo handling
procedures resulting in delay of vessels
and/or damage to cargoes
vi.
Failure to observe and comply with
regulation and non-baggage shipment and
acceptance of parcels on board.
vii.
Failure to observe regulations on
expiration of liberty
viii.
Being left behind by vessel in foreign port
without justifiable reason
ix.
Disorderly conduct and/or disrespect
towards passengers
x.
Immorality as to cast aspersion on the good
name of the vessel and company
xi.
Willfully inflicting harm or injury to others
10. Incompetency and inefficiency
11. Inciting mutiny, malicious destruction of ships
property at any activity which will hamper the
efficient operation of the vessel
12. Converted action to breach approved contracts
13. Any activity which tends to destroy harmonious
relationship of the company
14. Grave abuse of authority
i.
Grave abuse of authority (with use of deadly
weapon) resulting in harm or injury to
subordinate
ii.
Grave abuse of authority (without use of
deadly weapon) resulting in harm or injury
to subordinate
iii.
Any other case of abuse of authority
15. Other gross misbehaviors prejudicial to good
order and discipline
16. Negligence causing damage, loss, spoilage or
deterioration of vessels stocks and property
17. Connivance with of cuddling of stowaway
18. Willfully making false statement, reports,
certification or spurious seafarers documents for
personal gain or with intent to mislead or defraud
the company
19. Any other cases as to cast aspersion on the good
name of the company and vessel
20. Violation of safety and environmental rules and
regulations
21. Failure to observe the drug and alcohol policy of
the company.
Enforcement of a Foreign Judgment

Power of POEA to Recruit and Place Workers

The POEA has the power to recruit and place workers on a
government-to-government arrangement, particularly with
regard to the hiring requirements of foreign government
instrumentalities.
It may recruit and place workers for foreign employers in
such sectors as the policy may dictate.

Art. 18.Ban on direct-hiring.- No employer may hire a Filipino

worker for overseas employment except through the Boards and
entities authorized by the Secretary of Labor. Direct-hiring by
members of the diplomatic corps, international organizations and
such other employers as may be allowed by the Secretary of Labor is
exempted from this provision.

COMMENTS:

1.
-

Rationale for the Law

Art. 18 is intended to enable the monitoring of overseas
contract workers and
to ensure that Filipino overseas workers are afforded fair and
equitable recruitment and employment practices thereby
assuring the best terms and conditions of employment and
facilitating the enforcement of employment contracts.

2.
-

Exception to the Ban on Direct-Hiring

prohibition against direct hiring of overseas workers does not
apply to workers hired by:
a.
members of the diplomatic corps;
b.
international organizations; and
c.
other employers who may be allowed by the Secretary
of Labor and Employment to directly hire their
workers.

3.
-

Name Hire
A name hire is a worker who is able to secure an overseas
employment on his own without the assistance or
participation of any agency.

4.
-

Registration of Name Hires

Name hires should register with the POEA by submitting the
following documents:
a.
Employment contract
b.
Valid passport
c.
Employment visa or work permit, or equivalent
document
d.
Certificate of medical fitness
e.
Certificate of attendance to the required employment
orientation/ briefing.

Article 19.Office of Emigrant Affairs. - Pursuant to the national

policy to maintain close ties with Filipino migrant communities and
promote their welfare as well as establish a data bank in aid of
national manpower policy formulation, an Office of Emigrant
Affairs is hereby created in the Department of Labor. The Office
shall be a unit at the Office of the Secretary and shall initially be
manned and operated by such personnel and through such funding
as are available within the Department and its attached agencies.
Thereafter, its appropriation shall be made part of the regular
General Appropriations Decree.
The office shall, among others, promote the well-being of
emigrants and maintain their close link to the homeland by:
serving as a liaison with migrant communities;
provision of welfare and cultural services;
promote and facilitate re-integration of migrants into the
national mainstream;
promote economic; political and cultural ties with the
communities; and
generally to undertake such activities as may be
appropriate to enhance such cooperative links.

COMMENTS:
Superseded by Batas Pambansa Blg. 79

Article 20.National Seamen Board. - A National Seamen Board is

vmbt
hereby created which shall develop and maintain a comprehensive
program for Filipino seamen employed overseas. It shall have the
power and duty:

1.

To provide free placement services for seamen;

To regulate and supervise the activities of agents or
representatives of shipping companies in the hiring of seamen for
overseas employment and secure the best possible terms of
employment for contract seamen workers and secure compliance
therewith;

2.

To maintain a complete registry of all Filipino seamen.

The Board shall have original and exclusive jurisdiction
over all matters or cases including money claims, involving
employer-employee relations, arising out of or by virtue of any law
or contracts involving Filipino seamen for overseas employment.
The decisions of the Board shall be appealable to the National Labor
Relations Commission upon the same grounds provided in Article
223 hereof. The decisions of the National Labor Relations
Commission shall be final and inappealable.

COMMENTS:
Repealed by Executive Order No. 797

Article 21.Foreign service role and participation.- To provide ample

protection to Filipino workers abroad, the labor attaches, the labor
reporting officers duly designated by the Secretary of Labor and the
Philippine diplomatic or consular officials concerned shall, even
without prior instruction or advice from the home office, exercise
the power and duty:
To provide all Filipino workers within their jurisdiction
assistance on all matters arising out of employment;

3.

Reason for the Law

Art. 21 is intended to protect the overseas workers by
ensuring that they are not exploited or discriminated against.
The protection of the Filipino migrant worker and the
promotion of their welfare, in particular, and the protection of
the dignity and fundamental rights and freedoms of Filipino
citizens abroad, in general, shall be the highest priority
concerns of the Secretary of Foreign Affairs and the
Philippine Foreign Service Posts.
Country-Team Approach
As enunciated under Executive Order No. 74 series of 1993,
the country-team approach shall be the mode under which
Philippine embassies or their personnel will operate in the
protection of the Filipino migrant workers as well as in the
promotion of their welfare.
-

All officers, representatives and personnel of the Philippine

government posted abroad regardless of their mother
agencies shall, on a per country basis, act as one countryteam with a mission under the leadership of the ambassador

The ambassador may recommend to the Secretary of DFA the

recall of officers, representatives and personnel of the
Philippine government posted abroad for acts inimical to the
national interest such as, but not limited to failure provide the
necessary services to protect the right of overseas Filipinos.

Services Available to Migrant Filipino Workers

To protect and promote the welfare of migrant Filipino
workers, the following services are being extended by the
government:
a.

Travel Advisory / Information Dissemination - all

embassies and consular offices, through POEA, are
obliged to issue travel advisories on labor and
employment conditions, migration realities and other
facts. This is intended to prevent illegal recruitment,
fraud and exploitation or abuse of Filipino migrant
workers.

b.

Repatriation of Workers The Overseas Workers

Welfare Administration (OWWA), shall undertake the
repatriation of workers in case of war, epidemic,
disasters or calamities natural or man-made, and other
similar events without prejudice to reimbursement by
the responsible principal or agency. In case the
principal or agency cannot be identified, all costs
attendant to repatriations shall be borne by the OWWA.

c.

Mandatory Repatriation of Underage Migrant Workers

upon discovery or being informed of the presence of
migrant workers whose actual ages fall below the
minimum age requirement for overseas deployment, the
responsible officers in foreign service shall without
delay repatriate said workers and advise the DFA
through the fastest means of communication available
of such discovery and other relevant information.
Migrant Workers and Other Overseas Filipinos
Resource Center within the premise of and under the
administrative jurisdiction of the Philippine embassy
where there are large concentrations of Filipino migrant
workers, a Migrant Workers and Other Overseas
Filipinos Resource Center have been established for the
purpose of extending the following services:

To insure that Filipino workers are not exploited or

discriminated against;
To verify and certify as requisite to authentication that
the terms and conditions of employment in contracts involving
Filipino workers are in accordance with the Labor Code and rules
and regulations of the Overseas Employment Development Board
and National Seamen Board;
To make continuing studies or researches and
recommendations on the various aspects of the employment market
within their jurisdiction;
To gather and analyze information on the employment
situation and its probable trends, and to make such information
available; and
To perform such other duties as may be required of them
from time to time.

d.

i.
ii.
iii.

COMMENTS:

Counseling and legal services

Welfare assistance including the procurement of
medical and hospitalization services.
Information, advisory and programs to promote
social integration such as post-arrival orientation,
settlement and community networking services
and activities for social interaction

vmbt
iv.

Institute a scheme of registration of

undocumented workers to bring them within the
purview of the Migrant Workers and Overseas
Filipinos Act of 1995
v.
Human resource development, such as training
and skills upgrading
vi. Gender sensitive programs and activities to assist
particular needs of women migrant workers
vii. Orientation program for returning workers and
other migrants
viii. Monitoring of daily situations, circumstances and
activities affecting migrant workers and other
overseas Filipinos.

4.

c.

POEA The POEA shall regulate private sector

participation in the recruitment and overseas placement
of workers by setting up a licensing and registration
system. It shall also formulate and implement, in
coordination with appropriate entities concerned, when
necessary, a system for promoting and monitoring the
overseas employment of Filipino workers taking into
consideration their welfare and domestic manpower
requirements.

d.

The center is open for 24 hours daily including Saturdays,

Sundays and holidays, and staffed by foreign service
personnel, service attaches or officers who represent other
Philippine government agencies abroad and if available,
individual volunteers and bona fide non-government
organizations from the host countries.

The Center has a counterpart 24-hour information and

assistance at the DFA to ensure a continuous network and
coordinative mechanism at the home office.

OWWA The Welfare Officer or in his absence, the

coordinating officer, shall provide the Filipino migrant
worker and his family all the assistance they may need
in the enforcement of contractual obligations by
agencies or entities and/or their principals. In the
performance of this function, he shall make
representation and may call on the agencies or entities
concerned to conference or conciliation meetings for
the purpose of settling the complaints or problems
brought to his attention.

The Legal Assistant for Migrant Workers Affairs

The Legal Assistant for Migrant Workers Affairs (which is
under the DFA) is primarily responsible for the provision and
overall coordination of all legal assistance services to be
provided to Filipino migrant workers as well as overseas
Filipinos in distress. Among the functions and responsibilities
of the Legal Assistant are:

Article 22.Mandatory remittance of foreign exchange earnings.- It

shall be mandatory for all Filipino workers abroad to remit a
portion of their foreign exchange earnings to their families,
dependents, and/or beneficiaries in the country in accordance with
rules and regulations prescribed by the Secretary of Labor.

a.
b.

c.

d.

e.
-

5.

and whenever applicable, to other overseas Filipinos

including the grant of legal assistance and referral to
proper medical centers or hospitals.

To issue guidelines, procedure and criteria for the

provision of legal assistance services to Filipino
migrant workers
To establish close linkages with the DOLE, POEA,
OWWA and other government agencies concerned, as
well as non governmental organizations assisting
migrant workers, to ensure effective coordination and
cooperation in the provision of legal assistance to
migrant workers
To tap the assistance of reputable law firms and the
Integrated Bar of the Philippines and other bar
associations to complement the governments efforts to
provide legal assistance to migrant workers
To administer the legal assistance fund for migrant
workers and authorize disbursements therefrom in
accordance with the purposes for which the fund was
set up
To keep and maintain the shared government
information system form migrant workers.

The Legal Assistant for Migrant Workers Affairs is

authorized to hire private lawyers, domestic or foreign, in
order to assist him in the effective discharge of his functions.

Role of Government Agencies

The following government agencies shall perform the
following to promote the welfare and protect the rights of
migrant workers and, as far as practicable, all overseas
Filipinos:
a.

b.

DFA The Department, through its home office or

foreign posts, shall take priority action or make
representation with the foreign authority concerned to
protect the rights of migrant workers and other overseas
Filipinos and extend immediate assistance including the
repatriation of distressed or beleaguered migrant
workers and other overseas Filipinos.
DOLE The Department of Labor and Employment
shall see to it that labor and social welfare laws in the
foreign countries are fairly applied to migrant workers

COMMENTS:
1.

2.

Remittance of Portion of the Workers Foreign Exchange Earnings

Art. 22 makes it mandatory for all overseas Filipino workers
to remit a portion of their foreign exchange earnings to their
families, dependents and beneficiaries.
a.
80% of basic salary for seamen or mariners
b.
70% of basic salary for workers of Filipino
contractors and construction companies
c.
70% of basic salary for doctors, engineers, teachers,
nurses and other professional workers whose
employment contracts provide for free board and
lodging facilities
d.
50% of basic salary for other professionals whose
employment contracts do not provide for free board and
lodging
e.
50% of basic salary for domestics and other service
workers
f.
50% of basic salary for other workers not falling
under the aforementioned categories.
Exceptions to the Remittance Requirement
The following workers are not obliged to remit a portion of
their foreign exchange earnings:
a.
Workers whose immediate family members, dependents
or beneficiaries are residing with him abroad
b.
Filipino servicemen working in the U.S. military
installations
c.
Immigrants and Filipino professionals and employees
working with the United Nations agencies or
specialized bodies.

Article 23.Composition of the Boards. - The OEDB shall be

composed of the Secretary of Labor and Employment as Chairman,
the Undersecretary of Labor as Vice-Chairman, and a
representative each of the Department of Foreign Affairs, the
Department of National Defense, the Central Bank, the Department

10

vmbt
of Education, Culture and Sports, the National Manpower and
Youth Council, the Bureau of Employment Services, a workers
organization and an employers organization and the Executive
Director of the OEDB as members.
The National Seamen Board shall be composed of the
Secretary of Labor and Employment as Chairman, the
Undersecretary of Labor as Vice-Chairman, the Commandant of the
Philippine Coast Guard, and a representative each of the
Department of Foreign Affairs, the Department of Education,
Culture and Sports, the Central Bank, the Maritime Industry
Authority, the Bureau of Employment Services, a national shipping
association and the Executive Director of the NSB as members.
The members of the Boards shall receive allowances to be
determined by the Board which shall not be more than P2,000.00
per month.
The Boards shall be attached to the Department of Labor
for policy and program coordination. They shall each be assisted by
a Secretariat headed by an Executive Director who shall be a
Filipino citizen with sufficient experience in manpower
administration, including overseas employment activities. The
Executive Director shall be appointed by the President of the
Philippines upon the recommendation of the Secretary of Labor and
shall receive an annual salary as fixed by law. The Secretary of
Labor shall appoint the other members of the Secretariat.
The Auditor General shall appoint his representative to
the Boards to audit their respective accounts in accordance with
auditing laws and pertinent rules and regulations.

COMMENTS:
Repealed by Executive Order No. 797

Article 24.Boards to issue rules and collect fees.- The Boards shall
issue appropriate rules and regulations to carry out their functions.
They shall have the power to impose and collect fees from employers
concerned, which shall be deposited in the respective accounts of
said Boards and be used by them exclusively to promote their
objectives.

COMMENTS:
Superseded by Executive Order No. 247

CHAPTER 2

resources and initiative in the development and implementation of a

comprehensive employment program, the private employment
sector shall participate in the recruitment and placement of
workers, locally and overseas, under such guidelines, rules and
regulations as may be issued by the Secretary of Labor.

COMMENTS:
1.

Recruitment and Placement of Employees for Local Employment

A private recruitment and placement agency for local
employment can engage in recruitment and placement only
under the following conditions:
a.
It must have a license to operate as a recruitment and
placement agency.
b.
It must have an authority to engage in recruitment
activities in a particular region.
1.1

Procedure for Obtaining a License

A person desiring to operate a private employment
agency for local employment should:
a.
File an application for license with the
Regional Office of the Department of Labor
and Employment having jurisdiction over
the place where the applicant seeks to
establish his main office
b.
Pay a filing fee of P500, if single proprietor
or P2000, if corporation or partnership
The following documents should be attached to the
application for license:
a.
Certified copy of the Certificate of
Registration of firm or business name from
the DTI, in the case of a single
proprietorship, or a certified copy of the
Articles of Incorporation duly registered
with the SEC, in the case of a partnership or
corporation
b.
A sworn statement of assets and liabilities
and/or a duly audited financial statement, as
the case may be
c.
Owners certificate/titleof office location or
contract of lease of office space for at least 2
years.
d.
NBI clearance of the applicant, or the
partners in the case of partnership or all the
officers and members of the Board of
Directors, in the case of corporation
e.
Income tax return for the last 2 years
f.
A verified undertaking that the applicant
shall:
i.
Not engage in recruitment of children below 15
years of age or place children below 18 years old
in hazardous occupation in accordance with RA
No. 7610 as amended by RA No. 7658 and other
related laws
-

ii.

Assume full responsibility for all claims and

liabilities which may arise in connection with the
use of the license.
g.

REGULATION OF RECRUITMENT AND PLACEMENT

ACTIVITIES
h.
Article 25.Private sector participation in the recruitment and
placement of workers.- Pursuant to national development objectives
and in order to harness and maximize the use of private sector

i.

Organizational structure and list of all

officers and personnel with their respective
bio-data, 2 passport-size ID pictures and a
detailed description of their duties and
responsibilities
Specific address and location map of the
Office or proposed Office
List of all authorized representatives, if any,
who must be at least high school graduate,
with their corresponding bio-date, 2
passport-size ID pictures, high school

11

vmbt

1.2

diploma or other proof of educational

attainment
duly
authenticated,
NBI
clearance and Special Power of Attorney.
Within 15 days from the issuance of the license, the
employment agency shall publish once in a
newspaper of general circulation the license number,
names and pictures of authorized representatives and
submit a copy thereof to the DOLE
The license (original or a copy thereof) shall be
displayed conspicuously at all times in the premises
of the private recruitment and placement agency
In addition to the foregoing requirements, an
applicant for a license to operate a private
recruitment and placement agency for local
employment
must
possess
the
following
qualifications:
a.
The owner, partners or officers of the
corporation must be of good moral character
and not otherwise disqualified by law
b.
Must have an office space with a minimum
floor area of 50 square meters.
Duration of License
- The license of a private employment agency
for local employment is valid for 2 years from
date of issuance, subject to submission of
proof of publication.
- The license is valid all over the Philippines.
1.3 Renewal of License
- The license of a private employment agency
for local employment may be renewed not
later than 30 days before its expiration.
- A private employment agency will not be
allowed to renew its license:
a. If it has been convicted by the regular
courts for violation of the Labor Code, as
amended, and its Implementing Rules
b. If its license has been previously revoked.
1.4 Conduct of Recruitment
Apart from the license, a private employment
agency for local employment is obliged to
secure an authority to recruit workers within a
particular region.
The authority to recruit shall be terminus with
the license, unless sooner revoked/canceled
by the issuing Regional Office or terminated
by the Agency.
The authority to recruit may be obtained by
filing with the Regional Office of the DOLE
having jurisdiction over the place where the
recruitment activities will be undertaken, an
application for authority to recruit with the
following supporting documents:
a. Letter request by the agency
b. Copy of current license
c. Certification under oath of licensee on the
proposed recruitment activities of the
representative
d. NBI clearance and bio-data of the
representative with 2 ID pictures
e. Clearance from previous agency, if
applicable
f. Previous authority to recruit in case of
renewal.
- The application (new or renewal) may be
denied on any of the following grounds:
a. Non-compliance with the requirements
b. Unresolved illegal recruitment case
c. Pendency of case against the applicant or
the agency
Duly authorized representatives of a private recruitment and
placement agency for local employment can engage in
recruitment activities if their names are registered with the
Regional Office of the DOLE. Steps to be followed in the
recruitment of workers for local employment are:

a.

2.

The Agency or its duly authorized

representative shall present to the PESO,
Provincial and District Office where the
recruitment activity is to be undertaken, a
copy of existing license, and original
copy of authority to recruit issued by the
Regional Office concerned.
b. The representative shall require the
recruit to submit a copy of each of the
following:
i.
Birth certificate from the local civil registrar
ii. Medical certificate issued by a government
physician or by a reputable private medical
practitioner
c. The
Agency
or
its
authorized
representative and the recruit shall enter
into a recruitment contract, duly notarized
a copy of which shall be submitted to the
Regional Office where recruitment
activity was undertaken.
d. The Agency or its duly authorized
representative shall submit a list of the
names and addresses of its recruits
together with a copy of their birth
certificates and medical certificates, to
the Regional offices or the appropriate
Provincial
District
Office
where
recruitment
was
undertaken
for
appropriate authentication and validation.
Copies of these documents shall be
furnished to the Regional Office of
destination of the recruit.
e. After the recruitment activity, the
Regional Office of origin shall issue a
certification to the Agency or its duly
authorized representative that the
recruitment activity has been in
accordance with the rules, copy furnished
the
Marine
Policy/Coast
Guard/Philippine National Police, as the
case may be.
f. Provide to the recruit with a stamped
envelope form indicating the name,
address of recruit and the name, address,
telephone number of his/her employer to
be sent to the parent.
g. Prior to deployment, the Regional Office
of origin shall notify the Regional Office
of destination of the arrival of the
recruits, and the latter shall see to it that
the terms and conditions of the
recruitment contract are followed strictly.
Recruitment and Placement of Employees for Overseas
Employment
2.1 For Land-Based Overseas Employment
A private employment agency for land-based overseas
employment can engage in recruitment and placement only
under the following conditions:
a. It should have a license to operate
b. It should recruit and place workers only
for foreign principals or projects
registered and accredited by the POEA.
2.2 For Overseas Maritime Employment
A manning agency for overseas maritime employment can
engage in recruitment and placement only under the
following conditions:
a. It should have a license to operate
b. It should recruit and place seafarers only
for foreign principals registered and
accredited by the POEA.
c. It should place seafarers only on vessels
that are enrolled with the POEA.
2.3 Procedure for Obtaining a License

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vmbt
2.3.1

For
Land-Based
Overseas
Employment
- A person desiring to operate a
private employment agency
for
land-based
overseas
employment should
a. File an application for
license with the POEA
b. Pay a filing fee of P10000
- The following documents
should be attached to the
application for license
a. Certified copy of Articles
of
Incorporation
or
Articles of Partnership
duly registered with the
Securities and Exchange
Commission (in case of a
corporation
or
partnership) or Certificate
of Registration of firm or
business name with the
DTI (in case of a single
proprietorship)
b. Proof of financial capacity
consisting of
For single proprietorship
or partnership verified
income tax returns for the
past 2 years and a savings
account
certificate
showing a maintaining
balance of not less than
P500k accompanied by
the
applicants
authorization to examine
such bank deposit.
For newly organized
corporation Savings
account
certificates
showing a maintaining
balance of not less than
P500k accompanied by an
authorization to examine
such bank deposits
For existing corporation
Verified
financial
statement, corporate tax
returns for the past 2 years
and
savings
account
deposit of at least P500k
accompanied
by
an
authorization to examine
such deposit.
c.

Proof
of
marketing
capability of:
i. A duly executed
Special Power of
Attorney and/ or a
duly
concluded
Recruitment/ Service
Agreement
ii. Manpower request or
visa
certification
from new employer

d.

e.

or principal for not

less than 100 workers
iii. Certification
from
Pre-employment
Services Office of the
POEA
on
the
existence of the new
market.
Clearance of all members
of the Board of Directors,
partner or proprietor of
the applicant agency from
the National Bureau of
Investigation and other
government agencies as
may
be
required;
appropriate clearance in
case of persons with
criminal cases; provided
that where the member or
partner concerned is a
foreigner, a clearance
from his country of origin
shall be required
A verified undertaking
that the applicant shall:
i. Select only medically
and
technically
qualified recruits
ii. Assume full and
complete
responsibility for all
claims and liabilities
which may arise in
connection with the
use of license
iii. Assume joint and
solidary liability with
the employer for all
claims that may arise
in connection with
the implementation of
the
contract,
including but not
limited to, payment
of wages, death and
disability
compensation
and
repatriation
iv. Guarantee
compliance with the
existing labor and
social legislations of
the Philippines and of
the
country
of
employment
of
recruited workers
v. Assume full and
complete
responsibility for all
acts of its officials,
employees
and
representatives done
in connection with
recruitment
and
placement
vi. Negotiate for the best
terms and conditions
of employment
vii. Disclose the full
terms and conditions
of employment to the
applicant workers

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2.3.2

viii. Deploy at least 100

workers to its new
markets within 1 year
from the issuance of
its license
ix. Provide orientation
on
recruitment
procedures, terms and
conditions and other
relevant information
to its workers and
provide
facilities
therefore
x. Repatriate
the
deployed workers and
his
personal
belongings when the
need arises.
f.
Verified undertaking by
its officers, directors,
partners (in case of
corporations
or
partnerships) that they
will be jointly and
severally liable
g.
Individual income tax
return of the proprietor,
partners,
stockholders/incorporator
s, as the case may be for
the past 2 years
h.
Proof of possession by the
sole proprietor, partner or
chief executive officer, as
the case may be, of a
bachelors degree and 3
years business experience.
i.
List of all officials and
persons involved in the
recruitment
and
placement, together with
their appointment, biodata and 2 copies of their
passport-sized pictures as
well as their clearances
from the NBI and the
Anti-Illegal Recruitment
Branch of the POEA
j.
Copy of the Contract of
Lease or proof of building
ownership, indicating the
office address, providing
for an office space of at
least 100 square meters.
k.
Proof of publication of
notice of the application
with the names of the
proprietor,
partners,
incorporators or officers
l.
Certificate of attendance
of owner and/or chief
executive officer in a preapplication
seminar
conducted by the POEA.
For
Overseas
Maritime
Employment
A person desiring to operate a
manning agency for overseas
employment should
a. File an application for
license with the POEA
b. Pay a filing fee of P10k

The following documents

should be attached to the
application for license
a. Certified copy of Articles
of
Incorporation
or
Articles of Partnership
duly registered with the
SEC (in case of a
corporation
or
partnership) or Certificate
of Registration of firm or
business name with the
DTI (in case of single
proprietorship)
b. Proof of financial capacity
(check book)
c. Proof
of
marketing
capability (check book)
d. Clearance of all members
of the Board of Directors,
partner or proprietor of
the applicant agency from
the NBI, Anti-Illegal
Recruitment Branch of the
POEA
and
other
government agencies as
the need may require;
provided that where the
member
or
partner
concerned is a foreigner, a
clearance
from
his
country of origin shall be
required
e. Verified undertaking that
the applicant shall:
i. Provide its seafarers
orientation
on
recruitment policies
and procedures, terms
and conditions of
employment
and
other
relevant
information
ii. Ensure
that
any
seafarer recruited or
deployed by them is
qualified and holds
the
documents
necessary for the job
concerned
iii. Ensure that contracts
of employment are in
accordance with the
standard employment
contract and other
applicable
laws,
regulations
and
collective bargaining
agreements
iv. Ensure that seafarers
are informed of their
rights and duties
under their contracts
of employment and
the
duties
of
agreement prior to or
in the process of
engagement
v. Ensure that proper
arrangements
are
made for seafarers to
examine
their
contracts
of
employment
and

14

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f.

articles of agreement
before and after they
are signed and for
them to receive a
copy of the contract
of employment
vi. Ensure that the vessel
and the crew are
adequately covered
by P&I Club or
similar insurance thru
the submission of the
certificate
of
insurance coverage
vii. Assume full and
complete
responsibility for all
claims and liabilities
which may arise in
connection with the
use of license
viii. Assume joint and
solidary liability with
the employer for all
claims that may arise
in connection with
the implementation of
the
contract,
including but not
limited to, payment
of wages, death and
disability
compensation
and
repatriation
ix. Guarantee
compliance with the
applicable
labor,
social and maritime
legislations of the
Philippines, and the
applicable regulations
of the flag state and
international
organizations such as
the
international
Maritime
Organization (IMO)
and the International
Labor Organization
x. Assume full and
complete
responsibility for all
acts of its officials,
employees
and
representatives done
in connection with
recruitment
and
placement
xi. Deploy at least 50
workers to its new
markets within 1 year
from the issuance of
its license which shall
also be a condition to
the accreditation of
old principals
xii. Repatriate
the
deployed workers and
his
personal
belongings when the
need arises.
Verified undertaking by
its officers, directors,
partners that they will be

a.

jointly and severally liable

with the company over
claims
arising
from
employer-employee
relationship
g. Individual income tax
return of the proprietor,
partners,
stockholders/
incorporators, as the case
may be for the past 2
years.
h. Proof of possession by the
sole proprietor, partner or
chief executive officer, as
the case may be, of a
bachelors degree and 3
years business experience.
i. List of all officials and
persons involved in the
recruitment
and
placement, together with
their appointment, biodata and 2 copies of their
passport-sized pictures as
well as their clearances
from the NBI and AntiIllegal
Recruitment
Branch of the POEA
j. Copy of the Contract of
Lease or proof of building
ownership, indicating the
office address, providing
for an office space of at
least 100 square meters
k. Proof of publication of
notice of the application
with the names of the
proprietor,
partners,
incorporators or officers
l. Certificate of attendance
of owner and/or chief
executive officer in a preapplication
seminar
conducted by the POEA.
2.3.3
For POCB-Registered Company
- POCB-registered companies
with overseas projects duly
accredited by the POCB
should:
a.
File an application for
license with the POEA
b.
Pay a filing fee of P10k
and post a surety bond of
P50k and escrow deposit
of P200k, upon approval
of the application
- The following documents
should be attached to the
application for license
a.
Articles of Incorporation
b.
Certified true copy of its
POCB
certificate
of
registration
c.
Proof of payment of nonrefundable fee of P10k
POCB-registered companies without POCB-accredited
overseas projects shall follow the normal requirements for
obtaining a license or renewal thereof.
Duration of license:
For overseas land-based employment 4 yrs form the date of
issuance. The license is valid only in the place specified
therein

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vmbt
b.
c.

For overseas maritime employment - 4 yrs form the date of

issuance. The license is valid only in the place specified
therein
For POCB-registered companies - 4 yrs form the date of
issuance and is co-terminus with the validity of the POCB
registration
Provisional license a permit issued to a new recruitment or
manning agency for a limited period of 1 yr, within which
period, the agency shall comply with its undertaking to
deploy 100 land-based workers or 50 seafarers to its new
marker.
Non-compliance will result in the expiration of the
provisional license.
Renewal of license may be made on or before its expiration.
If made thereafter, 30 days from the expiry thereof, subject to
payment of fine of 10k.
If the application for the renewal of license has been timely
and sufficiently filed, the existing license shall not expire
until the application shall have been finally determined by the
POEA.

Conduct of recruitment for land-based overseas workers:

Can recruit employees only in behalf of foreign
principals or projects that are registered and
accredited by the POEA. To do otherwise may
result in the suspension or cancellation of license.

Registration procedure:
a.
Submit to the Philippine Overseas Labor Office
(POLO) the ff documents for verification:
1.
SPA issued by the principal or employer to the
Philippine agency, or recruitment agreement or
service agreement
2.
Master employment contract
3.
Manpower request indicating the position and
salary of the workers to be hired
4.
Valid business license, registration certificate or
equivalent document
b.
File with the POEA, an application for registration,
with the supporting documents (nos. 1, 2, and 3)

Registration is valid for a period of 4 yrs, unless sooner

revoked or cancelled by the POEA on any of the ff grounds:
(FFEP)
a.
Expiration of the principals business license
b.
Pre-termination of the Agreement, upon written mutual
agreement by the parties
c.
False documentation or misrepresentation in connection
with the application for registration, and
d.
Final judgment in disciplinary action against the foreign
principal
Verification refers to act performed by a POLOfficer, or
any other officer designated by the Sec of DOLE in the
Philippine embassy or consulate, in reviewing and verifying
the recruitment documents of foreign principals, including
the employment contracts of Filipino nationals.
A foreign principal that acts as direct employer may be
registered to more than one Philippine agency, under the ff
conditions:
1.
A uniform compensation package shall be adopted by
the principal and the agency
2.
The principal has a verified job order at least 50
workers; or
3.
That the principal must have hired at least 50 workers
within a period one yr immediately preceding the
registration
A principal that is licensed to operate as foreign replacement
agency by its government may be registered to a maximum

of 2 Philippine agencies, provided that under the preceding

conditions.
The registration of a foreign placement agency may be
transferred to another agency, provided that:
a.
The compensation package previously approved by the
POEA shall be maintained; and
b.
The transferee shall assume full and complete
responsibility for all contractual obligations of the
principals to its workers originally recruited and
processed by the former agency.

Accreditation procedure:
a.
SPA
b.
Master employment contract
c.
Manpower request
d.
Valid business license
e.
Visa assurance

The accreditation of a foreign principal, employer or project

shall be valid for 4 yrs, unless sooner revoked or cancelled by
the POEA on the grounds provided for the cancellation or
revocation of a license.

A manning agency for overseas maritime employment can

recruit workers only in behalf of foreign principals that are
registered and accredited by the POEA and to vessels that are
enrolled with the POEA. To do otherwise may result in the
suspension or cancellation of license.

A principal may be registered to a maximum of 3 manning

agencies provided that a minimum wage and compensation
package shall be adopted by the principal for all seafarers
employed through the agencies taking into consideration the
type of the vessel and its operations.

The registration of a principal and/or enrolment of vessel

may be transferred to another agency, provided that:
a.
The transfer does not involve diminution of wages and
benefits of the seafarers hired through the previous
agency
b.
The transferee shall assume full and complete
responsibility for all contractual obligations of the
principal to the seafarers originally recruited and
processed by the former agency.

Prior to the transfer of registration, the POEA must notify the

previous agency and principal of such application for
transfer.

Only duly licensed manning agencies may file an application

for accreditation of principals and enrolment of ships. In the
absence of a POLO in the principal place of business of the
foreign employers or vessel owner/mngr/operator to verify
the manning documents, accreditation shall be conducted at
the POEA.
Authentication of documents of foreign principals shall be
undertaken by any of the ff:
a.
Appropriate official of the Philippine embassy or
consulate, or the authorized Philippine foreign
representative, in the absence of a Philippine mission;
or
b.
Appropriate official of any designated government
ministries or offices of the host country.

Accreditation procedure:
a.
File an application with the ff documents:
1.
Authenticated manning agreement and SPA
2.
List of ship and their particulars including IMO
numbers
3.
Crew complement of the principal and their
corresponding wage scales

16

vmbt
4.
5.

valid business license

other documents which the administration may
find necessary
The accreditation shall be valid for a period of 4 yrs from the
date of issuance, unless sooner revoked by the POEA on the
grounds provided therefor.
The expiration of the agencys license merely suspends the
accreditation until the renewal of the license
Provisional accreditation 90 days
A principal may be accredited to a maximum of 3 manning
agencies, provided that a uniform wage and compensation
package shall be adopted by the principal fort all seafarers
employed through the agencies taking into consideration the
type of vessel and its operations
The accreditation of a principal and/or the enrolment of a
vessel may be transferred to another agency, provided:
a.
Such transfer shall not involve diminution of benefits
and wages of the seafarers hired through the previous
agency
b.
The transferee agency shall assume full and complete
responsibility to all contractual obligations of the
principal of such application for such transfer
In case of change of vessel or management involving a
change in the principal, the agency of the new principal
automatically assumes full and complete responsibility over
all seafarers originally recruited and deployed by the
previous agent, if the seafarers opt to sign an employment
contract with the new principal. Otherwise, the agency shall
retrain full responsibility over the contractual obligation of its
principal.
The accreditation may be renewed upon request by the
agency, provided that the documents required for initial
accreditation are still valid.
Licensed employment or manning agencies may advertise for
actual job vacancies without prior approval from the POEA,
if covered by manpower requests by registered/accredited
foreign principals and projects.
Licensed employment or manning agencies may advertise for
manpower pooling without prior approval from POEA.
Foreign principals/employers who wish to advertise overseas
job vacancies may do so only through a POEA-licensed
agency or through the POEA.
Documentation of workers:
For new hires (land-based)
The ff documents shall be submitted to the POEA
for documentation of new hires:
1.
Request for processing, indicating the
names, positions and salaries of
workers using the prescribed form of
the POEA.
2.
Standard employment contract
3.
Other documents that the POEA may
find necessary
An employment or manning agency shall deploy its hired
workers/seafarers within 60 days from the date of issuance of
the overseas employment certificate. Failure on the part of
the recruitment or manning agency to deploy a worker within
the prescribed period may result in imposition of sanctions
ranging from reprimand to cancellation of license.
If the deployment of the worker/ seafarer does not materialize
within 30 days from the lapse of the period to deploy, the
agency shall report the non-deployment and the reasons
therefor and apply to the POEA for the cancellation of the
workers processed documents. If the deployment of the
worker/seafarer does not materialize due to his fault, the
agency may charge the worker for actual expenses incurred
in connection with his recruitment, duly supported by official
receipts.

The parties to an overseas employment contract may stipulate

terms and conditions that are more beneficial to the worker
than the minimum.

It is a basic right of all workingmen to seek greater benefits

not only for themselves but for their families as well.

GR: the repatriation of land-based workers or seafarers and

the transport of their personal belongings shall be the primary
responsibility of the agency which recruited or deployed the
worker.
Exception: if due to the fault of the worker

The joint and several liability imposed by law against

recruitment agencies and foreign employers is meant to
assure the aggrieved worker of immediate and sufficient
payment of what is due to him.
Exceptions:
a.
When the workers were the ones who persuaded the
recruitment agency to send back abroad despite their
knowledge that the foreign employer might not be able
to pay their wages because of financial difficulties and
they agreed not to hold the agency responsible therefor.
b.
When the workers were recruited by the supposed
recruitment agency without the latters consent.

Art. 27. Citizenship requirement. Only Filipino citizens or corporations,

partnerships or entities at least seventy-five percent (75%) of the
authorized and voting capital stock of which is owned and controlled by
Filipino citizens shall be permitted to participate in the recruitment and
placement of workers, locally or overseas.

Persons disqualified from engaging in overseas recruitment:

1.
Travel and sales agencies of airline companies
2.
Officers or members of the board or any corporation or
members of a partnership engaged in the business of a
travel agency
3.
Corporations and partnerships, when any of its officers,
board members or partners is also an officer, board
member, or partner of a corporation engage in the
business of a travel agency.
4.
Persons, partnerships or corporations which have
derogatory records
5.
Any official or employee of the DOLE, POEA,
OWWA, DFA and other government agencies directly
involved in the implementation of RA 8042 and/or their
relatives within the 4th civil degree of consanguinity or
affinity; and
6.
Persons, partners, officer, and directors of corporations
whose license has been previously revoked or cancelled
for violation of recruitment laws.

Foreigners cannot engage in recruitment and placement

The privilege to engage in recruitment and placement or
workers, whether for local or overseas employment, is
available only to Filipino citizens or to corporations,
partnerships or entities with at least 75% of the authorized
and voting capital stock owned and controlled by Filipino
citizens.

Art. 28. Capitalization. All applicants for authority to hire or renewal of

license to recruit are required to have such substantial capitalization as
determined by the Secretary of Labor.

Recruitment agency for local employment:

200k in the case of single proprietorship
500k in the case of a corporation

17

vmbt

responsibility for all acts of the agent or representative

done in connection with the recruitment and placement
of workers or seafarers.

Recruitment or manning agency for overseas employment:

2M for single proprietorship
5M for corporations

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 be transferred, conveyed or assigned to any other
person or entity. Any transfer of business address, appointment or
designation of any agent or representative including the establishment of
additional offices anywhere shall be subject to the prior approval of the
Department of Labor.

Limitations on the use of license or authority:

1.
A license or authority cannot be used directly or
indirectly by any person other than the one in whose
favor it was issued
2.
It cannot be issued in any place other than that
specified in the license or authority
3.
It cannot be transferred, conveyed or assigned to any
person or authority

Change of officers and personnel for overseas employment

shall be registered with the POEA 30 calendar days from the
date of such change.

Art. 30. Registration fees. The Secretary of Labor shall promulgate a

schedule of fees for the registration of all applicants for license or
authority.

Recruitment agency for local employment 5k

Recruitment or manning agency for overseas employment
50k

Art. 31. Bonds. All applicants for license or authority shall post such
cash and surety bonds as determined by the Secretary of Labor to
guarantee compliance with prescribed recruitment procedures, rules and
regulations, and terms and conditions of employment as may be
appropriate.

Effect of death of a sole proprietor

The license may be extended upon request of the
heirs only for the purpose of winding up its
business, in order to prevent disruption of
operations and so as not to prejudice the interest
of legitimate heirs
A private recruitment and placement agency for local
employment desiring to transfer ownership of the agency
should surrender its license to the issuing regional office of
the DOLE

Purposes:
1.
To secure all valid and legal claims arising from a
violation of the conditions of the grant and use of the
license, accreditation and contracts of employment.
2.
Intended to guarantee compliance with the LC and its
IRRs relative to the recruitment and placement

Transfer or change of ownership of a single proprietorship

licensed to engage in overseas employment shall
automatically revoke the license.

A change in the relationship of the partners in a partnership

duly licensed to engage in overseas employment which
materially interrupts the course of the business or results in
the actual dissolution of the partnership, shall automatically
cause the revocation of the license.

Amount of bond for recruitment agency for local

employment: (prior to the approval of license)
a.
Cash bond 25k
b.
Surety bond 100k
The bonds and escrow shall answer for all the valid and legal
claims arising from violations of the conditions for the grant
and use of license and/or accreditation and contracts of
employment.
The bonds and escrow shall likewise guarantee compliance
with the provisions of Philippine laws and all liabilities that
the POEA may impose.
Appeal bond:
a.
Art. 223
a requirement for the perfection of an appeal.
Intended to insure the payment of monetary award
in the event that the judgment is affirmed on
appeal
b.
Art. 31
not limited to monetary awards by employees
Against which the POEA can go for violations by
the recruiter of the conditions for its license, the
provisions of the LC, the rules of the POEA as
well as the settlement of other liabilities the
recruiter may incur.
Intended to answer only for employment-related
claims and for violations of labor laws. Therefore,
it cannot be garnished to satisfy a claim against a
recruitment agency that is not employment-related
or does not pertain to violation of labor laws.

Recruitment or manning agencies for overseas employment

organized as single proprietorship may convert into a
corporation for the purpose or upgrading their capabilities to
respond adequately to developments in the international
labor market and to enable them to better comply with their
responsibilities.

The approval of the merger, consolidation or upgrading shall

automatically revoke or cancel the license of the single
partnership.

Duly authorized representatives of a private recruitment and

placement agency for local employment can engage in
recruitment activities if their names are registered with the
regional office of the DOLE.

Every appointment of agents of a licensed recruitment or

manning agency for overseas employment shall be subject
to the approval or authority by the POEA. Said approval
may be obtained by submitting the ff documents:
1.
Proposed appointment or SPA
2.
Clearance of the proposed representative from the NBI
and the Anti-illegal recruitment branch of the POEA;
and
3.
Sworn or verified statement by the designating or
appointing person or company assuming full

A recruiter agency who appeals a judgment of the POEA or

Labor Arbiter to the NLRC is still obliged to post a bond in
an amount equivalent to the monetary award as required by
Article 223 of the LC, notwithstanding the fact that it has
already posted a bond under Art. 31 of the LC.

Art. 32. Fees to be paid by workers. Any person applying with a private
fee-charging employment agency for employment assistance shall not be
charged any fee until he has obtained employment through its efforts or
has actually commenced employment. Such fee shall be always covered

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vmbt
with the appropriate receipt clearly showing the amount paid. The
Secretary of Labor shall promulgate a schedule of allowable fees.

Placement fees
a.
For local employment not exceed 20% of the
workers 1st months basic salary.
b.
For overseas land-based employment an amount
equivalent to 1 month salary, except where the
prevailing system in the country where the worker is to
be deployed, either by law, practice or policy, does not
allow the charging or collection of placement and
recruitment fee.
Service fees
a.
For local employment charged against the employer
which shall not exceed 20% of the annual salary of the
worker.
b.
For overseas employment charged against their
principals to cover services rendered in the recruitment,
documentation and placement of workers or seafarers.
The principal shall be responsible for the payment of
the ff:
1.
Visa fee
2.
Airfare
3.
POEA processing fee
4.
OWWA membership fee
The power of the secretary of DOLE to order the suspension
of license carries with it the power to refund such fees as may
have been illegally collected.

Art. 33. Reports on employment status. Whenever the public interest

requires, the Secretary of Labor may direct all persons or entities within
the coverage of this Title to submit a report on the status of employment,
including job vacancies, details of job requisitions, separation from jobs,
wages, other terms and conditions and other employment data.

g.

To obstruct or attempt to obstruct inspection by the Secretary

of Labor or by his duly authorized representatives;

h.

To fail to file reports on the status of employment, placement

vacancies, remittance of foreign exchange earnings,
separation from jobs, departures and such other matters or
information as may be required by the Secretary of Labor.

i.

To substitute or alter employment contracts approved and

verified by the Department of Labor from the time of actual
signing thereof by the parties up to and including the periods
of expiration of the same without the approval of the
Secretary of Labor;

j.

To become an officer or member of the Board of any

corporation engaged in travel agency or to be engaged
directly or indirectly in the management of a travel agency;
and

k.

To withhold or deny travel documents from applicant

workers before departure for monetary or financial
considerations other than those authorized under this Code
and its implementing rules and regulations.

Art. 34 is confined to persons engaged in recruitment and

placement of workers for local employment, the penalty of
which is provided in art. 39 of the LC.

Acts enumerated constitute illegal recruitment, regardless of

whether or not the offender is a licensee of holder of
authority.

With regard to persons engaged in recruitment of workers for

overseas employment, the applicable law is Sec. 6 of the
Migrant Workers and Overseas Filipinos Act of 1995.

The acts enumerated in Sec. 6 of the MWOFA of 1995

constitute illegal recruitment regardless of w/n the offender is
a licensee of holder of authority.

A mere attempt to induce a worker to quit his job through

offering him another one constitutes a violation of Art. 34.

If the purpose of the inducement is to liberate the worker

from oppressive terms and conditions of employment, he will
not incur liability.

The pari de licto doctrine shall not apply in cases of

overcharging allowable fees

Alteration of employment contracts without the approval of

the Secretary of DOLE or the POEA is prohibited under
Article 43 (i) of the LC.

The authority given to the Sec of DOLE under this article can
be exercised only when public interest requires. This can be
justified as an exercise of police power.

Art. 34. Prohibited practices. It shall be unlawful for any individual,

entity, licensee, or holder of authority:
a.

b.

To charge or accept, directly or indirectly, any amount greater

than that specified in the schedule of allowable fees
prescribed by the Secretary of Labor, or to make a worker
pay any amount greater than that actually received by him as
a loan or advance;
To furnish or publish any false notice or information or
document in relation to recruitment or employment;

c.

To give any false notice, testimony, information, document,

or commit any act of misrepresentation for the purpose of
securing a license or authority under this Code.

d.

To induce or attempt to induce a worker already employed to

quit his employment in order to offer him to another unless
the transfer is designed to liberate the worker from
oppressive terms and conditions of employment;

e.

To influence or to attempt to influence any person or entity

not to employ any worker who has not applied for
employment through his agency;

f.

To engage in the recruitment or placement of workers in jobs

harmful to public health or morality or to the dignity of the
Republic of the Philippines;

The limitation is intended to insure that the employee is not placed in a

disadvantageous position
Art. 35. Suspension and/or cancellation of license or authority. The
Minister of Labor shall have the power to suspend or cancel any license
or authority to recruit employees for overseas employment for violation
of rules and regulations issued by the Ministry of Labor, the Overseas
Employment Development Board, or for violation of the provisions of
this and other applicable laws, General Orders and Letters of
Instructions.

Grounds for suspension or cancellation of license:

1.
Recruitment agency for local employment:

19

vmbt
a.
b.
c.
d.
e.
2.

3.

Violation of the conditions of license

Engaging in acts of misrepresentation
for the purpose of securing a license or
the renewal thereof.
Continuous operation despite due
notice that the license has expired
Incurring two suspensions based on
final and executory orders
Engaging in labor-only contracting as
defined in Art. 106 of the LC; etc.

Recruitment agency for land-based overseas

employment:
a.
Deploying under-aged workers
b.
Deploying workers to principals not
accredited by the POEA
c.
Falsifying or altering travel documents
of applicant worker in relation to
overseas recruitment activities
d.
Withholding of workers salaries or
remittances without justifiable reasons
or shortchanging of remittances
e.
Failure to comply with the undertaking
to provide Pre-Departure Orientation
Seminar to workers; etc
Manning agency for overseas seafarers:
a.
Transfer or change of ownership of a
single proprietorship licensed to
engage in overseas employment
b.
Falsifying or altering travel documents
of applicant seafarer in relation to
recruitment activities
c.
Appointing or designating agents,
representatives or employees without
prior approval from the POEA
d.
Failure to deploy a seafarer within the
prescribed period without valid reason
e.
Disregard of orders, notices, and other
processes issued by the POEA

Penalties imposed, as the case may be:

1.
Reprimand
2.
Suspension of license (2 mos to 6 mos)
3.
Suspension of license (6mos and 1 day to 1 yr)
4.
Cancellation of license

The penalty shall carry the accessory penalty of refund of the

fee charged or collected from the worker, in case of nondeployment.
In addition or in lieu of the penalty of suspension of license,
the POEA may impose the penalty of fine which shall be
computed at P10k for every month of suspension
A manning agency found guilty of committing an offense
regardless of the number or nature of charges, against 5 or
more complainants in a single case shall be imposed the
penalty of cancellation of license.

Art. 37. Visitorial Power. The Secretary of Labor or his duly authorized
representatives may, at any time, inspect the premises, books of accounts
and records of any person or entity covered by this Title, require it to
submit reports regularly on prescribed forms, and act on violation of any
provisions of this Title.

Purpose: to insure the protection of job-seekers from

unscrupulous recruiters.

Usually conducted:
a.
Before issuance of license
b.
In case of transfer of office
c.
Upon receipt of complaint for violation of existing RRs
Violation: appropriate sanction or denial of application for
renewal of license
Inspectors must present to the agency their Authority to
Inspect stating in detail the purpose and subject of inspection.

Art. 38. Illegal recruitment.

a. Any recruitment activities, including the prohibited practices
enumerated under Article 34 of this Code, to be
undertaken by non-licensees or non-holders of authority,
shall be deemed illegal and punishable under Article 39 of
this Code. The Department of Labor and Employment or
any law enforcement officer may initiate complaints under
this Article.
b. Illegal recruitment when committed by a syndicate or in large
scale shall be considered an offense involving economic
sabotage and shall be penalized in accordance with Article
39
hereof.
Illegal recruitment is deemed committed by a syndicate if
carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction, enterprise
or scheme defined under the first paragraph hereof. Illegal
recruitment is deemed committed in large scale if
committed against three (3) or more persons individually
or as a group.
c. The Secretary of Labor and Employment or his duly
authorized representatives shall have the power to cause
the arrest and detention of such non-licensee or nonholder of authority if after investigation it is determined
that his activities constitute a danger to national security
and public order or will lead to further exploitation of jobseekers. The Secretary shall order the search of the office
or premises and seizure of documents, paraphernalia,
properties and other implements used in illegal
recruitment activities and the closure of companies,
establishments and entities found to be engaged in the
recruitment of workers for overseas employment, without
having been licensed or authorized to do so. (Declared
unconstitutional in Salazar v. Achacoso)

Chapter III
MISCELLANEOUS PROVISIONS
Art. 36. Regulatory power. The Secretary of Labor shall have the power
to restrict and regulate the recruitment and placement activities of all
agencies within the coverage of this Title and is hereby authorized to
issue orders and promulgate rules and regulations to carry out the
objectives and implement the provisions of this Title.

Implicit in this power is the authority to award appropriate

relief to victims of offenses committed by recruitment
agencies, especially the refund or reimbursement of such fees
as may have been fraudulently or illegally collected, or such
goods or services imposed and accepted in excess of what is
licitly prescribed.

Recruitment activities refer to any act of canvassing,

enlisting, contracting, transporting, utilizing, hiring or
procuring workers. It includes referrals, contract services,
promising or advertising for employment, locally or abroad,
whether for profit or not.

It is enough that the recruiter gives the impression of his

ability to enlist workers for job placement abroad.

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There is illegal recruitment:

a.
When a person who is not a holder of license or
authority engages in recruitment activities
b.
When a person, w/n a holder of a license or authority,
commits any of the prohibited practices enumerated in
Article 34 of the LC or those enumerated in Section 6
of the Migrant Workers Act of 1995, in case of overseas
employment.
Qualified illegal recruitment:
a.
If its committed by a syndicate, i.e., carried out by a
group of 3 or more persons conspiring or confederating
with one another in carrying out any illegal or unlawful
recruitment activity; or
b.
If it is committed by a large scale, i.e., if committed
against 3 or more persons, individually or as a group.

Illegal recruitment, if committed by a syndicate or in a large

scale, is considered an offense involving economic sabotage,
hence, a higher penalty is imposed.

A person who violates Art. 13 (b) and Art. 34 of the LC can

be charged and convicted separately of illegal recruitment
and estafa because the former is malum probihitum where
criminal intent is not necessary for conviction and the latter is
malum in se where criminal intent of the accused is necessary
for conviction.

Prescription of action:
a.
Art. 290 of the LC (local employment)- 3 yrs
b.
Migrant 5 yrs, except those involving economic
sabotage which prescribe in 20 yrs

The SC, in declaring Art. 38 (c) unconstitutional, held that

under Section 2, Art III of the 1987 Constitution, only judges,
and no other, can issue warrants of arrest and search. Not
being a judge, the Secretary of DOLE cannot issue search
warrants or warrants of arrest.

Art. 39. Penalties.

a. The penalty of life imprisonment and a fine of One Hundred
Thousand Pesos (P1,000,000.00) shall be imposed if
illegal recruitment constitutes economic sabotage as
defined herein;
b. Any licensee or holder of authority found violating or
causing another to violate any provision of this Title or its
implementing rules and regulations shall, upon conviction
thereof, suffer the penalty of imprisonment of not less
than two years nor more than five years or a fine of not
less than P10,000 nor more than P50,000, or both such
imprisonment and fine, at the discretion of the court;
c. Any person who is neither a licensee nor a holder of authority
under this Title found violating any provision thereof or
its implementing rules and regulations shall, upon
conviction thereof, suffer the penalty of imprisonment of
not less than four years nor more than eight years or a fine
of not less than P20,000 nor more than P100,000 or both
such imprisonment and fine, at the discretion of the court;
d. If the offender is a corporation, partnership, association or
entity, the penalty shall be imposed upon the officer or
officers of the corporation, partnership, association or
entity responsible for violation; and if such officer is an
alien, he shall, in addition to the penalties herein
prescribed, be deported without further proceedings;
e. In every case, conviction shall cause and carry the automatic
revocation of the license or authority and all the permits

and privileges granted to such person or entity under this

Title, and the forfeiture of the cash and surety bonds in
favor of the Overseas Employment Development Board or
the National Seamen Board, as the case may be, both of
which are authorized to use the same exclusively to
promote their objectives.

The persons criminally liable for illegal recruitment are the

principals, accomplices and accessories. In case of juridical
persons, the officers having control, management or direction
of the business shall be liable.

Title II
EMPLOYMENT OF NON-RESIDENT ALIENS
ART. 40 EMPLOYMENT PERMIT FOR NON-RESIDENT
ALIENS
Any alien seeking admission to the Philippines for
employment purposes and any domestic or foreign employer who
desire to engage an alien for employment in the Philippines shall
obtain an employment permit from the Department of Labor.
The employment permit may be issued to a non-resident
alien or the applicant employer after a determination of the nonavailability 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.
For an enterprise registered in preferred areas of
investments, said employment permits may be issued upon
recommendation of said government agency charged with the
supervision of said registered enterprise.
PURPOSE: to regulate employment of non-resident aliens so as no t to
displace Filipinos from jobs that they are capable of doing.
PERSONS REQUIRED TO OBTAIN EMPLOYMENT PERMIT:
all non-resident foreign nationals who intend to engage in gainful
employment in the Philippines.
PERSONS EXEMPTED FROM SECURING AN ALIEN
EMPLOYMENT PERMIT:
1.
All members of the diplomatic services and foreign
government officials accredited by and with reciprocity
arrangement with the Philippine Government.
2.
Officers and staff of international organizations of which
the Philippines is a member, and their legitimate spouses
desiring to work in the Philippines.
3.
Foreign nationals elected as member of the Governing Board
who do not occupy any other position, but only have voting
rights in the corporation.
4.
All foreign nationals granted exemption by law
5.
Owners and representatives of foreign principals whose
companies are accredited by the POEA.
6.
Foreign nationals who come to the Philippines to teach,
present, and/or conduct research studies in universities and
college; provided that exemption is on a reciprocal basis.
7.
Resident foreign nationals.
PROCEDURE:
1.
Duly accomplished application form
2.
Photocopy of passport, with visa or certificate of recognition
for refugees
3.
Contract of employment/appointment or board secretarys
Certificate of election
4.
Photocopy of Mayors permit to operate business
5.
Photocopy of current Alien Employment Permit (if for
renewal)

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Upon filing for application, the applicant shall pay a fee of

8,000 for each application for Alien Employment Permit with
a validity of 1 year.

In case the period of employment is more than 1year, an

additional 3 thousand shall be charged.

In case of renewal, 3,000.

All applications shall be processed and Alien Employment

Permit issued within 24 hours after compliance with all the
documentary requirements.

The regional office shall publish all applications within 2

working days upon receipt of application.

A foreign national whose application has been

denied/cancelled/revoked shall not be allowed to re-apply in
any of the DOLE regional offices, UNLESS said foreign
national has provided proof that the ground for
denial/cancellation/revocation has been corrected.
RENEWAL OF AN ALIEN PERMIT

An application for renewal of an Alien Employment Permit

shall be filed on or before its expiration.

Application of foreign nationals with expired permits shall be

considered as new application.

In case of corporate officers, whose election or appointment

takes place on or before expiration of Alien employment
Permit, the application shall be filed not later than 10 days
after election or appointment and before the expiration of the
Alien Employment Permit.

In case the election or appointment will take place after the

expiration of the permit, the application for the renewal shall
be filed on or before its expiration and shall be renewed for 1
year.

In case the foreign national is not re-elected or re-appointed,

the Alien Employment Permit shall be automatically revoked.

Within 10 working days after the date of election or

appointment, the foreign national shall submit to the issuing
regional office the Board Secretarys Certificate of Election
or appointment.
VALIDITY OF ALIEN EMPLOYMENT PERMIT

The permit shall be valid for a period of one year unless the
employment contract, consultancy services, or other modes
of engagement provides otherwise. It shall not exceed 5
years.
GROUNDS FOR SUSPENSION OF ALIEN EMPLOYMENT
PERMIT
1.
The continued stay of the foreign national may result in
damage to the interest of the industry or the country.
2.
The employer of the foreign national is suspended by the
employer or by order of the Court.

Petitions for suspension of Alien Employment Permit shall be

resolved within 30 calendar days from the receipt thereof.

The permit may be suspended by the issuing Regional

Office .
CANCELLATION OF ALIEN EMPLOYMENT PERMIT
1.
Non-compliance with any of the requirements or conditions
2.
Misrepresentation of facts in the application
3.
Submission of falsified or tampered documents
4.
Meritotious objection or information against the employment
of the foreign national as determined by the Regional
Director
5.
Derogatory record
6.
Termination of employment

The Regional Director may cancel or revoke the permit

Petitions for cancellation or revocation shall be resolved
within 30 calendar days

REMEDIES IN CASE OF SUSPENSION, CANCELLATION OR

REVOCATION OF ALIEN WORKING PERMIT

If the permit is suspended, cancelled or revoked the

aggrieved party may file a motion for reconsideration.

If the aggrieved party decides to file a motion for

reconsideration it should be filed within 7 calendar days
after the receipt of the order.

if the motion for reconsideration is filed after the period of 7

calendar days but not later than 10 calendar days from the
receipt of the denial it shall be treated as an appeal.

The order of suspension/cancellation/revocation may also be

appealed to the Secretary of Labor and Employment within
10 calendar days.

The decision of the Secretary of Labor and Employment is be

final and unappealable.
PENALTY FOR WORKING W/O PERMIT

Foreign nationals working without or with an expired permit

may be fined 10,000 pesos for every year or a fraction.
PERMANENT RESIDENT ALIENS

Permanent resident aliens who are employed in the

Philippines are obliged to secure an Alien Employment
Registration Certificate.

The certificate may be obtained by filing with the Regional

Office of the DOLE an application with the ff requirements:
a) Letter request - addressed to the regional
director
b) Notarized contract of Employment or Letter
of Appointment indicating position, salary,
tenure or duration of appointment and duties
to be discharged
c) Original and photocopy of ACR and ICR
d) Three 1x1 ID pictures
e) For corporations, SEC certificate of
registration, articles of incorporation, and
by-laws;
for
single
proprietorship,
application and Certificate of registration
from the bureau of domestic trade.
f)
Board of resolution or secretary certificate
on election of alien, if position is elective
g) Signed bio-data of alien
h) DOT license for services
i)
Marriage contract
ART.
41
PROHIBITION
AGAINST
TRANSFER
OF
EMPLOYMENT
After the issuance of an employment permit, the alien
shall not transfer to another job or change his employer without
prior approval of the Secretary of Labor.
Any non-resident alien who shall take up employment in
violation of the provision of this title and its implementing rules and
regulations shall be punished in accordance with the provisions of
Article 289 and 290 of the Labor Code.
In addition, the alien shall be subject to deportation after
service of his sentence.

SANCTIONS FOR VIOLATION

1.
Cancellation of alien employment permit.
2.
Fine of not less that 1,000 nor more than 10,000, or
imprisonment of not less than 3 months nor more than 3
years or both such fine and imprisonment at the discretion of
the court.
3.
Deportation after service of sentence.
ART. 42 SUBMISSION OF LIST

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Any employer employing non-resident foreign nationals
on the effective date of this Code shall submit a list of such nationals
to the Secretary of Labor within 30 days after such date indicating
their names, citizenship, foreign and local address, nature of the
employment and status of stay in the country. The Secretary of
Labor shall then determine if they are entitled to an alien
employment permit.

ART 43-56 SUPERSEDED BY R.A NO. 7796 OTHERWISE

KNOWN AS THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT ACT OF 1994
TECHNICAL EDUCATION AND SKILLS DEVELOPMENT

TESDA Act aims to promote and strengthen the quality of

ethical education and skills development programs in order to
attain international competitiveness and meet the changing
demands for quality middle-level manpower.

In pursuance of the declared policy of the state to provide

relevant, accessible, high quality and efficient technical
education and skills development in order to build up high
quality Filipino middle-level manpower responsive to the
Philippine development goals and priorities.
TECHNICAL EDUCATION refers to the education process
designed at post-secondary and lower tertiary level officially recognized
as non-degree programs aimed at preparing technicians, paraprofessionals and other categories of middle-level workers by providing
them with a broad range of general education, theoretical, scientific and
technological studies, and related job skills training.
SKILLS DEVELOPMENT is the process through which learners and
workers are systematically provided with learning opportunities to
acquire or upgrade, or both, their ability, knowledge and behavior
pattern required as qualifications for a job or range of jobs in a given
occupational area.
COMPOSITION OF TESDA BOARD
1.
Secretary of Labor and Employment Chairperson
2.
Secretary of Education Co-chairperson
3.
Secretary of trade and Industry Co- Chairperson
4.
Secretary of Agriculture Member
5.
Secretary of Interior and Local Government - Member
6.
Director-General of the TESDA secretariat Member
7.
2 representatives, from the employer/industry organization,
one of whom shall be a woman
8.
3 representatives from the labor sector, one of whom shall be
a woman
TESDA ACT OF 1994 ( R.A NO. 7796)
DECLARATION OF POLICY

To provide relevant, accessible, high quality and efficient

technical education and skills development in support of the
development of high quality Filipino middle-level manpower
responsive to and in accordance with Philippine development
goals and priorities.

The state shall encourage active participation of various

concerned sectors, particularly private enterprises being
direct participants in and immediate beneficiaries of a trained
and skilled workforce, in providing technical education and
skills development opportunities.
GOALS AND OBJECTIVES

To promote and strengthen the quality of technical education

and skills development programs to attain international
competitiveness.

Focus technical education and skills development on meeting

the changing demands for quality middle-level manpower.

Encourage critical and creative thinking by disseminating the

scientific and technical knowledge base of middle-level
manpower development programs

Recognize and encourage the complimentary roles of public

and private institutions in technical education and skills
development and training systems.

Inculcate desirable values through the development of moral

character with emphasis on the work ethic, self-discipline,
self-reliance and nationalism.
SKILL The acquired and practiced ability to carry out a task or
job
SKILLS DEVELOPMENT the process through which learners
and workers are systematically provided with learning
opportunities to acquire or upgrade, or both, their ability,
knowledge and behavior pattern required as qualifications for a job
or range of jobs in a given occupational area.
TECHNICAL EDUCATION the education process designed at
post-secondary and lower tertiary levels, officially recognized as
non-degree programs aimed at preparing technicians, paraprofessionals and other categories of middle-level workers by
providing them with a broad range of general education, theoretical
studies, and related job skills training.
TRADE any group of interrelated jobs or any occupation which
is traditionally or officially recognized as craft or artisan in nature
requiring specific qualifications that can be acquired through work
and/or training.
MIDDLE-LEVEL MANPOWER refers to those:
1.
Who have acquired practical skills and knowledge
through formal or non-formal education and training
equivalent to at least a secondary education and training
equivalent to at least a secondary education but
preferably a post-secondary education with a
corresponding degree or diploma
2.
Skilled workers who have become highly competent in
their trade or craft as attested by industry
PRIVATE ENTERPRISES an economic system under which
property of all kinds can be privately owned and in which
individuals, alone or in association with another, can embark on a
business activity. This includes industrial, agricultural, or agroindustrial establishments engaged in the production,
manufacturing, processing, repacking or assembly of goods
including service-oriented enterprises.
TRAINERS persons who direct the practice of skills towards
immediate improvement in some task
TRAINORS/TRAINERS persons who provide training to
trainers aimed at developing the latters behavior patterns required
for specific jobs, tasks, occupations or group of related
occupations.
TRAINEES Persons who are participants in a vocational,
administrative or technical training program for the purpose of
acquiring and developing job-related skills
APPRENTICESHIP training within employment with
compulsory related theoretical instructions involving a contract
between an apprentice and an employer on an approved
apprenticeable occupation.
APPRENTICE a person undergoing training for an approved
apprenticeable occupation during an established period assured by
an apprenticeship agreement.
APPRENTICESHIP AGREEMENT a contract wherein a
prospective employer binds himself to train the apprentice who in
turn accepts

TITLE II

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TRAINING AND EMPLOYMENT OF SPECIAL WORKERS
APPRENTICES
ART. 57 STATEMENT OF OBJECTIVES
1.
To help meet the demand of the economy for trained
manpower
2.
To establish a national apprenticeship program through
the participation of employers, workers and government
and non-government agencies
3.
To establish apprenticeship standards for the protection
of apprentices
SALIENT FEATURES OF THE APPRENTICESHIP LAW
1.
It liberalizes the application of training principles to facilitate
the use of the training method for development of manpower
in many other occupations aside from the skilled trades.
2.
It lowers the minimum qualifying age for apprenticeship to
14 instead of 16 as prescribed in the old law
3.
It eliminates the unrealistic requirement that a prospective
apprentice should be a high school graduate
4.
Unlike the old law which required that training should be
undertaken in the premises of the employer alone, the Labor
Code gives an employer the option to conduct the training in
its premises, in a Department of Labor and Employment
training center or other public training institution, or a
combination of both
5.
Associations and civic groups are now allowed to organize
or sponsor apprenticeship programs
6.
The limitation imposed by P.D. No. 173 on the number of
apprentices whose compulsory employment and training
may be required during the emergency situations has been
eliminated.
ART. 58 DEFINITION OF TERMS
Apprenticeship means practical training within employment
with compulsory related theoretical instructions involving a
contract between an apprentice and an employer on an
approved apprenticeable occupation.
Apprentice is a worker who is covered by a written
apprenticeship agreement with an individual employer or any
of the entities recognized under this chapter.
An apprenticaeble occupation means any trade, form of
employment or occupation which requires more than three (3)
months of practical training on the job supplemented by
related theoretical instruction
Apprenticeship agreement is an employment contract
wherein the employer binds himself to train the apprentice
who in turn accepts the terms of the training
ART. 59 QUALIFICATIONS OF APPRENTICE
a) Be at least (14) years of age.
b) Possess vocational aptitude and capacity for appropriate
tests
c) Possess the ability to comprehend and follow oral and
written instructions
Trade and industry associations may recommend to the
Secretary of Labor appropriate educational requirements
for different occupations
EDUCATIONAL QUALIFICATION

It is no longer required that the applicant for apprenticeship

should be a high schoolgraduate.

All that it needed is possession of the ability to comprehend

and follow oral and written instructions.

Some occupations may require a certain degree of education

Trade and industry associations may recommend to the

Secretary of Labor and Employment the appropriate
educational qualification.

If approved, such qualifications shall become the educational

requirement for such particular occupation.

The employer can waive the said educational qualification in

favor of an applicant who demonstrates exceptional ability. In
such a situation, a certification explaining briefly the ground
for such waiver signed by the person in charge of the
program shall be attached to the apprenticeship agreement.
PHYSICAL FITNESS

The applicant for apprenticeship should be physically fit for

the occupation in which he desires to be trained.

Physical defect should not be a hindrance except when it

impedes the effective performance of the apprentice.
PHYSICAL EXAMINATION

Physical examination of applicants for apprenticeship is free

of charge at the Department of Health or any government
hospital.

All entities with an apprenticeship program may elect to

assume the responsibility for physical examination provided
its facilities are adequate and all expenses are borne
exclusively by it.

PREVIOUS TRAINING

A prospective apprentice who has completed or attended a

vocational course in a duly recognized trade or vocational
school or training center who has had previous experience in
the trade or occupation in which he decides to apprenticed
shall be given due credit.

Both practical and theoretical knowledge shall be evaluated

and the credit shall appear in the apprenticeship agreement.

Such credit shall be expressed in terms of hours.

ART. 60 EMPLOYMENT OF APPRENTICES
Only employers in the highly technical industries may
employ apprentices and only in apprenticeable occupations
approved by the Minister of Labor and Employment.
REQUISITES:
a) The employer should be engaged in a business that is
considered a highly technical industry.
b) The job to which the apprentice will work on should be
classified as an apprenticeable occupation.
Article 66. Appeal to the Secretary of Labor
-the decision of the authorized agency of the Dept. of Labor may be
appealed to the Secretary of Labor within 5days from receipt of decision
-The decision of the Secretary of Labor is final and executory
-However, the aggrieved party can still elevate the matter to the
appropriate court through a special civil action for certiorari
ARTICLE 67. Exhaustion of Administrative Rules
-controversies and disputes arising out of apprenticeship agreement
should be first threshed out with the plant apprenticeship committee
before filing an action
ARTICLE 68. Aptitude Testing Applicants
-to qualify for apprenticeship, one should possess vocational aptitude
tests
ARTICLE 69. Responsibility for Theoretical Instruction
-ratio: 100hours of instructions for every 2,000hours of practical or OJT

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ARTICLE 70. Organization of Apprenticeship Program; Exemptions

-General Rule: the organization of apprenticeship program shall be
primarily a voluntary undertaking of employers
-Exceptions:
(a) when there is a critical shortage of trained manpower in
certain trades, occupations, jobs, or employment levels and national
security or particular requirements of economic development so
demands
(b) where foreign technicians are utilized by private
companies in apprenticeship trades
ARTICLE 71. Deductibility of Training Costs
-1/2 deduction for taxable income of the value of labor training expenses
-Purpose: to encourage the organization of apprenticeship programs and
induce an employer to pay the minimum wage
-Requisites of availment:
(a) should be recognized by the Department of Labor and
Employment
(b) apprentices should be paid minimum wage
(c) the deduction should not exceed 10% of direct labor wage
(d) should be operational during the taxable year as certified
by the Apprenticeship Division.

-if he training is terminated after the first 2 months, before the stipulated
period through no fault of the learner, the learner shall be deemed a
regular employee
-Learnership agreement- contract between the learner and the employee
-must be in writing
-signed by the learner
-signed by the employee or his duly authorized representative
-if a learner is a minor, should bear the conformity of his
parent or guardian
ARTICLE 76. Learners in Piecework
-Learners in piecework or incentive-rate jobs shall be paid in full for the
work done, and not 75% of the applicable minimum wage
ARTICLE 77. Penalty Clause
-criminal liability punishable under ART. 288 of the Labor Code

Title I: Working Conditions and Rest periods

Chapter I: Hours of Work
Art. 82. Coverage. The provisions of this Title shall apply to employees
in all establishments and undertakings whether for profit or not, but not

ARTICLE 72. Apprenticeship Without compensation

(a)
those who undergo apprenticeship for the
purposes
of
complying
with
academic
requirements for graduation
(b)
those who undergo apprenticeship for the
purposes of complying with government
requirements for board examinations

to government employees, managerial employees, field personnel,

ARTICLE 73. Learners Defined

-those who are hired as trainees in semi-skilled and other industrial
occupations which are non-apprenticeable and which may be learned
through practical training on-the-job
-must not exceed 3 months
-employer must have Leadership Program duly approved by TESDA
-need not be supplemented by theoretical instructions

duty consists of the management of the establishment in which they are

ARTICLE 74. When Learners May Be hired

-Conditions:
(a) the job is semi-skilled and non-apprenticeable and can be
learned in a practical way within a period of not more than 3 months
(b) there are no available experienced workers
(c) the employment of learners is necessary to prevent
curtailment of employment opportunities
(d) their employment does not create unfair competition in
terms of labor costs or impair working standards

or branch office of the employer and whose actual hours of work in the

members of the family of the employer who are dependent on him for
support, domestic helpers, persons in the personal service of another,
and workers who are paid by results as determined by the Secretary of
Labor in appropriate regulations.
As used herein, "managerial employees" refer to those whose primary
employed or of a department or subdivision thereof, and to other officers
or members of the managerial staff.
"Field personnel" shall refer to non-agricultural employees who
regularly perform their duties away from the principal place of business
field cannot be determined with reasonable certainty.

-Age Requirement:
- below 15 cannot be employed as a learner
- below 18 can be employed only in non-hazardous, safe
occupations

o
o
o
1.

ARTICLE 75. Leadership Agreement

(a)
names and addresses of the learners
(b)
duration of the learnership period which shall not
exceed 3months
(c)
wage salary rate is not less than 75% of the
minimum wage
(d)
to employ learners as regular employees if they so
desire upon completion of learnership

Applies to ALL EMPLOYEES, whether for profit or not, except:

o Government Employees
o Managerial Employees
o Officers and members of the managerial staff
o Field Personnel
o Members of the family of the employer who are dependent
on him for support
Domestic Helpers
Persons in the personal service of another
Workers who are paid by results

Government Employees
a. Refer to those employed by the National Government or any
of its political subdivisions; including those employed in
GOCCs with SPECIAL CHARTERS, not under the
Corporation Law
b. They are not covered by the Labor Code, but by the Civil
Service Law or the Administrative Code, among other
special laws

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2.

Managerial Employees must meet ALL THE FOLLOWING

conditions to be considered:
a. Primary duty consists

in the

management

of

usually necessary or desirable for the maintenance and

enjoyment of the employers family.
b. Family drivers, cooks, gardeners or nursemaid.

the

establishment or in the management of a department or

7.

subdivision thereof;
b. He directs the work of TWO OR MORE employees therein;
c. Has authority to hire or fire other employees of lower rank,

convenience or safety of the employer as well as the

members of the employers household.
b. Personal bodyguards, private nurses

or his recommendations as to hiring, firing, promoting and

3.

other personnel movements are given weight.

Officers or members of the managerial Staff
a. Must perform the following duties and responsibilities to be

Persons in the personal service of another

a. Are those who minister to the personal comfort,

8.

Workers paid by results

a. Those who are paid on piecework, takay, pakiao or task

considered such:
i.
Primary duty consist in the performance of work

ii.
iii.

directly related to management policies of their

Art. 83. Normal hours of work. The normal hours of work of any

employer;
Exercise discretion and independent judgment;
Assisting a proprietor or a managerial employee

employee shall not exceed eight (8) hours a day.

whose primary duty consists in the management of the

establishment or in the management of a department
or subdivision thereof; or they execute UNDER
GENERAL SUPERVISION, work along specialized
or technical lines requiring special training, experience
or knowledge; or they execute under general
iv.

basis.

supervision special assignments and tasks; and

Do not devote more than 20% of their hours worked in

Health personnel in cities and municipalities with a population of at least

one million (1,000,000) or in hospitals and clinics with a bed capacity of
at least one hundred (100) shall hold regular office hours for eight (8)
hours a day, for five (5) days a week, exclusive of time for meals, except
where the exigencies of the service require that such personnel work for
six (6) days or forty-eight (48) hours, in which case, they shall be
entitled to an additional compensation of at least thirty percent (30%) of
their regular wage for work on the sixth day. For purposes of this Article,

a workweek to activities directly and closely related to

"health personnel" shall include resident physicians, nurses, nutritionists,

the performance of the work described above. (in other

dietitians,

words, they dont perform work reserved for

paramedical technicians, psychologists, midwives, attendants and all

managerial employees more than 20% of the time)

b. Supervisory employees are so exempted, if they perform
functions that qualify them as members or officers of a

1.

reasonable certainty
1. How to determine: Whether or not employees
time

and

performance

is

constantly

supervised by the employer. Exemption does

not apply if constantly so supervised.
b. Fishermen ARE NOT field personnel they are under

5.

technicians,

b.

prescribed maximum.
8 hours is maximum, which may be staggered so long as it
falls within a 24-hour period. Work in excess of this
maximum becomes OVERTIME WORK.

2.

When May An Employee be Compelled to Render Overtime

Work?
a.
Only under these following emergency situations:
i.
When the country is at war or when any other local or
ii.

national emergency has been declared;

When overtime work is necessary to prevent loss of
life or property or in case of imminent danger to

effective control and supervision of the employer through

public safety due to an actual or impending

the vessels patron or master.

emergency in the locality caused by serious

accidents, fire, flood, typhoon, earthquake, epidemic

Members of the family of the employer who are dependent on

him for support
a. Refer to: Husband and wife, parents and children, other
ascendants and descendants, brothers and sisters, whether

or other disaster or some other cause of similar

iii.

Domestic Helpers
a. Any person whether male or female, who renders service in
and about the employers home on an activity which are

nature;
When there is urgent work to be performed on
machines, installations or equipment, in order to

full or half-blood.
6.

laboratory

CONDITIONS. Employer is free to adopt less than this

Field Personnel
a. Are exempted from coverage, if:
i.
They regularly perform their duties away from the
ii.

workers,

Normal Hours of Work

a.
Sets the maximum hours for work under NORMAL

Chief Patron of a vessel.

principal place of business of the employer;

Their actual hours of work cannot be determined with

social

other hospital or clinic personnel.

managerial staff, like Construction/Project engineer and

4.

pharmacists,

avoid serious loss or damage to the employer or some

iv.

other cause of similar nature;

When overtime work is necessary to prevent loss or
damage to perishable goods; and

26

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v.

Where the completion or continuation of the work

employee NOT REQUIRED TO LEAVE WORD ON

started before the 8th hour is necessary to prevent

WHERE HE MAY BE REACHED is not working

serious obstruction or prejudice to the business or

iv.

operations of the employer.

while on call.
ASSEMBLY TIME A requirement by some
employers for their employees to assemble at an area

3.

Compressed Workweek
a.
Resorted to by the employer to prevent serious losses due to

prior to the start of their work. Upon consideration of

this as HOURS WORKED, it shall depend on

causes beyond his control. To be an exception to the 8-hour-

whether or not the worker is subject to the control of

a-day requirement, the workers must AGREE to the

the employer during the entire period. IF workers are

temporary change of work schedule and they do not suffer

NOT SUBJECT TO EMPLOYERS CONTROL

any loss of overtime pay, fringe benefits or their weekly or

b.

during the period, said assembly period is NOT

monthly take-home pay.

An alternative arrangement where the regular workweek is
v.

reduced to less than 6 days but the total number of normal

c.

normal home-to-work/work-to-home travel, as for

of the employees affected;

If work is hazardous, a certification is needed from

instance, when an employee is asked to deliver or

pick-up a message from a customer, the time spent

committee that work beyond 8 hours is within the

vi.

limits or levels of exposure set by DOLEs

hours worked if ALL OF THE FOLLOWING

conditions are present:
1.
Attendance is voluntary;
2.
Attendance is outside of the employees

Art. 84. Hours worked. Hours worked shall include

3.

(a) all time during which an employee is required to be on duty or to be

at a prescribed workplace; and

vii.

regular working hours; and

The employee does not

perform

any

productive work during such attendance.

SEMESTRAL BREAK CONSIDERED HOURS
WORKED if teacher cannot use the break gainfully

(b) all time during which an employee is suffered or permitted to work.

and effectively for their own interest.

b.

hours worked.
1.

for such travel is considered as hours worked.

ATTENDANCE AT LECTURES, MEETINGS,
TRAINING PROGRAMS Not considered as

occupational safety and health standards

The DOLE is duly notified.

Rest periods of short duration during working hours shall be counted as

NOT

employer requires the employee to deviate from his

an accredited safety organization or the firms safety

iii.

Rule:

CONSIDERED HOURS WORKED. However, if the

hours per week remains at 48 hours.

Conditions of a VALID CWW Scheme:
i.
It is expressly and voluntarily supported by majority
ii.

CONSIDERED HOURS WORKED.

TRAVEL TIME General

If the work performed was necessary or it benefitted the

employer, or the employee could not abandon his work at
the end of his normal working hours because he had no

Principles in Determining Hours Worked

a.
All Hours which the employee is required to give his

replacement, all time spent for such work shall be

employer hours worked, regardless of whether or not such

considered as hours worked, if the work was done with the

hours are spent in productive labor or involve physical or

knowledge of his employer or immediate supervisor.

mental exertion.
i.
Engaged to WAIT the time spent by an employee
waiting is considered HOURS WORKED if he was
engaged to wait or waiting is an integral part of his
work. Example: Company driver playing chess while
ii.

waiting for his boss.

Waiting to be ENGAGED Not considered
working since his is not yet controlled by the
employer because employee is yet to be engaged.
Employee can still use time waiting for his personal

iii.

purposes.
On CALL TIME An employee who is required to
remain on call in the employers premises or so close
thereto that he cannot use the time for his own
purpose is considered as working while on call. An

c.

The time during which an employee is inactive by reason of

interruptions in his work beyond control shall be considered
as hours worked 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.

POWER INTERRUPTION
Not exceeding twenty (20) minutes = hours worked
Reason - imminence of the resumption of work requires the
employee's presence at the place of work and the time is too
short for the employees to utilize it effectively and gainfully
for his own interest
Exceeding Twenty (20) minutes not hours worked if:
a.
Employees can leave their workplace or go
elsewhere within or without the work premises;

27

vmbt
b.

Employees can use the time effectively for their

own interest
In either case, the employer can extend the working hours
beyond the regular schedule to compensate the loss of
productive man-hours without being liable for overtime pay

c.

2. Rest Period
Five (5) to twenty (20) minutes = hours worked
o
Reason - time spent is too short for the employee
to utilize it effectively and gainfully for his own
purposes
More than twenty (20) minutes = not hours worked
o
Especially if employee is completely relieved of
his duties such that he can rest completely
An employee need not leave the premises of the workplace in
order that his rest period shall not be counted as hours
worked

e.

d.

f.

Work of the employees does not involve strenuous

physical exertion and they are provided with adequate
coffee breaks in the morning and afternoon
The value of the benefits derived by the employees for
the proposed work arrangement is equal to or
commensurate with the compensation due them
Overtime pay will become due and demandable if they
are permitted or made to work beyond 4:30 pm
Effectivity shall be of temporary duration as determined
by the Secretary of Labor and Employment

2. Compensability of Meal Period

20 minutes compensable; part of working time
1 hour or more not part of working time
o
Except if employee is not completely relieved of
his duties during the 1-hour period
PANAM vs. Pan American Employees Association (1 SCRA 527)

3. Applicability to Seamen
No need to set up for seamen a criterion different from that
applied to laborers on land, for the only thing that needs to be
done is to determine the meaning of the term 'working place.'
Thus, a laborer need not leave the premises of the factory,
shop or boat in order that his rest period shall not be counted,
it being enough that he 'cease to work', may rest completely
and leave or may leave at will the spot where he actually
stays while working, to go somewhere else, whether within
or outside the premises of the said factory, shop or boat.
(Luzon Stevedoring Co. Inc. vs. Luzon Marine Department
Union)
Criterion for determining whether or not seamen are entitled
to overtime compensation
o
Whether they actually rendered service in excess
of eight (8) hours a day
4. Applicability to Health Personnel
Principles also applicable to health personnel

Art. 85. Meal periods. Subject to such regulations as the Secretary of

Labor may prescribe, it shall be the duty of every employer to give his
employees not less than sixty (60) minutes time-off for their regular
meals.
1. Duration of Meal Period
General rule at least 1 hour time-off for regular meals
Cases where meal period may be at least 20 minutes:
a.
Work is non-manual in nature or does not involve
strenuous physical exertion
b.
Establishment regularly operates not less than 16 hours
a day
c.
Where actual or impending emergencies or there is
urgent work to be performed on machineries,
equipment or installation to avoid serious loss which
the employer would otherwise suffer
d.
Work is necessary to prevent serious loss of perishable
goods
Waiver of overtime pay
General rule right to overtime pay as a result of a
compensable shorter meal period under existing laws
Conditions for exception:
a.
Employees voluntarily agree in writing to a shortened
meal period and willing to waive the overtime pay
b.
No diminution in the salary and other fringe benefits

Facts: During the 1-hour meal period the mechanics were required to
stand by for emergency work. If they happened not to be available when
called, they were reprimanded by the leadman.
ISSUE: Should the one-hour meal period be considered as hours
worked?
HELD: Yes, it must be considered as hours worked and compensable.
RATIO: The mechanics could not rest completely as they had to be
ready on call
3. Coffee Break
5 20 minutes compensable working time

Art. 86. Night shift differential. Every employee shall be paid a night
shift differential of not less than ten percent (10%) of his regular wage
for each hour of work performed between ten oclock in the evening and
six oclock in the morning.
1. Night Shift Differential
Premium given to an employee for working between 10:00
pm and 6:00 am
2. Reason for the Law
Hygienic, medical, moral, cultural and socio-biologic reasons
are in accord that night work has many inconveniences and
when there is no alternative but to perform it
3. Distinction Between Overtime Pay and Night Shift Differential
Night shift differential - additional compensation given to an
employee for working between the hours of 10:00 pm and
6:00 am
Overtime pay extra compensation given to an employee for
working excess of 8 hours in a day
4. Employees Not Entitled to Night Shift Differential
a.
Government employees including those employed in
government-owned or controlled corporations with special
charters
b.
Managerial employees
c.
Officers and members of a managerial staff
d.
Field personnel and other employees whose time and
performance is unsupervised by the employer

28

vmbt
e.
f.
g.
h.

Employees of retail and service establishment regularly

employing not more than 5 workers
Domestic helpers
Persons in the personal service of another
Workers who are engaged on task or contract basis, or those
paid a fixed amount for performing work irrespective of the
time consumed in the performance thereof

5. Waiver of Night Shift Differential

Founded on public policy, thus, cannot be waived
Claim for unpaid night shift differential can be
compromised
o
Allowed by Art. 227 of the Labor Code
o
Not contrary to public policy because what is
compromised is the claim for unpaid (past) night
shift differential, not the right to night shift
differential
o
The compromise does not relieve the employer
from paying future night shift differential
6. Night Shift Differential Rate
Minimum 10% of the regular wage of each hour of work
rendered between 10:00 pm and 6:00 am
ORDINARY DAY
10% of the regular wage of each hour of work rendered
between 10:00 pm and 6:00 am
Illustration:
An employee with a daily wage of P145.00 who works from
10:00 pm to 6:00 am on an ordinary day will receive total
pay of P159, computed as follows:
Night Shift Differential Rate

P145.00 x 0.10 = P14.50

Total Pay

P145.00

P14.50

P159.50
*0.10 = 10%

REST DAY OR SPECIAL DAY

Regular wage PLUS at least 30% and an additional amount
of not less than 10% of such premium rate for each hour of
work performed
Illustration:
An employee with a daily wage of P145.00 who works on
October 31 at 10:00 pm to 6:00 am of the following day
(November 1), which is a special day, will receive P195.00,
computed as follows:
Hourly Rate
hours = P18.13

P145.00

Rate for 2-hour work on

hours = P36.26
October 31

P18.13

Rate for 6-hour work

on November 1
P141.38

Total Pay
10%** =

P36.26

P141.38

P195.40
*30% premium = 0.30 x (18.13 x 6)
** 10% = 0.10 x (36.26 + 141.38)
REGULAR HOLIDAY
Regular wage PLUS not less than 10% of such premium rate
for each hour of work performed
Illustration
An employee with a daily wage of P145.00 who works on
April 8 at 10:00 pm to 6:00 am of the following day (April
9), which is a regular holiday, will receive P279.20,
computed as follows:
Hourly Rate
hours = P18.13

P145.00

Rate for 2-hour work on April 8 P18.13 x 2 hours = P36.26

Rate for 6-hour work on April 9 P18.13 x 6 hours + 200%
premium* = P217.56
Total Pay
10%** =

P36.26

P217.56

P279.20
*200% premium = 2 x (18.13 x 6)
** 10% = 0.10 x (36.26 + 217.56)
OVERTIME WORK BETWEEN 10:00 PM AND 6:00 AM
Regular wage PLUS at least 25% and an additional amount
of no less than 10% of such overtime rate for each hour of
work performed between 10:00 pm and 6:00 am
Illustration
An employee with a daily wage of P145.00 who works from
2:00 pm until 12:00 midnight, will receive P194.86,
computed as follows:
Hourly Rate
hours = P18.13

P145.00

Overtime Rate for 2 hours

hours =
P36.26

P18.13

Night Shift Differential for 2 hours

hours +
200% premium* =
P217.56

P18.13

Total Pay
P217.56 +

P36.26

10%** = P279.20
P18.13 x 6 hours + 30%
premium*

*200% premium = 2 x (18.13 x 6)

** 10% = 0.10 x (36.26 + 217.56)

Art. 87. Overtime work. Work may be performed beyond eight (8) hours
a day provided that the employee is paid for the overtime work, an

29

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additional compensation equivalent to his regular wage plus at least
twenty-five percent (25%) thereof. Work performed beyond eight hours
on a holiday or rest day shall be paid an additional compensation
equivalent to the rate of the first eight hours on a holiday or rest day
plus at least thirty percent (30%) thereof.
1. Concept of Overtime Work
Overtime Work services rendered in excess of 8 hours in a
day
Day 24-hour period commencing from the time the
employee started working
Rest day work work rendered during rest days
Holiday work work rendered during holidays
2. Reason for the Law
Compensate the inconvenience of an employee who works
beyond 8 hours
3. Compensability of Unauthorized Overtime Work
Compensable if:
o
Work performed was necessary
o
Benefited the company
o
Employee could not abandon his work at the end
of the 8-hour period because there was no
substitute ready to take his place
Performed upon order of his immediate superior
notwithstanding the fact that there was a standing circular to
the effect that before overtime work may be performed with
pay, the approval of the corresponding department head
should be secured
4. Waiver of Overtime Pay
Founded on public policy, thus, cannot be waived
Claim for unpaid overtime compensation can be
compromised
o
Allowed by Art. 227 of the Labor Code
o
Not contrary to public policy because what is
compromised is the claim for unpaid (past)
overtime compensation, not the right to overtime
compensation
o
The compromise does not relieve the employer
from paying future overtime compensation
5. Estoppel and Laches Not a Defense
The principle of estoppels and laches is not a defense in
claims for overtime compensation
Reason it will bring about a situation whereby the
employee who cannot expressly renounce their right to extra
compensation for overtime work, may be compelled to
accomplish the same by mere silence or lapse of time,
thereby frustrating the purpose of the law by indirection
6. Prescription is a Defense
May be raised as a defense, pursuant to Art. 291 of the Labor
Code
7. Burden of Proof
Complainant
Should prove that overtime work was actually performed
8. Overtime Rates
ORDINARY DAY
Regular wage PLUS at least 25% thereof

Illustration:
An employee with a daily wage of P145.00 who renders 2hour overtime work on an ordinary day will receive P190.32,
computed as follows:
Hourly Rate
hours = P18.13
Overtime Rate for 2 Hours

P145.00

P18.13 x 2 hours + 25%* =

P45.32
Total Pay
P190.32

P145.00

P45.32

*25% = 0.25 x (18.13 x 2)

SPECIAL DAY OR REST DAY

Rate for the first 8 hours on the special day or rest day PLUS
at least 30% thereof
Illustration:
An employee with a daily wage of P145.00 who works for 10
hours on a special day or rest day will receive P249.75,
computed as follows:
Special Day/Rest Day Rate
pay* =

P145.00 + 30% premium

P188.50

Hourly Rate
hours = P23.56

P188.50

Overtime Rate for 2 Hours

= P61.25

P23.56 x 2 hours + 30%**

Total Pay
P249.75

P188.50

P61.25

*30% premium pay = P145.00 x 0.30

**30% = 0.30 x (23.56 x 2)
REGULAR HOLIDAY
Rate for the first 8 hours on such holiday PLUS at least 30%
thereof
Illustration:
An employee with a daily wage of P145.00 who works for 10
hours on May 1 (Labor Day) will receive P384.25, computed
as follows:
Regular Holiday Rate

P145.00 x 200% = P290.00

Hourly Rate
hours = P36.25
Overtime Rate for Hours

P290.00

P36.25 x 2 hours + 30%* =

P94.25
Total Pay
P384.25
*30% = 0.30 x (36.25 x 2)

P290.00

P94.25

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REGULAR HOLIDAY
Regular holiday-rest day rate for the first 8 hours on such
holiday PLUS at least 30% thereof
Illustration:
An employee with a daily wage of P145.00 whose rest day is
on a Sunday, and renders a 2-hour overtime work on the last
Sunday of August (National Heroes Day), will receive
P499.51, computed as follows:
Regular Holiday Rate
+
30%* = P377.00

When the work is necessary to prevent loss or damage to

perishable goods; and

e.

Where the completion or continuation of the work started

before the eighth hour is necessary to prevent serious
obstruction or prejudice to the business or operations of the
employer.

Any employee required to render overtime work under this

Article shall be paid the additional compensation required in
this Chapter.

P145.00 x 200%

Hourly Rate
P377.00 8 hours =
P47.12
Overtime Rate for Two (2) Hours P47.12 x 2 hours +
30%** = P122.51
Total Pay
P122.51 =

d.

P377.00

1. Compulsory Overtime Work

General Rule an employee cannot be compelled to render
overtime work
o
Reason it is violative of the constitutional
injunction against involuntary servitude
Exceptions:
a.
War or emergency situation
b.
Disaster or calamity
c.
Urgent repairs
d.
Preservation of perishable goods
e.
Completion of work
f.
Take advantage of favorable condition

P499.51
*30% = 0.3 x (P145.00 x 2)
**30% = 0.3 x (P47.12 x 2)

Art. 88. Undertime not offset by overtime. Undertime work on any

particular day shall not be offset by overtime work on any other day.
Permission given to the employee to go on leave on some other day of
the week shall not exempt the employer from paying the additional
compensation required in this Chapter.
1. Prohibition Against Offsetting
The obligation to pay overtime compensation is mandatory
Under offsetting, the employee is made to pay twice for his
undertime because his work is reduced to that extent while he
was made to pay for it with work beyond the regular working
hours
Proper method deduct the undertime from the accrued leave
but pay the overtime to which the employee is entitled

Art. 89. Emergency overtime work. Any employee may be required by

the employer to perform overtime work in any of the following cases:
a.
When the country is at war or when any other national or
local emergency has been declared by the National Assembly
or the Chief Executive;
b.

c.

When it is necessary to prevent loss of life or property or in

case of imminent danger to public safety due to an actual or
impending emergency in the locality caused by serious
accidents, fire, flood, typhoon, earthquake, epidemic, or other
disaster or calamity;
When there is urgent work to be performed on machines,
installations, or equipment, in order to avoid serious loss or
damage to the employer or some other cause of similar
nature;

Art. 90. Computation of additional compensation. For purposes of

computing overtime and other additional remuneration as required by
this Chapter, the "regular wage" of an employee shall include the cash
wage only, without deduction on account of facilities provided by the
employer.
1. The Regular Wage
Confined to cash wage ONLY, without deduction on account
of facilities provided by the employer
Includes all payments which the parties have agreed shall be
received during the work week, including piecework wages,
differential payments for working at undesirable times, such
as at night or on Saturdays and holidays, and the cost of
board and lodging customarily furnished the employee
(NAWASA vs. NWSA Consolidated Unions)
The essence is regularity and continuity of enjoyment
o
Therefore, cash benefits not regularly and
continuously enjoyed do not form part of the
regular wage, hence, they cannot be included in
the computation of overtime pay, night shift
differential, etc.
Art. 91 Right to weekly rest day.
Rest Day is the period of inactivity of not less than 24 consecutive hours
to an employee after rendering service for a week.
Week of labor ordinary number of six labor days.
Purpose of the law
The purpose of granting a rest day is to promote the health, well-being
and happiness of the working class.
Rest day of ordinary employees: 24 consecutive hours after every six
consecutive normal work days.
Rest day of health personnel:

31

vmbt
Cities or municipalities:
Less than 1M population or in hospital or clinics with less
than 100 bed capacity: 24 consecutive hours, after every 6 consecutive
normal work days.
Atleast 1M population or in hospitals or clinics with atleast
100 bed capacity: 48 hours after 5 days work.
Who determines rest day?
GR: EMPLOYER
EXP: preference of the employee should be respected if based on
religious grounds, provided he inform the employer in writing atleast 7
days before the desired effectivity of the initial rest day so preferred.
Notice of rest day:

GR: Sunday work considered an ordinary day, not entitled to premium

pay,
EXP: unless it is the established rest day.
EXP to EXP: no regular work days and no regular rest day scheduled,
entitled to premium pay for the Sunday work.
Employees not entitles to premium pay:
a.
Government employees and those employed in governmentowned or controlled corporations;
b.
Managerial employees within the purview of Book III of the
labor code;
c.
Officers and members of managerial staff;
d.
Domestic servants;
e.
Persons in the personal service of another;
f.
Workers paid by result;
g.
Non-agricultural field personnel; and
h.
Members of the family of the employer who are dependent
upon him for support.
*premium pay not considered in computation of 13th month pay.

All employees simultaneously: written notice posted conspicuously in

the workplace at least 1 week before it becomes effective.
Not to all employees: employer should inform the employees concerned
through written notices posted conspicuously in the workplace at least 1
week before it becomes effective.

Art 94. Right to holiday pay.

Holiday pay
Is a premium given to an employee during regular holidays.

Art 92. When employer may require work on a rest day.

GR: the employer may not require the employees to work on a restday.

Purpose: to prevent diminution of the monthly

income of employees on account of work interruptions.

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

Rate: The holiday pay is 100% of the regular

Disaster/calamity
Urgent repairs
Abnormal pressure of work
Prevention of perishable goods
Nature of work
Favorable weather condition
Exigencies of service

daily wage.

Employee is entitled to holiday pay even if he does not work

during the regular holiday.

If the employee works, he gets 200% of his regular daily

wage.

Art 93. Compensation of rest day, Sunday, or holiday work.

Premium pay
Additional compensation given to a covered employee for
working on a holiday or rest day.

a.

New Years Day- Jan 1

b.

Maundy Thursday- movable date

c.

Good Friday- movable date

d.

Id-ul-Fitr- movable date

e.

Araw ng kagitingan- April 9

On a special day falling on a rest day

f.

Labor Day- May 1

Additional compensation of atleast 50% of his

regular wage.

g.

Independence Day- June 12

h.

National Heroes Day- last Sunday of august

i.

Bonifacio day- Nov 30

j.

Christmas Day- Dec 25

k.

Rizal Day- Dec 30

RATES:
a.

On a rest day or special day

Additional compensation of atleast 30% of his
regular wage.

b.

c.

d.

List of regular holidays

On a regular holiday
Not exceeding 8 hours shall be paid atleast 200%
of his regular daily wage.
On a regular holiday falling on a rest day
Additional compensation of atleast 30% of his
regular holiday rate of 200%.

32

vmbt
l.

Eidl Adha- movable date

Muslim holidays (ART 169 of the code of muslim personal

laws of the Philippines) by virtue of proclamation no. 1198
which took effect on oct 26, 197, all private corporations,
offices, agencies and entities or establishments operating
within muslim provinces and cities shall observe the said
holidays, all employees whether muslims or non-muslims,
are excused from reporting for work without reduction in
their usual compensation.
o

Muslim employees working outside muslim

provinces and cities shall also be excused without
diminution or loss of wage.

Employees Not entitled to holiday pay

a.
b.
c.
d.
e.
f.
g.
h.
i.

Government employees and those employed in governmentowned or controlled corporations;

Managerial employees;
Officers and members of managerial staff;
Domestic helpers;
Persons in the personal service of another;
Employees of retail and service establishments regularly
employing less than 10 workers;
Field personnel and other employees whose time and
performance is unsupervised by the employer;
Members of the family of the employer who are dependent
upon him for support.
Workers paid by results.

Rules:
Piece rate workers: not entitled, paid at fixed amount performing work
irrespective of time consumed in performance.
Sales personnel: not entitled, they regularly perform their duties away
from the principal place of business, and their actual hours of work
cannot be determined with reasonable certainty.
Seasonal workers: not entitled during off- season when they are not at
work.
Teacher and faculty members: not entitled to holiday pay on regular
holidays falling within semestral vacation. However, entitled on regular
holidays falling within the Christmas vacation.

Faculty members who according to their contracts are paid

per lecture hour: not entitled because they are obliged to
work and consent to be paid only for work actually done.
Monthly-paid employees: entitled
*GR: for the company with the divisor 365 already means
that the legal holidays are included in the monthly pay of the employee.
*GR: for company with the divisor 251 means that the
holiday pay is not included in the monthly salary of the employee.
Effects of Absences:

Covered employees are entitled to holiday pay when they are

on leave of absence with pay.

Employees who are on leave of absence without pay on the

day immediately preceding the regular holiday are not
entitled to holiday pay.

If the days immediately preceding the regular holiday is a

non- working day or rest day of the employee, he is not
deemed to be on a leave of absence therefore entitled to

holiday pay if he worked on the day preceding the nonworking holiday.

If there are 2 successive regular holidays, the employee is not
entitled to holiday pay if he absents himself on the day
immediately preceding the first holiday.
o
However, if he works on the first holiday, he is
entitled to holiday pay on the second holiday.

Double Holiday:

200% of the basic wage

o
Entitled even if said holiday is unworked

400% if he worked on 2 regular holidays falling on the same

day.
Holidays when business is closed

Temporary: entitled

Permanent: not entitled

ART 95. Right to service Incentive leave
Service incentive leave:

is akin to vacation leave.

Intended not merely to give additional salary but to give

chance to get much needed rest in order to replenish his worn
our energies.

Law grant 5 days leave with pay for every employee who has
rendered at least 1 year of service.

If not used at the end of the year, shall be commuted to its

money equivalent.
Employees not entitled:
a.
Government employees and those employed in governmentowned or controlled corporations;
b.
Managerial employees;
c.
Officers and members of managerial staff;
d.
Domestic helpers;
e.
Persons in the personal service of another;
f.
Employees of retail and service establishments regularly
employing less than 10 workers;
g.
Field personnel and other employees whose time and
performance is unsupervised by the employer;
h.
Members of the family of the employer who are dependent
upon him for support.
i.
Those who are already enjoying leave with pay atleast 5
days;
*Vacation Leave: not standard of law, management prerogative.
ART 96. Service charge:

Applies only to business establishments collecting service

charges, such as hotels, restaurants and similar enterprises,
including those entities operating primarily as private
subsidiaries of the government.
Employees entitled to service charge:

All employees, regardless of their position, designation,

employment status, irrespective of the method by which they
are paid, except managerial employees.
Distribution of service charge:

85% for covered employees

15% for management

Distribution to covered employees shall be done not less than

once every two weeks or twice a month intervals not
exceeding 16 days.
Abolition of service charge:

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The share of the covered employees shall be considered

integrated in their wages.

The basis of the amount to be integrated shall be the average share of

each employee for the past 12 months immediately preceding the
abolition or withdrawal of such charges.

Title III
Working Conditions for Special Groups of Women
Chapter I
Employment of Women
ARTICLE 130. Nightwork Prohibition
-applies to all employers whether operating for profit or not:
(a) government employees and GOC or GCC
(b) employers of household helpers and persons in personal service of
another
General Rule: An employer cannot require a female employee to work
with or without compensation on the following hours:
(a) industrial establishment- 10:00pm to 6:00am
(b) commercial establishment- 12midnight to 6:00am
(c) agricultural
establishmentnighttime
(the
period
commencing from sunset to sunrise[Art. 13 of CC]
ARTICLE 131. Exceptions
-nightwork prohibition does not apply t the following cases:
(a) emergency situation- disasters or calamity, or in case of force
majeure or imminent danger to public safety
(b) urgent repairs- on machineries, equipment or installation to avoid
serious loss
(c) urgent work- to prevent serious loss of perishable goods
(d) managerial or technical employees
(e) health and welfare employees(f) peculiarity of work- where the work cannot be performed with equal
efficiency by male workers
(g) family members- the immediate member of the family operating the
establishment
(h) established practice- where the employment of female workers is the
established practice even before the rules of implementing the Labor
Code became effective (Feb. 3, 1975)
(i) analogous cases- exempted by the Secretary of Labor in appropriate
cases
ARTICLE 132. Facilities for Women
-employers may be required to provide the following facilities to female
workers which shall be regulated in appropriate cases by the Secretary of
Labor:
(a) seats
(b) toilet rooms, lavatories, a dressing room
(c) nursery
ARTICLE 133. Maternity Leave Benefits
-has been superseded with the integration of maternity leave with the
Social Security Law, Sec. 14-A:
-female workers must have paid at least 3 monthly
contributions in the 12-month period immediately preceding the
childbirth, abortion, miscarriage
-shall be paid daily maternity benefit equivalent to her
average daily salary
(a) 60days- normal delivery
(b) 78days- cesarean delivery
-conditions:

(a) Employee has notified her employer of her pregnancy ad the

probable date of birth
(b) Full payment shall be advanced by the employer 30days from
filing of the application
(c) Payment of benefits bars the recovery of sickness benefits
within the period of leave
(d) Applicable only for the first four deliveries or miscarriages
(e) SSS shall immediately reimburse the employer 100%
(f) Employer will pay to the SSS damages equivalent to the
benefits which the female employee is entitled, in cases where:
o
1) he failed to remit the SSS contributions
required
o
2) he failed to notify SSS of such pregnancy
Paternity Leave (R.A No. 8187)
Leave for 7 days
-Who are entitled? Married male employees for the first 4 deliveries of
the legitimate spouse with whom he is cohabiting
-conditions:
(a) male employee should be employed at the time of the delivery of his
child
(b) employee should notify his employer about the pregnancy of his wife
and the expected date of delivery
(c) wife has given birth, suffers a miscarriage or an abortion
- paternity leave is not convertible to cash
- leave can be availed of before, during or after the delivery by his wife,
but not later than 60 days the delivery
Parental Leave for Solo Parents (R.A No. 8972- Solo Parents Act of
2000)
-Who are solo parents:
(a) a woman who gives birth as a result of rape or crimes against
chastity, WON the offender is convicted
(b) a parent left solo with the responsibility of parenthood due to:
i. death of the spouse
ii. detention of the spouse for at least a year
iii. physical of mental incapacity of spouse
iv. legal separation of spouse of de facto separation as long as
he/she is entitled to the custody of the children
v. declaration of nullity of marriage, above condition applies
vi. abandonment of the spouse for at least one year
(c) unmarried mother/father
(d) any other person, provided that he/she is a licensed foster parent by
the DSWD or appointed as guardian by the court
(e) any family member who assumes as the head of the family because
of death, absence, disappearance of abandonment of parents, provided
that such lasts for at least a year
-entitled to a non-cumulative parental leave of 7 working days
-purpose: enable the solo parent to perform parental duties
-conditions:
(a) employee must have rendered at least one year of service
(b) must notify the employer within a reasonable time
(c) must present his Solo Parent ID to the employer
ARTICLE 134. Family Planning Services; Incentives for Family
Planning
-application: to all establishments which habitually employ at least 200
at any given period within a year
-In-plant family planning requirements:
(a) a functional Labor-Management Coordinating Committee (2 to 3
representatives from each management sectors)
(b) an in-plant family planning program
(c) a clinic equipped with instruments for family planning services

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-exempted establishments must have a family planning clinic in the
workplace which should have a part-time physician who shall render
2hours a day for at least 5days, unless the establishment has a contract
with a hospital
ARTICLE 135. Discrimination Prohibited
-It shall be unlawful to discriminate against women employee:
(a) payment of lesser compensation as against male employee
for work of equal value
(b) favoring male employees (promotion, training
opportunities, study, scholarship grants) solely on the account of their
sexes
-purpose: to provide equal employment opportunities for all and ensure
the fundamental equalities of men and women
ARTICLE 136. Stipulation Against Marriage
-Prohibited acts of an employer:
(a) that a female employee shall not get married
(b) to resign upon getting married
(c) dismissing or discriminating a female employee because of her
marriage
-Philippine Telegraph & Telephone Co. vs NLRC:
Facts: Female was hired by employer. She indicated that she was single
in her job application form despite the fact that she had contracted
marriage a few months earlier. When the employer learned that she was
married, she was dismissed from employment. Employer has a company
policy of not accepting married women.
Held: Dismissal is not valid. It runs afoul to the right against
discrimination, afforded to women workers. It likewise assaults good
morals and public policy. It strikes the ideals and purpose of marriage as
an inviolable social institution.
ARTICLE 137. Prohibited Acts
- Forbids an employer from:
(a) dismiss a female employee to prevent her to enjoy maternity leave
benefits, etc
(b) dismiss a female employee on the account of her pregnancy, while on
leave
(c) dismiss or refuse the admission of female employee upon returning
to work
ARTICLE 138. Classification of Certain Women Workers
Female workers in entertainment places (night club, cocktail
lounge, massage clinic, bar, etc) are deemed employed if they
have worked therein for a substantial period of time under the
effective control or supervision of the employee.

Chapter 2
Employment of Minors
ARTICLE 139. Minimum Employment Age
-superseded by RA No. 7610, as amended by RA nos. 7658 and 9231
-General Rule: a person can be engaged for employment only when he is
15 years old
-Exceptions, children below 15 can be employed only in the following
instances:
(a) when the child works directly under the sole responsibility of his
parent or guardian, and only member of his family is employed therein,
provided that:
i. employment neither endangers his life, safety, health and
morals, nor impairs his normal development
ii. child is prescribed with primary and secondary education

(b) childs employment in public and entertainment or information

through cinema, theater, radio or TV is essential:
-House Work:
(a) children below 15- not more than 4 hours, but not more
than 20/week
(b) children 15 but below 18- not more than 8 hours a day,
but not more than 40/week
-Nightwork prohibition:
(a) children below 15- 8pm to 6am
(b) children 15 but below 18- 10pm to 6am
-Worst Forms of Child Labor:
-slavery, prostitution, pornography, illegal activities (i.e
dangerous drugs), nature of work in which it is carried out in hazardous
or likely to be harmful to health, safety and morals of children
ARTICLE 140. Prohibition Against Child Discrimination
-they must not be discriminated against simply on account of minority.
-minors must be entitled to the same benefits, terms, and conditions of
employment as any other kind of employee similarly situated
Chapter III
Employment of Househelpers
ARTICLE 141. Coverage
-shall apply to all persons rendering services in households for
compensation.
Domestic or household service: services in the employers home
which is usually necessary or desirable in the maintenance and
enjoyment thereof and includes ministering to the personal comfort and
convenience of the members of the employers household, including
services of family drivers.
other examples: gardeners, cooks, nursemaids
One should be hired specifically for household work. In
absence of specific engagement one cannot be considered
househelper. Ex. Children of househelper or relatives who
live under the employers roof
Apex Mining Co. vs NLRC:
FACTS: SC was employed by Apex Mining as laundrywoman at its
staffhouse. While she was doing the laundry, she accidentally slipped
and hit her back on a stone. She was permitted to go one leave for the
medication but after such she was not allowed to return to work. She
filed a complaint for illegal dismissal. Apex Minings defense is that she
was not a regular employee but a househelper.
HELD: She was not a househelper but a regular employee. She was not
working for a family but for a compensation.
Barcenas vs. NLRC:
FACTS: B was hired by Manila Buddist Temple as secretary and
interpreter. Bs position required her to receive calls of the Head Monk,
run errands for the Head Monk. After the death of the Head Monk, Bs
allowance was discontinued. B filed a compliant for illegal dismissal.
The Manila Buddist Temple claimed that she was not its employee but a
servant who confined herself to the needs of the Head Monk, thus, her
position was coterminous with that of her master.
HELD: B was a regular employee. Her work cannot be categorized as
mere domestic but essential to the operation and religious functions of
the temple.
ARTICLE 142. Contracts of Domestic Service
-maximum of 2 years
ARTICLE 143. Minimum Wage
-amended

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ARTICLE 144. Minimum Cash Wage

-minimum wage refers to cash wage only
-it does not include cost of lodging, food, medical attendance, etc.
ARTICLE 145. Assignment to Non-Household Work
-what is prohibited is not the assignment to work in a commercial,
industrial or agricultural enterprise; it is the payment of wage lower than
those prescribed in the non-household work
ARTICLE 146. Opportunity for Education
-if under 18years old, the employer shall give him/her an opportunity for
at least elementary education
-expenses shall be part of the compensation
ARTICLE 147. Treatment of househelpers
just and humane manner
in no case shall physical violence be used
Working hours: not more than 10hours a day; with 4days vacation each
month with pay
ARTICLE 148. Board, Lodging and Medical Attendance
-Medical attendance is limited to treatment for ailments contracted by
househelper while in the service of the employer
-Does not include hospitalization
-Contract for household service shall be void if household helper cannot
afford to acquire clothing
-in case of death, employer shall bear the funeral expenses
commensurate to the standard of living of the deceased
-the transfer or use of the body of the deceased is prohibited, unless
allowed by him or the legal guardian with court approval

ARTICLE 149. Indemnity for Unjust Termination

-If period is fixed, neither the employer nor the household helper ay
terminate, except for a just cause
-If household helper is unjustly dismissed: he shall be paid the
compensation plus that for 15days by way of indemnity
-If household helper leaves without justifiable reason: he shall forfeit
unpaid salary due him not exceeding 15days

ARTICLE 150. Service of termination notice

-If there is no stipulated period, the employer can terminate the
household helper by giving him notice 5days before the intended date

(b)
(c)

drugs and poisons

other articles, processing of which requires exposure to toxic
substances
-Homeworkers organization, may be form, assist or join organizations
duly registered with the Dept. of Labor
-the duly registered organization has the right to bargain collectively, to
own property, to sue and be sued, etc.
ARTICLE 154. Regulations of the Secretary of Labor
-Payment for Homework- immediately upon receipt of the finished
goods or articles
-Conditions:
(a) employer may require the homeworker to redo a work which has
been improperly executed without having to pay the stipulated rate again
(b) an employer, contractor or sub-contractor need not pay the home
worker for any work which has been done on goods or articles which
have been returned for reasons attributable to the fault of the
homeworker
-Standard rates shall be determined through the ff. procedure:
(a) time and motion studies
(b) individual/ collective agreement between the employer
and its workers as approved by the Secretary of Labor or his
representative
(c) consultation with representative of employers and
workers orgs in a tripartite conference
ARTICLE 155: Distribution of Homework
-employer of homeworkers- includes: any person, natural or artificial,
who, for his account, or on behalf of any person residing outside the
country, directly or indirectly, or through any employee, agent,
contractor, or subcontractor, or any other person:
(1) delivers or causes to be delivered any materials to be
processed in a home and thereafter to be returned and distributed
according to his directions
(2) sells any goods, articles, materials to be processed or
fabricated in a home and then rebuys them after such processing, either
himself or though another person
-agents of foreign principals are considered employers
-contractor and subcontractor- any person who for the account of or
benefit of an employer delivers or causes to be delivered to the
homeworker goods or articles; and thereafter be returned or distributed
according to the direction of employer
-employer is jointly and severally liable with the contractor or
subcontractor

ARTICLE 151. Employment Certification

a written statement of the nature and duration of the service
includes,the efficiency and conduct as household helper
ARTICLE 152. Employment Records
employer may keep records to reflect the actual terms and
conditions of employment
helper shall authenticate such by signature or thumbmark

Chapter IV
Employment of Homeworkers
ARTICLE 153. Regulation of Industrial Homeworkers
-Industrial homework- a system of production under which work for
an employer or contractor is carried out by a homeworker at his home.
Limitation:
(a) explosives, fireworks, and similar articles

SPECIAL LAWS
REPUBLIC ACT NO. 10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGHT
WORKERS, THEREBY REPEALING ARTICLES 130 AND 131
OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED
FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES
SECTION 1. Article 130 of the Labor Code is hereby repealed.
SEC. 2. Article 131 of the Labor Code is hereby repealed.

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SEC. 3. The subsequent articles in Boot Three, Title III, Chapter I to
Chapter IV of Presidential Decree No. 442 are hereby renumbered
accordingly.
SEC. 4. A new chapter is hereby inserted after Book Three, Title III of
Presidential Decree No. 442, to read as follows:
Chapter V
Employment of Night Workers
Art. 154. Coverage. This chapter shall apply to all persons, who shall
be employed or permitted or suffered to work at night, except those
employed in agriculture, stock raising, fishing, maritime transport and
inland navigation, during a period of not less than seven (7) consecutive
hours, including the interval from midnight to five oclock in the
morning, to be determined by the Secretary of Labor and Employment,
after consulting the workers representatives/labor organizations and
employers.
Night worker means any person employed person whose work
requires performance of a substantial number of hours of night work
which exceeds a specified limit. This limit shall be fixed by the
Secretary of Labor after consulting the workers representatives/labor
organizations and employers.
Art. 155. Health Assessment, At their request, workers 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:
(a) Before taking up an assignment as a night worker;
(b) At regular intervals during such an assignment; and
(c) 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.
Art. 156. Mandatory Facilities. Suitable first-aid facilities 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. The employers are
likewise required to provide safe and healthful working conditions and
adequate or reasonable facilities such as sleeping or resting quarters in
the establishment and transportation from the work premises to the
nearest point of their residence subject to exceptions and guidelines to be
provided by the DOLE.
Art. 157. Transfer. 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.
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.
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.
Art. 158. Women Night Workers. 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:
(a) Before and after childbirth, for a period of at least sixteen (16)
weeks, which shall be divided between the time before and after
childbirth;
(b) 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:
(1) During pregnancy;
(2) 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.
During the periods referred to in this article:
(i) A woman worker shall not be dismissed or given notice of dismissal,
except for just or authorised causes provided for in this Code that are not
connected with pregnancy, childbirth and childcare responsibilities.
(ii) 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.
The measures referred to in this article may include transfer to day
work where this is possible, the provision of social security benefits or
an extension of maternity leave.
The provisions of this article shall not have the effect of reducing the
protection and benefits connected with maternity leave under existing
laws.
Art. 159. Compensation. The compensation for night workers in the
form of working time, pay or similar benefits shall recognize the
exceptional nature of night work.
Art. 160. Social Services.Appropriate social services shall be
provided for night workers and, where necessary, for workers
performing night work.
Art. 161. Night Work Schedules. 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.
SEC. 8. Penalties. Any violation of this Act, and the rules and
regulations issued pursuant hereof shall be punished with a fine of not
less than Thirty thousand pesos (P30,000.00) nor more than Fifty
thousand pesos (P50,000.00) 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.

Republic Act No. 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES

SECTION 43. Entitled to Leave. Victims under this Act 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
section 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.

Republic Act No. 9710

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

Section 18. Special Leave Benefits for Women. - A woman employee

having rendered continuous aggregate employment service of at least six
(6) months for the last twelve (12) months shall be entitled to a special
leave benefit of two (2) months with full pay based on her gross monthly
compensation following surgery caused by gynecological disorders.

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REPUBLIC ACT NO. 8187
AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS
WITH FULL PAY TO ALL MARRIED MALE EMPLOYEES IN
THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR
(4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM
HE IS COHABITING AND FOR OTHER PURPOSES.

SECTION 2. Notwithstanding any law, rules and regulations to the

contrary, every married male employee in the private and public sectors
shall be entitled to a paternity leave of seven (7) days with full pay for
the first four (4) deliveries of the legitimate spouse with whom he is
cohabiting. The male employee applying for paternity leave shall notify
his employer of the pregnancy of his legitimate spouse and the
expected date of such delivery.
For purposes, of this Act, delivery shall include childbirth or any
miscarriage.
REPUBLIC ACT NO. 8972
AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO
SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

Section 3. Definition of Terms. - Whenever used in this Act, the

following terms shall mean as follows:
(a) "Solo parent" - any individual 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.
A change in the status or circumstance of the parent claiming
benefits under this Act, such that he/she is no longer left alone with
the responsibility of parenthood, shall terminate his/her eligibility
for these benefits.
Section 6. Flexible Work Schedule. - The employer shall provide for a
flexible working schedule for solo parents: Provided, That the same shall
not affect individual and company productivity: Provided, further, That
any employer may request exemption from the above requirements from
the DOLE on certain meritorious grounds.
Section 7. Work Discrimination. - No employer shall discriminate
against any solo parent employee with respect to terms and conditions of
employment on account of his/her status.
Section 8. Parental Leave. - In addition to leave privileges under
existing laws, parental leave of not more than seven (7) working days
every year shall be granted to any solo parent employee who has
rendered service of at least one (1) year.