R.

A 7277 MAGNA CARTA FOR DISABLED PERSONS

SECTION 2. Declaration of Polity The grant of the rights and privileges for disabled persons shall be guided by the
following principles:

(a). Disabled persons are part of the Philippine society, thus the Senate shall give full support to the improvement of
the total well-being of disabled persons and their integration into the mainstream of society.

Toward this end, the State shall adopt policies ensuring the rehabilitation, self-development and self-reliance of
disabled persons.

It shall develop their skills and potentials to enable them to compete favorably for available opportunities.

(b). Disabled persons have the same rights as other people to take their proper place in society. They should be able
to live freely and as independently as possible. This must be the concern of everyone the family, community and
all government and non-government organizations. Disabled persons rights must never be perceived as welfare
services by the Government.

(c). The rehabilitation of the disabled persons shall be the concern of the Government in order to foster their capability
to attain a more meaningful, productive and satisfying life. To reach out to a greater number of disabled persons, the
rehabilitation services and benefits

shall be expanded beyond the traditional urban-based centers to community based programs, that will ensure full
participation of different sectors as supported by national and local government agencies.

(d). The State also recognizes the role of the private sector in promoting the welfare of disabled persons and shall
encourage partnership in programs that address their needs and concerns.

(e). To facilitate integration of disabled persons into the mainstream of society, the State shall advocate for and
encourage respect for disabled persons. The State shall exert all efforts to remove all social, cultural, economic,
environmental and attitudinal barriers that

are prejudicial to disabled persons.

SECTION 3. Coverage This Act shall covers all disabled persons and, to the extend herein provided, departments,
offices and agencies of the National Government or non-government organization involved in the attainment of the
objectives of this Act.

SECTION 4. Definition of Terms For purposes of this Act, these terms are defined as follows:

(a). Disabled Persons are those suffering from restriction of different abilities, as a result of a mental, physical or
sensory impairment, to perform an activity in the manner or within the range considered normal for a human being;

(b). Impairment is any loss, diminution or aberration of psychological, physiological, or anatomical structure of
function;

(c). Disability shall mean (1) a physical or mental impairment that substantially limits one or more psychological,
physiological or anatomical function of an individual or activities of such individual; (2) a record of such an impairment;
or (3) being regarded as having such an impairment;

(d). Handicap refers to a disadvantage for a given individual resulting from an impairment or a disability, that limits
or prevents the functions or activity, that is considered normal given the age and sex of the individual;

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SECTION 5. Equal Opportunity for Employment No disabled

persons shall be denied access to opportunities for suitable employment. A qualified disabled employee shall be
subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe
benefits, incentives or allowances as a qualified able-bodied person. Five percent (5%) of all casual, emergency and
contractual positions in the Department of Social Welfare and Development; Health; Education, Culture and Sports;
and other government agencies, offices or corporations engaged in social development shall be reserved for disabled
persons.

SECTION 6. Sheltered Employment If suitable employment for disabled persons cannot be found through open
employment as provided in the immediately preceding Section, the State shall endeavor to provide it by means of
sheltered employment. In the placement of disabled persons in sheltered employment, it shall accord due regard to
the individual qualities, vocational goals and inclinations to ensure a good working atmosphere and efficient
production.

SECTION 7. Apprenticeship Subject to the provision of the Labor Code as amended, disabled persons shall be
eligible as apprentices or learners; Provided, That their handicap is not much as to effectively impede the performance
of job operations in the particular occupation for which they are hired; Provided, further, That after the lapse of the
period of apprenticeship if found satisfactory in the job performance, they shall be eligible for employment.

CHAPTER 1 Discrimination on Employment

SECTION 32. Discrimination on Employment No entity, whether public or private, shall discriminate against a
qualified disabled person by reason of disability in regard to job application procedures, the hiring, promotion, or
discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of
employment. The following constitute acts of discrimination:

(a). Limiting, segregating or classifying a disabled job applicant in such a manner that adversely affects his work
opportunities;

(b). Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out a
disabled person unless such standards, tests or other selection criteria are shown to be jobrelated for the position on
question and are consistent with business necessity;

(c). Utilizing standards, criteria, or methods of administration that:

1). have the effect of discrimination on the basis of disability; or

2). perpetuate the discrimination of others who are subject to common administrative control;

(d). Providing less compensation, such as salary, wage or other forms of remuneration and fringe benefits, to a
qualified disabled employee, by reason of his disability, than the amount to which a non-disabled person performing
the same work is entitled;

(e). Favoring a non-disabled employee over a qualified disabled employee with respect to promotion, training
opportunities, study and scholarship grants, solely on account of the latters disability;

(f). Re-assigning or transferring a disabled employee to a job or position he cannot perform by reason of his disability;

(g). Dismissing or terminating the services of a disabled employee by reason of his disability unless the employer can
prove that he impairs the satisfactory performance of the work involve to the prejudice of the business entities;
Provided, however, That the employer first sought provide reasonable accommodations for disabled persons;

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(h). Failing to select or administer in the effective manner employment tests which accurately reflect the skills, aptitude
or other factor of the disabled applicant or employee that such test purports to measure, rather than the impaired
sensory, manual or speaking skills of such applicant or employee, if any; and

(i). Excluding disabled persons from membership in labor unions or similar organization.

SECTION 33. Employment Entrance Examination Upon an offer of employment, a disabled applicant may be
subjected to medical examination, on the following occasions:

(a). all entering employees are subjected to such an examination regardless of disability;

(b). information obtained during the medical condition or history of the applicant is collected and maintained on
separate forms and in separate medical files and is treated as a confidential medical record, Provided, however, That:

1). supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employees
and necessary accommodations;

2). first aid and safety personnel my be informed, when appropriate, if the disability might require emergency
treatment;

3). government officials investigating compliance with this Act shall be provided relevant information on request; and

4). the results of such examination are used only accordance with this Act.

SECTION 44. Enforcement by the Secretary of Justice

(a). Denial of Right

1). Duty to Investigate the Secretary of Justice shall investigate alleged violations of this Act, and shall undertake
periodic reviews of compliance of covered entities under this Act.

(b). Potential Violations If the Secretary of Justice has reasonable cause to believe that

1). any person or group of persons is engaged in a pattern of practice of discrimination under this Act; or

2). any person or group of persons has been discriminated against under this Act and such discrimination raises and
issue of general public importance, the Secretary of Justice may commence a legal action in any appropriate court.

SECTION 45. Authority of Court The court may grant any equitable relief that such court considers to be
appropriate, including, to the extent required

by this Act:

(a). granting temporary, preliminary or permanent relief;

(b). providing an auxiliary aid or service, modification of policy, practice or procedure, or alternative method; and

(c). making facilities readily accessible to and usable by individuals with disabilities.

SECTION 46. Penal Clause (a) Any person who violates any provision of this Act shall suffer the following penalties:

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1). for the first violation, a fine of not less than Fifty thousand pesos (P 50,000.00) but not exceeding One hundred
thousand pesos(P 100,000.00) or imprisonment of not less than six (6) months but not more than two (2) years, or
both at the discretion of the court; and

2). for any subsequent violation, a fine of not less than One hundred thousand pesos (P 100,000.00) but not exceeding
Two hundred thousand pesos (P 200,000.00) or imprisonment for less than two (2) years but not more than six (6)
years, or both at the discretion of the court.

(b). Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6)
months or a fine of not less than Five thousand pesos (P 5,000.00) but not more than Fifty thousand pesos (P
50,000.00), or both, at the discretion of the court.

(c). If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be
liable therefor.

(d). If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further
deportation proceedings.

WOMEN WOKERS

1987 Constitution

SECTION 14, ART. 2. The State recognizes the role of women in nation-building, and shall ensure the fundamental
equality before the law of women and men.

SECTION 14., ART. 13. The State shall protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of the nation.

LABOR CODE

ART. 130. Nightwork prohibition. - No woman, regardless of age, shall be employed or permitted or suffered to work,
with or without compensation:

(a) In any industrial undertaking or branch thereof between ten oclock at night and six oclock in the morning of the
following day; or

(b) In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and
six oclock in the morning of the following day; or

(c) In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive
hours.

ART. 131. Exceptions. - The prohibitions prescribed by the preceding Article shall not apply in any of the following
cases:

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(a) In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic
or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to
public safety;

(b) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the
employer would otherwise suffer;

(c) Where the work is necessary to prevent serious loss of perishable goods;

(d) Where the woman employee holds a responsible position of managerial or technical nature, or where the woman
employee has been engaged to provide health and welfare services;

(e) Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be
performed with equal efficiency by male workers;

(f) Where the women employees are immediate members of the family operating the establishment or undertaking;
and

(g) Under other analogous cases exempted by the Secretary of Labor and Employment in appropriate regulations.

ART. 132. Facilities for women. - The Secretary of Labor and Employment shall establish standards that will ensure the
safety and health of women employees. In appropriate cases, he shall, by regulations, require any employer to:

(a) Provide seats proper for women and permit them to use such seats when they are free from work and during
working hours, provided they can perform their duties in this position without detriment to efficiency;

(b) To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for
women;

(c) To establish a nursery in a workplace for the benefit of the women employees therein; and

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(d) To determine appropriate minimum age and other standards for retirement or termination in special occupations
such as those of flight attendants and the like.

ART. 133. Maternity leave benefits. - (a) Every employer shall grant to any pregnant woman employee who has
rendered an aggregate service of at least six (6) months for the last twelve (12) months, maternity leave of at least
two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with
full pay based on her regular or average weekly wages. The employer may require from any woman employee applying
for maternity leave the production of a medical certificate stating that delivery will probably take place within two
weeks.

(b) The maternity leave shall be extended without pay on account of illness medically certified to arise out of the
pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work, unless she has earned unused
leave credits from which such extended leave may be charged.

(c) The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries by a
woman employee after the effectivity of this Code.

ART. 134. Family planning services; incentives for family planning. - (a) Establishments which are required by law to
maintain a clinic or infirmary shall provide free family planning services to their employees which shall include, but not
be limited to, the application or use of contraceptive pills and intrauterine devices.

(b) In coordination with other agencies of the government engaged in the promotion of family planning, the
Department of Labor and Employment shall develop and prescribe incentive bonus schemes to encourage family
planning among female workers in any establishment or enterprise.

ART. 135. Discrimination prohibited. - It shall be unlawful for any employer to discriminate against any woman
employee with respect to terms and conditions of employment solely on account of her sex.

The following are acts of discrimination:

(a) Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a
female employees as against a male employee, for work of equal value; and

(b) Favoring a male employee over a female employee with respect to promotion, training opportunities, study and
scholarship grants solely on account of their sexes.

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Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of the rules
and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and 289 of this Code:
Provided, That the institution of any criminal action under this provision shall not bar the aggrieved employee from
filing an entirely separate and distinct action for money claims, which may include claims for damages and other
affirmative reliefs. The actions hereby authorized shall proceed independently of each other. (As amended by Republic
Act No. 6725, May 12, 1989).

ART. 136. Stipulation against marriage. - It shall be unlawful for an employer to require as a condition of employment
or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that
upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge,
discriminate or otherwise prejudice a woman employee merely by reason of her marriage.

ART. 137. Prohibited acts. - (a) It shall be unlawful for any employer:

(1) To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by
him for the purpose of preventing her from enjoying any of the benefits provided under this Code.

(2) To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy;

(3) To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be
pregnant.

ART. 138. Classification of certain women workers . - Any woman who is permitted or suffered to work, with or without
compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective
control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and
Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation.

R.A. 9710 MAGNA CARTA FOR WOMEN

Section 22. Right to Decent Work. - The State shall progressively realize and ensure decent work standards for women
that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human dignity.

(a) Decent work involves opportunities for work that are productive and fairly remunerative as family living wage,
security in the workplace, and social protection for families, better prospects for personal development and social
integration, freedom for people to express their concerns organize, participate in the decisions that affect their lives,
and equality of opportunity and treatment for all women and men.

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(b) The State shall further ensure:

(1) Support services and gears to protect them from occupational and health hazards taking into account women's
maternal functions;

(2) Support services that will enable women to balance their family obligations and work responsibilities including, but
not limited to, the establishment of day care centers and breast-feeding stations at the workplace, and providing
maternity leave pursuant to the Labor Code and other pertinent laws;

(3) Membership in unions regardless of status of employment and place of employment; and

(4) Respect for the observance of indigenous peoples' cultural practices even in the workplace.

(c) In recognition of the temporary nature of overseas work, the State shall exert all efforts to address the causes of
out-migration by developing local employment and other economic opportunities for women and by introducing
measures to curb violence and forced and involuntary displacement of local women. The State shall ensure the
protection and promotion of the rights and welfare of migrant women regardless of their work status, and protect
them against discrimination in wages, conditions of work, and employment opportunities in host countries.

IRR-MAGNA CARTA FOR WOMEN R.A. 9710

SECTION 25. Right to Decent Work The State shall progressively realize and ensure decent work standards for
women that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human
dignity.

A. The DOLE in the case of private sector and the CSC in the case of public sector shall:

1. Advance womens right to decent work by promoting womens rights at work, creating opportunities for women
employment, enhancing social protection coverage, and strengthening tripartism and social dialogue. To achieve this,
the DOLE and CSC shall facilitate adequate consultative mechanisms with workers and employers groups, government
and non-government organizations;

90

2. Together with other concerned agencies ensure the provision of support services and gears to protect women
from occupational and health hazards taking into account womens maternal functions. Further:

a. Women workers shall be protected against safety and health hazards, including, but not limited to, exposure to
hazardous chemicals, infections, conditions leading to musculoskeletal disorders, work environment leading to noise-
induces hearing loss, and exposure to radiation and psychological stressors.

b. By reason of the hazardous nature of work that may cause injury or impairment in the function of any part of the
body, every employer shall provide their women employees with appropriate personal protective equipment (PPE) to
prevent injury or impairment in any part of their bodies as well as ensure proper maintenance of the PPE used in the
workplace.

c. The DOLE, through its concerned agencies, shall make available occupational safety and health (OSH)related
programs and services to women workers in the formal and informal sectors. These include, but are not limited to, the
conduct of OSH orientations and trainings, medical surveillance and research, screening tests for reproductive tract

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diseases, provisions for technical support/advice, and development of information, education and communication
materials.

3. Work closely with both the employers and unions or worker representatives, in the private sector in promoting a
safe and healthy workplace. Further:

a. Employers both in the public and private sectors shall provide services in support to balancing family obligations
and work responsibilities. These include family health services but not limited to: day care and child minding centers,
breastfeeding or lactation stations with

91

appropriate facilities and corresponding nursing/lactation breaks, health education, counseling on breastfeeding,
seminars on responsible parenthood and family planning, non-sexist child-rearing, shared parenting and family
responsibility, annual family day, flexible work arrangements, and anti-sexual harassment initiatives.

Compliance by government agencies and private employers shall be monitored by the CSC and DOLE, respectively. In
establishing facilities as required by law, the LGUs shall make compliance thereof a pre-requisite in the grant of any
form of building and business permit.

b. In the exercise of their labor rights, women workers are free to exercise their right to self-organization and are
encouraged to form unions and join associations. The DOLE and CSC shall ensure that such rights are respected
regardless of the workers status and place of employment. DOLE and CSC shall also support programs that will
encourage women to develop their leadership skills to accelerate their qualifications in positions of leadership.

c. Employees who are members of indigenous communities shall be allowed to observe their cultural practices in the
workplace provided that the employer is notified by the applicant or employee about the cultural practice/s that she
needs to observe and the cultural practice/s will neither hamper work efficiency of the employee nor be prejudicial to
the operation of the workplace.

OMNIBUS RULES LABOR CODE BOOK 3, RULE 13

SECTION 11. Opportunity for education. If the househelper is under the age of eighteen (18) years, the employer
shall give him or her an opportunity for at least elementary education. The cost of such education shall be part of the
househelper's compensation, unless there is a stipulation to the contrary

RA 9710

SEC. 17. Womens Right to Health. (a) Comprehensive Health Services. The State shall, at all times, provide for a
comprehensive, culturesensitive, and gender-responsive health services and programs covering all stages of a
womans life cycle and which addresses the major causes of womens mortality and morbidity: Provided, That in the
provision for comprehensive health services, due respect shall be accorded to womens religious convictions, the rights
of the spouses to found a family in accordance with their religious convictions, and the demands of responsible
parenthood, and the right of women to protection from hazardous drugs, devices, interventions, and substances.

Access to the following services shall be ensured:

(1) Maternal care to include pre-and post-natal services to address pregnancy and infant health and nutrition;

(2) Promotion of breastfeeding;

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(3) Responsible, ethical, legal, safe, and effective methods of family planning;

(4) Family and State collaboration in youth sexuality education and health services without prejudice to the primary
right and duty of parents to educate their children;

(5) Prevention and management of reproductive tract infections, including sexually transmitted diseases, HIV, and
AIDS;

(6) Prevention and management of reproductive tract cancers like breast and cervical cancers, and other gynecological
conditions and disorders;

(7) Prevention of abortion and management of pregnancy-related complications;

(8) In cases of violence against women and children, women and children victims and survivors shall be provided with
comprehensive health services that include psychosocial, therapeutic, medical, and legal interventions and assistance
towards healing, recovery, and empowerment;

(9) Prevention and management of infertility and sexual dysfunction pursuant to ethical norms and medicals
standards;

(10) Care of the elderly women beyond their child-bearing years; and

(11) Management, treatment, and intervention of mental health problems of woman and girls.

In addition, healthy lifestyle activities are encouraged and promoted through programs and projects as strategies in
the prevention of diseases.

(b) Comprehensive Health Information and Education. The State shall provide women in all sectors with appropriate,
timely, complete, and accurate information and education of all the above-stated aspects of womens health in
government education and training programs, with due regard to the following:

(1) The natural and primary right and duty of parents in the rearing of the youth and the development of moral
character and the right of children to be brought up in an atmosphere of morality and rectitude for the enrichment
and strengthening of character;

(2) The formation of a persons sexuality that affirms human dignity; and

(3) Ethical, legal, safe, and effective family planning methods including fertility awareness.

SEC. 22. Right to Decent Work. The State shall progressively realize and ensure decent work standards for women
that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human dignity.

(b) The State shall further ensure:

(1) Support services and gears to protect them from occupational and health hazards taking into account womens
maternal functions;

(2) Support services that will enable women to balance their family obligations and work responsibilities including, but
not limited to, the establishment of day care centers and breast-feeding stations at the workplace, and providing
maternity leave pursuant to the Labor Code and other pertinent laws;

(3) Membership in unions regardless of status of employment and place of employment; and

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(4) Respect for the observance of indigenous peoples cultural practices even in the workplace.

IRR-MAGNA CARTA FOR WOMEN

SECTION 18. Women in the Military, Police and Other Similar Services The State shall pursue appropriate measures
to eliminate discrimination of women in the military, police, and other similar services, including revising or abolishing
policies and practices that restrict women from availing of both combat and non-combat training that are open to
men, or from taking on functions other than administrative tasks, such as engaging in combat, security-related, or field
operations. Women in the military shall be accorded the same promotional privileges and opportunities as men,
including pay increases, additional remunerations and benefits, and awards based on their competency and quality of
performance. They shall not be subjected to harassment and violence, including verbal and sexual abuses in all stages
of their recruitment, training and service. Towards this end, the State shall ensure that the personal dignity of women
shall always be respected.

Women in the military, police, and other similar services shall be provided with the same right to employment as men
on equal conditions. Equally, they shall be accorded the same capacity as men to act in and enter into contracts,
including marriage.

Further, women in the military, police, and other similar services shall be entitled to leave benefits such as maternity
leave, as provided for by existing laws. For this purpose:

The DND, DILG, DOJ and LGUs shall

A. 9. Ensure the rights of women in the military, police and similar services to decent facilities and personal
protective equipment:
a. Provide decent billet facilities and quartering, separate from the men, in the military police and similar
services, regardless of the location or type of assignment;
b. Establish a child-care facility, child-minding room or breastfeeding room for women in the military, police
and similar services as well as for women civilian employees; and
c. Provide women in the military, police and similar services with well-fitting personal protective equipment
and other operational equipment that shall ensure their safety while in the performance of their duties;

B. Increase the quota to twenty percent (20%) for female admission into all officer-candidate and non-officer
schools and institutions in the military, police and similar services, including but not limited to the Philippine
Military Academy (PMA), Officer Candidate School (OCS), Philippine National Police Academy (PNPA),
Philippine Public Safety College (PPSC).

SECTION 20. Women's Right to Health The State shall, at all times, provide for comprehensive, culture-sensitive,
and gender-responsive health services and programs covering all stages of a woman's life cycle and which address the
major causes of women's mortality and morbidity: Provided, that in the provision for comprehensive health services,
due respect shall be accorded to women's religious convictions, the rights of the spouses to found a family in
accordance with their religious convictions, the demands of responsible parenthood, and the right of women to
protection from hazardous drugs, devices, interventions, and substances.

In order to eliminate discrimination against women, the State shall develop and implement a comprehensive national
strategy consisting of health programs, services and information for promoting womens right to health throughout
their lifespan. The strategy shall have as a major goal the reduction of womens health risks, particularly those resulting
from complications of pregnancy and childbirth as well as gender-based violence. It shall remove all barriers interfering

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with womens access to health services and information and protect women from the impact of cultural practices and
norms that deny them of their full rights to health. It shall include interventions aimed at the prevention and treatment
of diseases affecting women, as well as policies to provide and enable access to a full range of high quality and
affordable health care services.

A. Comprehensive Health Services - Access to the following programs and services shall be ensured:

3. Responsible, ethical, legal, safe, and effective methods of family planning;

SECTION 25. Right to Decent Work The State shall progressively realize and ensure decent work standards for
women that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human
dignity.

A. The DOLE in the case of private sector and the CSC in the case of public sector shall:

3. Work closely with both the employers and unions or worker representatives, in the private sector in
promoting a safe and healthy workplace. Further:
a. Employers both in the public and private sectors shall provide services in support to balancing family
obligations and work responsibilities. These include family health services but not limited to: day care and
child minding centers, breastfeeding or lactation stations with
91
appropriate facilities and corresponding nursing/lactation breaks, health education, counseling on
breastfeeding, seminars on responsible parenthood and family planning, non-sexist child-rearing, shared
parenting and family responsibility, annual family day, flexible work arrangements, and anti-sexual
harassment initiatives.
Compliance by government agencies and private employers shall be monitored by the CSC and DOLE,
respectively. In establishing facilities as required by law, the LGUs shall make compliance thereof a pre-
requisite in the grant of any form of building and business permit.
b. In the exercise of their labor rights, women workers are free to exercise their right to self-organization and
are encouraged to form unions and join associations. The DOLE and CSC shall ensure that such rights are
respected regardless of the workers status and place of employment. DOLE and CSC shall also support
programs that will encourage women to develop their leadership skills to accelerate their qualifications in
positions of leadership.
c. Employees who are members of indigenous communities shall be allowed to observe their cultural practices
in the workplace provided that the employer is notified by the applicant or employee about the cultural
practice/s that she needs to observe and the cultural practice/s will neither hamper work efficiency of the
employee nor be prejudicial to the operation of the workplace.

R.A. 8282 (SSS)

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 "SEC. 14-A. Maternity Leave Benefit. - A female member who has paid at least three (3) monthly contributions in the
twelve-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily
maternity benefit equivalent to one hundred percent (100%) of her average daily salary credit for sixty (60) days or
seventy-eight (78) days in case of caesarian delivery, subject to the following conditions:

"(a) That the employee shall have notified her employer of her pregnancy and the probable date of her childbirth,
which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide;

"(b) The full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave
application;

"(c) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits Provided by this Act
for the same period for which daily maternity benefits have been received;

"(d) That the maternity benefits Provided under this section shall be paid only for the first four (4) deliveries or
miscarriages;

"(e) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity
benefits advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality
thereof; and

"(f) That if an employee member should give birth or suffer miscarriage without the required contributions having
been remitted for her by her employer to the SSS, or without the latter having been previously notified by the
employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which
said employee member would otherwise have been entitled to.

R.A. 9262 DEFENDING VIOLENCE AGAINST WOMEN AND CHILDREN

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against
a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but
is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning
and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch
obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the
abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or
other harm or threat of physical or other harm or coercion;

13
c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation,
repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form
or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but
is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal,
community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and
psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating
relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the
purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves
as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other
children under her care.

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.

14
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.

RA 9710

Section 4. Definitions. - For purposes of this Act, the following terms shall mean:

(k) "Violence Against Women" refers to any act of gender-based violence that results in, or is likely to result in, physical,
sexual, or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation
of liberty, whether occurring in public or in private life. It shall be understood to encompass, but not limited to, the
following:

(1) Physical, sexual, psychological, and economic violence occurring in the family, including battering, sexual abuse of
female children in the household, dowry-related violence, marital rape, and other traditional practices harmful to
women, non-spousal violence, and violence related to exploitation;

(2) Physical, sexual, and psychological violence occurring within the general community, including rape, sexual abuse,
sexual harassment, and intimidation at work, in educational institutions and elsewhere, trafficking in women, and
prostitution; and

(3) Physical, sexual, and psychological violence perpetrated or condoned by the State, wherever it occurs.

It also includes acts of violence against women as defused in Republic Acts No. 9208 and 9262.

Section 17. Women's Right to Health. - (a) Comprehensive Health Services. - The State shall, at all times, provide for
a comprehensive, culture-sensitive, and gender-responsive health services and programs covering all stages of a
woman's life cycle and which addresses the major causes of women's mortality and morbidity: Provided, That in the
provision for comprehensive health services, due respect shall be accorded to women's religious convictions, the rights
of the spouses to found a family in accordance with their religious convictions, and the demands of responsible
parenthood, and the right of women to protection from hazardous drugs, devices, interventions, and substances.

(8) In cases of violence against women and children, women and children victims and survivors shall be provided with
comprehensive health services that include psychosocial, therapeutic, medical, and legal interventions and assistance
towards healing, recovery, and empowerment;

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.

SECTION 7. Definition of Terms As used in these Rules and Regulations, the following terms shall mean:

T. Special leave benefits for women refers to a female employees leave entitlement of two (2) months with full
pay from her employer based on her gross monthly compensation following surgery caused by gynecological disorders,
provided that she has rendered continuous aggregate employment service of at least six (6) months for the last 12
months;

SECTION 21. Special Leave Benefits for Women

15
A. Any female employee in the public and private sector regardless of age and civil status shall be entitled to a special
leave of two (2) months with full pay based on her gross monthly compensation subject to existing laws, rules and
regulations due to surgery caused by gynecological disorders under such terms and conditions:

1. She has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months
prior to surgery;

2. In the event that an extended leave is necessary, the female employee may use her earned leave credits; and

3. This special leave shall be non-cumulative and nonconvertible to cash.

B. The CSC, in the case of the public sector including LGUs and other State agencies, and the DOLE, in the case of the
private sector, shall issue further guidelines and appropriate memorandum circulars within sixty (60) days from the
adoption of these Rules and Regulations to operationalize said policy, and monitor its implementation and act on any
violations thereof.

1987 CONSTITUTION

ARTICLE 2, SECTION 13. The State recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs.

R.A. NO. 9231 ELIMINATION OF CHILD LABOR

Section 2. Section 12 of the same Act, as amended, is hereby further amended to read as follows:

"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not be employed except:

"1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only
members of his/her family are employed: Provided, however, That his/her employment neither endangers his/her life,
safety, health, and morals, nor impairs his/her normal development: Provided, further, That the parent or legal
guardian shall provide the said child with the prescribed primary and/or secondary education; or

"2) Where a child's employment or participation in public entertainment or information through cinema, theater,
radio, television or other forms of media is essential: Provided, That the employment contract is concluded by the
child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of
the Department of Labor and Employment: Provided, further, That the following requirements in all instances are
strictly complied with:

"(a) The employer shall ensure the protection, health, safety, morals and normal development of the child;

"(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the
system and level of remuneration, and the duration and arrangement of working time; and

16
"(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities,
a continuing program for training and skills acquisition of the child.

"In the above-exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of
the above requirements.

"For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age."

OMNIBUS RULES LC BOOK 3, RULE XII

SECTION 1. General statement on coverage. This Rule shall apply to all employers, whether operating for profit or
not, including educational, religious and charitable institutions, except to the Government and to government owned
or controlled corporations and to employers of household helpers and persons in their personal service insofar as such
workers are concerned.

HOUSEHELPER OMNIBUS RULES

SECTION 1. General statement on coverage. (a) The provisions of this Rule shall apply to all househelpers whether
employed on full or part-time basis. (b) The term "househelper" as used herein is synonymous to the term "domestic
servant" and shall refer to any person, whether male or female, who renders services in and about the employer's
home and which services are usually necessary or desirable for the maintenance and enjoyment thereof, and ministers
exclusively to the personal comfort and enjoyment of the employer's family.

COVERAGE/LABOR CODE

ART. 141. Coverage. - This Chapter shall apply to all persons rendering services in households for compensation.

"Domestic or household service" shall mean service in the employers home which is usually necessary or desirable for
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.

ART. 145. Assignment to non-household work. - No househelper shall be assigned to work in a commercial, industrial
or agricultural enterprise at a wage or salary rate lower than that provided for agricultural or non-agricultural workers
as prescribed herein.

ART. 142. Contract of domestic service. - The original contract of domestic service shall not last for more than two (2)
years but it may be renewed for such periods as may be agreed upon by the parties.

ART. 143. Minimum wage. - (a) Househelpers shall be paid the following minimum wage rates:

17
(1) Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay, and Caloocan cities and
municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Paraaque, Las Pias, Pasig,
Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities;

(2) Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class municipalities; and

(3) Five hundred fifty pesos (P550.00) a month for those in other municipalities.

Provided, That the employers shall review the employment contracts of their househelpers every three (3) years with
the end in view of improving the terms and conditions thereof.

Provided, further, That those househelpers who are receiving at least One thousand pesos (P1,000.00) shall be covered
by the Social Security System (SSS) and be entitled to all the benefits provided thereunder. (As amended by Republic
Act No. 7655, August 19, 1993).

ART. 144. Minimum cash wage. - The minimum wage rates prescribed under this Chapter shall be the basic cash wages
which shall be paid to the househelpers in addition to lodging, food and medical attendance.

ART. 145. Assignment to non-household work. - No househelper shall be assigned to work in a commercial, industrial
or agricultural enterprise at a wage or salary rate lower than that provided for agricultural or non-agricultural workers
as prescribed herein.

ART. 146. Opportunity for education. - If the househelper is under the age of eighteen (18) years, the employer shall
give him or her an opportunity for at least elementary education. The cost of education shall be part of the
househelpers compensation, unless there is a stipulation to the contrary.

ART. 147. Treatment of househelpers. - The employer shall treat the househelper in a just and humane manner. In no
case shall physical violence be used upon the househelper.

ART. 148. Board, lodging, and medical attendance. - The employer shall furnish the househelper, free of charge,
suitable and sanitary living quarters as well as adequate food and medical attendance.

18
ART. 149. Indemnity for unjust termination of services. - If the period of household service is fixed, neither the
employer nor the househelper may terminate the contract before the expiration of the term, except for a just cause.
If the househelper is unjustly dismissed, he or she shall be paid the compensation already earned plus that for fifteen
(15) days by way of indemnity.

If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid salary due him or her not
exceeding fifteen (15) days.

ART. 152. Employment record. - The employer may keep such records as he may deem necessary to reflect the actual
terms and conditions of employment of his househelper, which the latter shall authenticate by signature or
thumbmark upon request of the employer.

CIVIL CODE

Article 1689. Household service shall always be reasonably compensated. Any stipulation that household service is
without compensation shall be void. Such compensation shall be in addition to the house helper's lodging, food, and
medical attendance.

Article 1690. The head of the family shall furnish, free of charge, to the house helper, suitable and sanitary quarters
as well as adequate food and medical attendance.

Article 1691. If the house helper is under the age of eighteen years, the head of the family shall give an opportunity
to the house helper for at least elementary education. The cost of such education shall be a part of the house helper's
compensation, unless there is a stipulation to the contrary.

Article 1692. No contract for household service shall last for more than two years. However, such contract may be
renewed from year to year.

Article 1693. The house helper's clothes shall be subject to stipulation. However, any contract for household service
shall be void if thereby the house helper cannot afford to acquire suitable clothing.

Article 1694. The head of the family shall treat the house helper in a just and humane manner. In no case shall physical
violence be used upon the house helper.

Article 1695. House helpers shall not be required to work more than ten hours a day. Every house helper shall be
allowed four days' vacation each month, with pay.

Article 1696. In case of death of the house helper, the head of the family shall bear the funeral expenses if the house
helper has no relatives in the place where the head of the family lives, with sufficient means therefor.

Article 1697. If the period for household service is fixed neither the head of the family nor the house helper may
terminate the contract before the expiration of the term, except for a just cause. If the house helper is unjustly
dismissed, he shall be paid the compensation already earned plus that for fifteen days by way of indemnity. If the
house helper leaves without justifiable reason, he shall forfeit any salary due him and unpaid, for not exceeding fifteen
days.

RULE XII, SEC. 18 OMNIBUS RULES

SECTION 18. Employment records. The employer may keep such records as he may deem necessary to reflect the
actual terms and conditions of employment of his househelper which the latter shall authenticate by signature or
thumbmark upon request of the employer.

19
TERMINATION

ART. 150. Service of termination notice. - If the duration of the household service is not determined either in stipulation
or by the nature of the service, the employer or the househelper may give notice to put an end to the relationship five
(5) days before the intended termination of the service.

ART. 151. Employment certification. - Upon the severance of the household service relation, the employer shall give
the househelper a written statement of the nature and duration of the service and his or her efficiency and conduct
as househelper.

CIVIL CODE:

Article 1698. If the duration of the household service is not determined either by stipulation or by the nature of the
service, the head of the family or the house helper may give notice to put an end to the service relation, according to
the following rules:

(1) If the compensation is paid by the day, notice may be given on any day that the service shall end at the close of the
following day;

(2) If the compensation is paid by the week, notice may be given, at the latest on the first business day of the week,
that the service shall be terminated at the end of the seventh day from the beginning of the week;

(3) If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the
service shall cease at the end of the month.

Article 1699. Upon the extinguishment of the service relation, the house helper may demand from the head of the
family a written statement on the nature and duration of the service and the efficiency and conduct of the house
helper.

SECTION 14. Indemnity for unjust termination of service. If the period for household service is fixed, neither the
employer nor the househelper may terminate the contract before the expiration of the term, except for a just cause.
If the househelper is unjustly dismissed, he or she shall be paid the compensation already earned plus that for fifteen
(15) days by way of indemnity. If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid
salary due him or her not exceeding fifteen (15) days.

SECTION 15. Employment certification. Upon the severance of the household service relationship, the househelper
may demand from the employer a written statement of the nature and duration of the service and his or her efficiency
and conduct as househelper.

20
ART. 149. Indemnity for unjust termination of services. - If the period of household service is fixed, neither the
employer nor the househelper may terminate the contract before the expiration of the term, except for a just cause.
If the househelper is unjustly dismissed, he or she shall be paid the compensation already earned plus that for fifteen
(15) days by way of indemnity.

If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid salary due him or her not
exceeding fifteen (15) days.

HOMEWORKERS

ART. 153. Regulation of industrial homeworkers. - The employment of industrial homeworkers and field personnel
shall be regulated by the government through the appropriate regulations issued by the Secretary of Labor and
Employment to ensure the general welfare and protection of homeworkers and field personnel and the industries
employing them.

ART. 154. Regulations of Secretary of Labor. - The regulations or orders to be issued pursuant to this Chapter shall be
designed to assure the minimum terms and conditions of employment applicable to the industrial homeworkers or
field personnel involved.

ART. 155. Distribution of homework. - For purposes of this Chapter, the "employer" of homeworkers includes any
person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country,
directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person:

(1) Delivers, or causes to be delivered, any goods, articles or materials to be processed or fabricated in or about a
home and thereafter to be returned or to be disposed of or distributed in accordance with his directions; or

(2) Sells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys them after
such processing or fabrication, either by himself or through some other person.

SECTION 6. Disagreement between homeworkers and employer. In cases of disagreement between the
homeworker and the employer, contractor or subcontractor on matters falling under Section 4 (a), 5 and 6 of this Rule,
either party may refer the case to the Regional Office having jurisdiction over the homeworker. The Regional Office
shall decide the case within ten (10) working days from receipt of the case. Its decision shall be final and un appealable.

MINORS

CONSTITUTION

SECTION 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.

21
LABOR CODE:

ART. 139. Minimum employable age. - (a) No child below fifteen (15) years of age shall be employed, except when he
works directly under the sole responsibility of his parents or guardian, and his employment does not in any way
interfere with his schooling.

(b) Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and
such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations.

(c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an
undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment.

ART. 140. Prohibition against child discrimination. - No employer shall discriminate against any person in respect to
terms and conditions of employment on account of his age.

OMNIBUS RULES LABOR CODE

SECTION 2. Employable age. Children below fifteen (15) years of age may be allowed to work under the direct
responsibility of their parents or guardians in any non-hazardous undertaking where the work will not in any way
interfere with their schooling. In such cases, the children shall not be considered as employees of the employers or
their parents or guardians.

SECTION 3. Eligibility for employment. Any person of either sex, between 15 and 18 years of age, may be employed
in any non-hazardous work. No employer shall discriminate against such person in regard to terms and conditions of
employment on account of his age. For purposes of this Rule, a non-hazardous work or undertaking shall mean any
work or activity in which the employee is not exposed to any risk which constitutes an imminent danger to his safety
and health. The Secretary of Labor and Employment shall from time to time publish a list of hazardous work and
activities in which persons 18 years of age and below cannot be employed.

ILO CONVENTION ART. 139

Article 13

1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or
through any other media of the childs choice.

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law
and are necessary:

a) For respect of the rights or reputations of others; or

b)For the protection of national security or of public order (ordre public), or of public health or morals.

22
R.A 7610 (PROTECTION AGAINST VIOLENCE AGAINST WOMEN AND CHILDREN)

Section 12. Employment of Children. Children below fifteen (15) years of age may be employed except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members
of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety and
health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall
provide the said minor child with the prescribed primary and/or secondary education; or

(2) When a child's employment or participation in public & entertainment or information through cinema, theater,
radio or television is essential: Provided, The employment contract concluded by the child's parent or guardian, with
the express agreement of the child concerned, if possible, and the approval of the Department of Labor and
Employment: Provided, That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the
system and level of remuneration, and the duration and arrangement of working time; and;

(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a
continuing program for training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging
such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above
requirement.

The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.

Section 13. Non-formal Education for Working Children. The Department of Education, Culture and Sports shall
promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and
vocational efficiency of working children who have not undergone or finished elementary or secondary education.
Such course design shall integrate the learning process deemed most effective under given circumstances.

Section 14. Prohibition on the Employment of Children in Certain Advertisements. No person shall employ child
models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its
byproducts and violence.

Section 15. Duty of Employer. Every employer shall comply with the duties provided for in Articles 108 and 109 of
Presidential Decree No. 603.

Section 16. Penalties. Any person who shall violate any provision of this Article shall suffer the penalty of a fine of
not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not
less than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided, That, in
case of repeated violations of the provisions of this Article, the offender's license to operate shall be revoked.

R.A 9231 ELIMINATION OF THE WORST FORMS OF CHILD LABOR

Section 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as
Sections 12-A, 12-B, 12-C, and 12-D to read as follows:

23
"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Section 12 of this Act, as amended:

"(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a
week: Provided, That the work shall not be more than four (4) hours at any given day;

"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours
a day, and in no case beyond forty (40) hours a week;

"(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening and six
o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be
allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day."

Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the worst forms of child labor.
The phrase "worst forms of child labor" shall refer to any of the following:

"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar to slavery
such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including
recruitment of children for use in armed conflict; or

"(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for
pornographic performances; or

"(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of
dangerous drugs and volatile substances prohibited under existing laws; or

"(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to
the health, safety or morals of children, such that it:

"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or

"b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may
prejudice morals; or

"c) Is performed underground, underwater or at dangerous heights; or

"d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated
tools; or

"e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength
or contortion, or which requires the manual transport of heavy loads; or

"f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements,
substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and
the like, or to extreme temperatures, noise levels, or vibrations; or

"g) Is performed under particularly difficult conditions; or

"h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites;
or

"i) Involves the manufacture or handling of explosives and other pyrotechnic products."

Section 5. Section 14 of the same Act is hereby amended to read as follows:

24
"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child shall be employed as a model
in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its
byproducts, gambling or any form of violence or pornography."

Section 9. The same Act is hereby further amended by adding new sections to Section 16 to be denominated as
Sections 16-A, 16-B and 16-C to read as follows:

"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over all cases involving offenses punishable
under this Act: Provided, That in cities or provinces where there are no family courts yet, the regional trial courts and
the municipal trial courts shall have concurrent jurisdiction depending on the penalties prescribed for the offense
charged.

"The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from
the date of filing.

"If the preliminary investigation establishes a prima facie case, then the corresponding information shall be filed in
court within forty eight (48) hours from the termination of the investigation.

"Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from the date of filing of
information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission
of the case.

HOMEWOREMPLOYMENT OF HOMEWORKERS

ART. 153. Regulation of industrial homeworkers. - The employment of industrial homeworkers and field personnel
shall be regulated by the government through the appropriate regulations issued by the Secretary of Labor and
Employment to ensure the general welfare and protection of homeworkers and field personnel and the industries
employing them.

ART. 154. Regulations of Secretary of Labor. - The regulations or orders to be issued pursuant to this Chapter shall be
designed to assure the minimum terms and conditions of employment applicable to the industrial homeworkers or
field personnel involved.

ART. 155. Distribution of homework. - For purposes of this Chapter, the "employer" of homeworkers includes any
person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country,
directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person:

(1) Delivers, or causes to be delivered, any goods, articles or materials to be processed or fabricated in or about a
home and thereafter to be returned or to be disposed of or distributed in accordance with his directions; or

(2) Sells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys them after
such processing or fabrication, either by himself or through some other person. KERS

25
D.O. 5 RULE XIV OF THE LABOR CODE IRR

DEFINITIONS Sec. 2

A. Industrial Homework is a system of production under which work for an employer or contractor is carried out
by a homework at his/her home. Materials may or may not be furnished by the employer or contractor.

It differs from regular factory production principally in that, it is a decentralized form of production where
there is ordinarily very little supervision or regulation of methods of work

B. Industrial Homeworker means a worker who is engaged in industrial homework

C. Home means any room, house, apartment or other premises used regularly, in whole or in part as dwelling
place, except those situated within the premises or compound of an employer, contractor or subcontractor
and the work performed therein is under the active or personal supervision by or for the latter.
D. Employer means any natural or artificial person who, for his own account or benefit or on behalf of any person
residing outside the Philippines, directly or indirectly or through any employee, agent, contractor,
subcontractor or any other person
i) Delivers or causes to be delivered any goods, articles or materials to be processed or fabricated in or about
a home and thereafter to be returned or to be disposed of or distributed in accordance with his discretion.
ii) Sells any goods, articles or materials for the purpose of having such goods or articles processed in or about
a home and then repurchases them himself or through another after such processing.
E. Contractor or subcontractor means any person who, for the account or benefit of an employer, delivers or
causes to be delivered to a homeworker goods or articles to e processed in or about his home and thereafter
to be returned, disposed of or distributed in accordance with the direction of the employer.
F. Processing means manufacturing, fabricating, finishing, repairing, altering, packing, wrapping or handling in
any way connected with the production or preparation of an article or material.
G. Cooperative is an association registered under the cooperative code of the Philippines.
H. Department means the Department of Labor and Employment.

SECTION 4. Registration of Homeworkers Organization any applicant homeworker organization or association shall
acquire legal personality, and shall be entitled to the rights and privileges granted by law to legitimate labor
organizations upon issuance of the certificate of registration based on the following requirements.

a. Fifty five pesos registration fee

b. The names of its officers, their addresses, the principal address of the homeworkers organization, the minutes
of the organizational meetings and the list of the workers who participated in such meetings
c. The names of all its members comprising at least 20 percent of all the workers in the bargaining unit where it
seeks to operate if applicable
d. If the applicant has been in existence for more than one or more years, copies of its annual financial reports
e. Four copies of the constitution and the by-laws of the applicant organization, the minutes of its adoption or
ratification and the list of members who participated in it.

SECTION 5. Registration of Employer, Contractor and Subcontractor the department shall, as soon as possible,
conduct consultation meetings with government agencies requiring registration of employers and determine if the
data being supplied by the registration forms of such agencies are the same as or similar those needed by the
Department in the implementation of this regulations. If the registration forms of other agencies do not provide the
data needed by the DOLE, it shall inquire into the possibility of adopting a common registration form with other
agencies that will provide the data needed by all the agencies.

SECTION 6. Payment of homework immediately upon receipt of the finished goods or articles, the employer shall
pay the homework or the contractor or subcontractor, as the case may be, for the work performed less corresponding
homeworkers share of SSS, MEDICARE AND ECC premium contributions which shall be remitted by the contractor or

26
subcontractor or employer to the SSS with the employers share. However, where payment is made to a contractor or
subcontractor, the homeowner shall likewise be paid immediately after the goods or articles have been collected from
the workers

SECTION 7. Standard rates. At the initiative of the Department or upon petition of any interested party, the Secretary
of Labor and Employment or his authorized representative shall establish the standard output rate or standard
minimum rate in appropriate orders for the particular work or processing to be performed by the homeworkers.

The standard output rates or piece rates shall be determined through any of the following procedures.

a. Time and motion studies

b. An individual/collective agreement between the employer and its workers as approved by the secretary or his
authorized representative
c. Consultation with representatives of employers and workers organizations in a tripartite conference called by
the secretary.

The time and motion studies shall be undertaken by the regional office having jurisdiction over the location of the
premise/s used regularly by the homeworkers. However, where the job operation or activity is being likewise
performed by regular factory workers at the factory or premises if the employer, the time and motion studies shall
be conducted by the regional office having jurisdiction over the location of the main undertaking or business of
the employer. Piece rates established through time and motion studies conducted at the factory or main
undertaking of the employer shall be applicable to the homeworkers performing the same job activity. The
standard piece rate shall be issued by the regional office within one month after a request has been made at the
said office.

Upon request of the regional office, the bureau of working conditions shall provide assistance in the conduct of
such studies.

Non-compliance with the established standard rates can be the subject of complaint which shall be filed at the
regional office.

SECTION 8. Deductions - no employer, contractor or subcontractor shall make any deduction from the
homeworkers earnings for the value of materials which have been lost, destroyed, soiled or otherwise damaged
unless the following conditions are met:

a. The homeworker concerned is clearly shown to be responsible for the damage or loss
b. The homeworker is given reasonable opportunity to show cause why deductions should not be made
c. The amount of such deduction is fair and reasonable and shall not exceed the actual loss or damage
d. The deduction is made at such rate that the amount deducted does not exceed 20% of the homeworkers
earnings in a week.

SECTION 9. Conditions for payment of work.

a. The employer may require the homeworker to redo the work which has been improperly executed
without having to pay the stipulated rate again.
b. An employer, contractor or subcontractor need not pay the homeworker for any work which has been
done on goods and articles which have been returned for reasons attributable to the fault of the
homeworker.

27
 SECTION 10. Enforcement Power the regional director shall have the power to order ad administer compliance with
the provisions of the law and regulations affecting the terms and conditions of employment of homeworkers and shall
have the jurisdiction in cases involving violations of this rule.

Complaints for violations of labor standards and the terms and conditions of employment involving money claims of
homeworkers in an amount not more than 5,000 per homeworker shall be heard and decided by the regional director.
He shall have the power to order and administer after due process and hearing compliance with the provisions of this
rule.

In cases where the findings of the regional office show that the money claims due a homeworker exceed 5,000, the
same shall be endorsed to the appropriate regional arbitration of the nlrc.

Non-compliance with the order issued by the regional director can be the subject of the prosecution in accordance
with the penal provisions of the labor code.

In cases of disagreement between the homeworker and the employer, contractor or subcontractor on a matter falling
under this rule, either party may refer the case to the regional office having the jurisdiction over the workplace of the
homeworker. The regional office shall decide the case within 10 working days from receipt of the case. Its decision
shall be final and executory.

SECTION 11. Duties of employer, contractor or subcontractor. Whenever an employer shall contract with another for
the performance of the employers work, it shall be the duty of such employer to provide in such contract that the
employees or homeworkers of the contractor and the latters subcontractor shall be paid in accordance with the
provisions of this rule. In the event that such contractor or subcontractor fails to pay the wages or earnings of his
employees or homeworkers as specified in this rules, such employer shall be jointly and severally liable with the
contractor or subcontractor to the workers of the latter, to the extent that such work is performed under such
contract, in the same manner as If the employees or homeworkers were directly engaged by the employer. The
employer, contractor or subcontractor shall assist the homeworkers in the maintenance of basic safe and healthful
working conditions at the homeworkers place of work.

SECTION 13. Prohibitions for homework no homework shall be performed on the following: (1) explosives fireworks
and articles of like character; (2) drugs and poisons and (3) other articles, the processing of which requires exposure
to toxic substances.

CONDITIONS OF WORK

LABOR CODE

ART. 82. Coverage. - The provisions of this Title shall apply to employees in all establishments and undertakings
whether for profit or not, but not to government employees, managerial employees, field personnel, 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 duty consists of the management of the
establishment in which they are employed or of a department or subdivision thereof, and to other officers or members
of the managerial staff.

28
"Field personnel" shall refer to non-agricultural employees who regularly perform their duties away from the principal
place of business or branch office of the employer and whose actual hours of work in the field cannot be determined
with reasonable certainty.

ART. 83. Normal hours of work. - The normal hours of work of any employee shall not exceed eight (8) hours a day.

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, "health
personnel" shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory
technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

ART. 84. Hours worked. - Hours worked shall include (a) all time during which an employee is required to be on duty
or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work.

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

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.

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.

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 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.

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.

29
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) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an
actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic,
or other disaster or calamity;

(c) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss
or damage to the employer or some other cause of similar nature;

(d) When the work is necessary to prevent loss or damage to perishable goods; and

(e) Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious
obstruction or prejudice to the business or operations of the employer.

Any employee required to render overtime work under this Article shall be paid the additional compensation required
in this Chapter.

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.

ART. 276. Government employees. - The terms and conditions of employment of all government employees, including
employees of government-owned and controlled corporations, shall be governed by the Civil Service Law, rules and
regulations. Their salaries shall be standardized by the National Assembly as provided for in the New Constitution.
However, there shall be no reduction of existing wages, benefits and other terms and conditions of employment being
enjoyed by them at the time of the adoption of this Code.

OMNIBUS RULES-LABOR CODE

BOOK THREE

Conditions of Employment

30
RULE I

Hours of Work

SECTION 1. General statement on coverage. The provisions of this Rule shall apply to all employees in all
establishments and undertakings, whether operated for profit or not, except to those specifically exempted under
Section 2 thereof.

SECTION 2. Exemption. The provisions of this Rule shall not apply to thefollowing persons if they qualify for
exemption under the conditions set forth herein:

(a) Government employees whether employed by the National Government or any of its political subdivision, including
those employed in government-owned and/or controlled corporations;

(b) Managerial employees, if they meet all of the following conditions:

(1) Their primary duty consists of the management of the establishment in which they are employed or of a
department or sub-division thereof.

(2) They customarily and regularly direct the work of two or more employees therein.

(3) They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations as to
hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight.

(c) Officers or members of a managerial staff if they perform the following duties and responsibilities:

(1) The primary duty consists of the performance of work directly related to management policies of their
employer

(2) Customarily and regularly exercise discretion and independent judgment; and

(3) (i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the
management of the establishment in which he is employed or subdivision thereof; or (ii) execute under general
supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (iii)
execute, under general supervision, special assignments and tasks; and

(4) Who do not devote more than 20 percent of their hours worked in a work week to activities which are not directly
and closely related to the performance of the work described in paragraphs (1), (2) and (3) above.

(d) Domestic servants and persons in the personal service of another if they perform such services in the employer's
home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal
comfort, convenience, or safety of the employer as well as the members of his employer's household.

(e) Workers who are paid by results, including those who are paid on piecework, "takay," "pakiao" or task basis, and
other non-time work if their output rates are in accordance with the standards prescribed under Section 8, Rule VII,
Book Three of these regulations, or where such rates have been fixed by the Secretary of Labor and Employment in
accordance with the aforesaid Section.

(f) Non-agricultural field personnel if they regularly perform their duties away from the principal or branch office or
place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable
certainty.

SECTION 3. Hours worked. The following shall be considered as compensable hours worked:

31
(a) All time during which an employee is required to be on duty or to be at the employer's premises or to be at a
prescribed work place; and

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

SECTION 4. Principles in determining hours worked. The following general principles shall govern in determining
whether the time spent by an employee is considered hours worked for purposes of this Rule:

(a) All hours are hours worked which the employee is required to give his employer, regardless of whether or not such
hours are spent in productive labor or involve physical or mental exertion.

(b) An employee need not leave the premises of the work place in order that his rest period shall not be counted, it
being enough that he stops working, may rest completely and may leave his work place, to go elsewhere, whether
within or outside the premises of his work place.

(c) If the work performed was necessary, or it benefited the employer, or the employee could not abandon his work
at the end of his normal working hours because he had no replacement, all time spent for such work shall be
considered as hours worked, if the work was with the knowledge of his employer or immediate supervisor.

(d) The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be
considered working time either if the imminence of the resumption of work requires the employee's presence at the
place of work or if the interval is too brief to be utilized effectively and gainfully in the employee's own interest.

SECTION 5. Waiting time. (a) Waiting time spent by an employee shall be considered as working time if waiting is
an integral part of his work or the employee is required or engaged by the employer to wait.

(b) An employee who is required to remain on call in the employer's premises or so close thereto that he cannot use
the time effectively and gainfully for his own purpose shall be considered as working while on call. An employee who
is not required to leave word at his home or with company officials where he may be reached is not working while on
call.

SECTION 6. Lectures, meetings, training programs. Attendance at lectures, meetings, training programs, and other
similar activities shall not be counted as working time if all of the following conditions are met:

(a) Attendance is outside of the employee's regular working hours;

(b) Attendance is in fact voluntary; and

(c) The employee does not perform any productive work during such attendance.

SECTION 7. Meal and Rest Periods. Every employer shall give his employees, regardless of sex, not less than one (1)
hour time-off for regular meals, except in the following cases when a meal period of not less than twenty (20) minutes
may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the
employee:

(a) Where the work is non-manual work in nature or does not involve strenuous physical exertion;

(b) Where the establishment regularly operates not less than sixteen (16) hours a day;

(c) In case of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or
installations to avoid serious loss which the employer would otherwise suffer; and

(d) Where the work is necessary to prevent serious loss of perishable goods.

32
Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable working
time.

SECTION 8. Overtime pay. Any employee covered by this Rule who is permitted or required to work beyond eight
(8) hours on ordinary working days shall be paid an additional compensation for the overtime work in the amount
equivalent to his regular wage plus at least twenty-five percent (25%) thereof.

SECTION 9. Premium and overtime pay for holiday and rest day work. (a) Except employees referred to under
Section 2 of this Rule, an employee who is permitted or suffered to work on special holidays or on his designated rest
days not falling on regular holidays, shall be paid with an additional compensation as premium pay of not less than
thirty percent (30%) of his regular wage. For work performed in excess of eight (8) hours on special holidays and rest
days not falling on regular holidays, an employee shall be paid an additional compensation for the overtime work
equivalent to his rate for the first eight hours on a special holiday or rest day plus at least thirty percent (30%) thereof.

(b) Employees of public utility enterprises as well as those employed in nonprofit institutions and organizations shall
be entitled to the premium and overtime pay provided herein, unless they are specifically excluded from the coverage
of this Rule as provided in Section 2 hereof.

(c) The payment of additional compensation for work performed on regular holidays shall be governed by Rule IV,
Book Three, of these Rules.

SECTION 10. Compulsory overtime work. In any of the following cases, an employer may require any of his
employees to work beyond eight (8) hours a day, provided that the employee required to render overtime work is paid
the additional compensation required by these regulations:

(a) When the country is at war or when any other national or local emergency has been declared by Congress or the
Chief Executive;

(b) When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to public safety
due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthquake,
epidemic or other disaster or calamities;

(c) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss
or damage to the employer or some other causes of similar nature;

(d) When the work is necessary to prevent loss or damage to perishable goods;

(e) When the completion or continuation of work started before the 8th hour is necessary to prevent serious
obstruction or prejudice to the business or operations of the employer; or

(f) When overtime work is necessary to avail of favorable weather or environmental conditions where performance or
quality of work is dependent thereon. In cases not falling within any of these enumerated in this Section, no employee
may be made to work beyond eight hours a day against his will.

RULE I-A

Hours of Work of Hospital and Clinic Personnel

SECTION 1. General statement on coverage. This Rule shall apply to:

(a) All hospitals and clinics, including those with a bed capacity of less than one hundred (100) which are situated in
cities or municipalities with a population of one million or more; and

33
(b) All hospitals and clinics with a bed capacity of at least one hundred (100), irrespective of the size of the population
of the city or municipality where they may be situated.

SECTION 2. Hospitals or clinics within the meaning of this Rule. The terms "hospitals" and "clinics" as used in this
Rule shall mean a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment
and care of individuals suffering from illness, disease, injury, or deformity, or in need of obstetrical or other medical
and nursing care. Either term shall also be construed as any institution, building, or place where there are installed
beds, or cribs, or bassinets for twenty-four (24) hours use or longer by patients in the treatment of disease, injuries,
deformities, or abnormal physical and mental states, maternity cases or sanitorial care; or infirmaries, nurseries,
dispensaries, and such other similar names by which they may be designated.

SECTION 3. Determination of bed capacity and population. (a) For purposes of determining the applicability of this
Rule, the actual bed capacity of the hospital or clinic at the time of such determination shall be considered, regardless
of the actual or bed occupancy. The bed capacity of hospital or clinic as determined by the Bureau of Medical Services
pursuant to Republic Act No. 4226, otherwise known as the Hospital Licensure Act, shall prima facie be considered as
the actual bed capacity of such hospital or clinic.

(b) The size of the population of the city or municipality shall be determined from the latest official census issued by
the Bureau of the Census and Statistics.

SECTION 4. Personnel covered by this Rule. This Rule applies to all persons employed by any private or public
hospital or clinic mentioned in Section 1 hereof, and shall include, but not limited to, resident physicians, nurses,
nutritionists, dieticians, pharmacists, social workers, laboratory technicians paramedical technicians, psychologists,
midwives, and attendants.

SECTION 5. Regular working hours. The regular working hours of any person covered by this Rule shall not be more
than eight (8) hours in any one day nor more than forty (40) hours in any one week. For purposes of this Rule a "day"
shall mean a work day of twenty-four (24) consecutive hours beginning at the same time each calendar year. A "week"
shall mean the work of 168 consecutive hours, or seven consecutive 24-hour work days, beginning at the same hour
and on the same calendar day each calendar week.

SECTION 6. Regular working days. The regular working days of covered employees shall not be more than five days
in a work week. The work week may begin at any hour and on any day, including Saturday or Sunday, designated by
the employer. Employers are not precluded from changing the time at which the work day or work week begins,
provided that the change is not intended to evade the requirements of this Rule.

SECTION 7. Overtime work. Where the exigencies of the service so require as determined by the employer, any
employee covered by this Rule may be scheduled to work for more than five (5) days or forty (40) hours a week,
provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage
plus at least thirty percent (30%) thereof, subject to the provisions of this Book on the payment of additional
compensation for work performed on special and regular holidays and on rest days.

SECTION 8. Hours worked. In determining the compensable hours of work of hospital and clinic personnel covered
by this Rule, the pertinent provisions of Rule 1 of this Book shall apply.

SECTION 9. Additional compensation. Hospital and clinic personnel covered by this Rule, with the exception of those
employed by the Government, shall be entitled to an additional compensation for work performed on regular and
special holidays and rest days as provided in this Book. Such employees shall also be entitled to overtime pay for
services rendered in excess of forty hours a week, or in excess of eight hours a day, whichever will yield the higher
additional compensation to the employee in the work week.

SECTION 10. Relation to Rule I. All provisions of Rule I of this Book which are not inconsistent with this Rule shall be
deemed applicable to hospital and clinic personnel.

34
RULE II

Night Shift Differential

SECTION 1. Coverage. This Rule shall apply to all employees except:

(a) Those of the government and any of its political subdivisions, including government-owned and/or controlled
corporations;

(b) Those of retail and service establishments regularly employing not more than five (5) workers;

(c) Domestic helpers and persons in the personal service of another;

(d) Managerial employees as defined in Book Three of this Code;

(e) Field personnel and other employees whose time and performance is unsupervised by the employer including
those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for
performing work irrespective of the time consumed in the performance thereof.

SECTION 2. Night shift differential. An employee shall be paid night shift differential of no less than ten per cent
(10%) of his regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the
morning.

SECTION 3. Additional compensation. Where an employee is permitted or suffered to work on the period covered
after his work schedule, he shall be entitled to his regular wage plus at least twenty-five per cent (25%) and an
additional amount of no less than ten per cent (10%) of such overtime rate for each hour or work performed between
10 p.m. to 6 a.m.

SECTION 4. Additional compensation on scheduled rest day/special holiday. An employee who is required or
permitted to work on the period covered during rest days and/or special holidays not falling on regular holidays, shall
be paid a compensation equivalent to his regular wage plus at least thirty (30%) per cent and an additional amount of
not less than ten (10%) per cent of such premium pay rate for each hour of work performed.

SECTION 5. Additional compensation on regular holidays. For work on the period covered during regular holidays,
an employee shall be entitled to his regular wage during these days plus an additional compensation of no less than
ten (10%) per cent of such premium rate for each hour of work performed.

SECTION 6. Relation to agreements. Nothing in this Rule shall justify an employer in withdrawing or reducing any
benefits, supplements or payments as provided in existing individual or collective agreements or employer practice or
policy.

ART. 82. Coverage. - The provisions of this Title shall apply to employees in all establishments and undertakings
whether for profit or not, but not to government employees, managerial employees, field personnel, 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 duty consists of the management of the
establishment in which they are employed or of a department or subdivision thereof, and to other officers or members
of the managerial staff.

"Field personnel" shall refer to non-agricultural employees who regularly perform their duties away from the principal
place of business or branch office of the employer and whose actual hours of work in the field cannot be determined
with reasonable certainty.

35
DEPENDENT FAMILY MEMBERS

DOMESTIC HELPERS

ART. 141. Coverage. - This Chapter shall apply to all persons rendering services in households for compensation.

"Domestic or household service" shall mean service in the employers home which is usually necessary or desirable
for 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.

ART. 145. Assignment to non-household work. - No househelper shall be assigned to work in a commercial, industrial
or agricultural enterprise at a wage or salary rate lower than that provided for agricultural or non-agricultural workers
as prescribed herein.

NORMAL HOURS OF WORK

ART. 83. Normal hours of work. - The normal hours of work of any employee shall not exceed eight (8) hours a day.

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, "health
personnel" shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory
technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

COMPENSABLE HOURS OF WORK IN GENERAL

(on duty)

ART. 84. Hours worked. - Hours worked shall include (a) all time during which an employee is required to be on duty
or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work.

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

SECTION 3. Hours worked. The following shall be considered as compensable hours worked:

(a) All time during which an employee is required to be on duty or to be at the employer's premises or to be at a
prescribed work place; and

SECTION 4. Principles in determining hours worked. The following general principles shall govern in determining
whether the time spent by an employee is considered hours worked for purposes of this Rule:

(a) All hours are hours worked which the employee is required to give his employer, regardless of whether or not such
hours are spent in productive labor or involve physical or mental exertion.

(at work)

ART. 84. Hours worked. - Hours worked shall include (a) all time during which an employee is required to be on duty
or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work.

36
Rest periods of short duration during working hours shall be counted as hours worked

SECTION 3. Hours worked. The following shall be considered as compensable hours worked:

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

SPECIFIC RULES

ART. 84. Hours worked. - Hours worked shall include (a) all time during which an employee is required to be on duty
or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work.

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

(P2) Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable
working time.

(MORE THAN 20 MNS.)

SECTION 4. Principles in determining hours worked. The following general principles shall govern in determining
whether the time spent by an employee is considered hours worked for purposes of this Rule:

(b) An employee need not leave the premises of the work place in order that his rest period shall not be counted, it
being enough that he stops working, may rest completely and may leave his work place, to go elsewhere, whether
within or outside the premises of his work place.

MEAL PERIOD

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.

SECTION 7. Meal and Rest Periods. Every employer shall give his employees, regardless of sex, not less than one (1)
hour time-off for regular meals, except in the following cases when a meal period of not less than twenty (20) minutes
may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the
employee:

(a) Where the work is non-manual work in nature or does not involve strenuous physical exertion;

(b) Where the establishment regularly operates not less than sixteen (16) hours a day;

(c) In case of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or
installations to avoid serious loss which the employer would otherwise suffer; and

(d) Where the work is necessary to prevent serious loss of perishable goods.

WAITING TIME/ON CALL

SECTION 5. Waiting time. (a) Waiting time spent by an employee shall be considered as working time if waiting is
an integral part of his work or the employee is required or engaged by the employer to wait.

(b) An employee who is required to remain on call in the employer's premises or so close thereto that he cannot use
the time effectively and gainfully for his own purpose shall be considered as working while on call. An employee who

37
is not required to leave word at his home or with company officials where he may be reached is not working while on
call.

INACTIVE DUE TO WORK INTERRUPTIONS

SECTION 4. Principles in determining hours worked. The following general principles shall govern in determining
whether the time spent by an employee is considered hours worked for purposes of this Rule:

(d) The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be
considered working time either if the imminence of the resumption of work requires the employee's presence at the
place of work or if the interval is too brief to be utilized effectively and gainfully in the employee's own interest.

WORK AFTER NORMAL HOURS OF WORK

(c) If the work performed was necessary, or it benefited the employer, or the employee could not abandon his work
at the end of his normal working hours because he had no replacement, all time spent for such work shall be
considered as hours worked, if the work was with the knowledge of his employer or immediate supervisor.

LECTURES/MEETINGS TRAINING PROGRAMS

SECTION 6. Lectures, meetings, training programs. Attendance at lectures, meetings, training programs, and other
similar activities shall not be counted as working time if all of the following conditions are met:

(a) Attendance is outside of the employee's regular working hours;

(b) Attendance is in fact voluntary; and

(c) The employee does not perform any productive work during such

attendance.

OVERTIME WORK PAY

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 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.

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.

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;

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(b) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an
actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic,
or other disaster or calamity;

(c) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss
or damage to the employer or some other cause of similar nature;

(d) When the work is necessary to prevent loss or damage to perishable goods; and

(e) Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious
obstruction or prejudice to the business or operations of the employer.

Any employee required to render overtime work under this Article shall be paid the additional compensation required
in this Chapter.

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.

SECTION 8. Overtime pay. Any employee covered by this Rule who is permitted or required to work beyond eight
(8) hours on ordinary working days shall be paid an additional compensation for the overtime work in the amount
equivalent to his regular wage plus at least twenty-five percent (25%) thereof.

SECTION 9. Premium and overtime pay for holiday and rest day work. (a) Except employees referred to under
Section 2 of this Rule, an employee who is permitted or suffered to work on special holidays or on his designated rest
days not falling on regular holidays, shall be paid with an additional compensation as premium pay of not less than
thirty percent (30%) of his regular wage. For work performed in excess of eight (8) hours on special holidays and rest
days not falling on regular holidays, an employee shall be paid an additional compensation for the overtime work
equivalent to his rate for the first eight hours on a special holiday or rest day plus at least thirty percent (30%) thereof.

(b) Employees of public utility enterprises as well as those employed in nonprofit institutions and organizations shall
be entitled to the premium and overtime pay provided herein, unless they are specifically excluded from the coverage
of this Rule as provided in Section 2 hereof.

(c) The payment of additional compensation for work performed on regular holidays shall be governed by Rule IV,
Book Three, of these Rules.

SECTION 10. Compulsory overtime work. In any of the following cases, an employer may require any of his
employees to work beyond eight (8) hours a day, provided that the employee required to render overtime work is paid
the additional compensation required by these regulations:

(a) When the country is at war or when any other national or local emergency has been declared by Congress or the
Chief Executive;

(b) When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to public safety
due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthquake,
epidemic or other disaster or calamities;

(c) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss
or damage to the employer or some other causes of similar nature;

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(d) When the work is necessary to prevent loss or damage to perishable goods;

(e) When the completion or continuation of work started before the 8th hour is necessary to prevent serious
obstruction or prejudice to the business or operations of the employer; or

(f) When overtime work is necessary to avail of favorable weather or environmental conditions where performance or
quality of work is dependent thereon.

In cases not falling within any of these enumerated in this Section, no employee may be made to work beyond eight
hours a day against his will.

OVERTIME IN ORDINARY WORKING DAY

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 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 r

SECTION 8. Overtime pay. Any employee covered by this Rule who is permitted or required to work beyond eight
(8) hours on ordinary working days est day plus at least thirty percent (30%) thereof. shall be paid an additional
compensation for the overtime work in the amount equivalent to his regular wage plus at least twenty-five percent
(25%) thereof

EMERGENCY OR COMPULSORY OVERTIME WORK

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) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an
actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic,
or other disaster or calamity;

(c) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss
or damage to the employer or some other cause of similar nature;

(d) When the work is necessary to prevent loss or damage to perishable goods; and

(e) Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious
obstruction or prejudice to the business or operations of the employer.

Any employee required to render overtime work under this Article shall be paid the additional compensation required
in this Chapter.

UNDERTIME WORK / LEAVE

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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.

ADDITIONAL COMPENSATION

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 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.

NIGHTWORK

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.

RULE II

Night Shift Differential

SECTION 1. Coverage. This Rule shall apply to all employees except:

(a) Those of the government and any of its political subdivisions, including government-owned and/or controlled
corporations;

(b) Those of retail and service establishments regularly employing not more than five (5) workers;

(c) Domestic helpers and persons in the personal service of another;

(d) Managerial employees as defined in Book Three of this Code;

(e) Field personnel and other employees whose time and performance is unsupervised by the employer including
those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for
performing work irrespective of the time consumed in the performance thereof.

SECTION 2. Night shift differential. An employee shall be paid night shift differential of no less than ten per cent
(10%) of his regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the
morning.

SECTION 3. Additional compensation. Where an employee is permitted, or suffered to work on the period covered
after his work schedule, he shall be entitled to his regular wage plus at least twenty-five per cent (25%) and an
additional amount of no less than ten per cent (10%) of such overtime rate for each hour or work performed between
10 p.m. to 6 a.m.

SECTION 4. Additional compensation on scheduled rest day/special holiday. An employee who is required or
permitted to work on the period covered during rest days and/or special holidays not falling on regular holidays, shall
be paid a compensation equivalent to his regular wage plus at least thirty (30%) per cent and an additional amount of
not less than ten (10%) per cent of such premium pay rate for each hour of work performed.

41
SECTION 5. Additional compensation on regular holidays. For work on the period covered during regular holidays,
an employee shall be entitled to his regular wage during these days plus an additional compensation of no less than
ten (10%) per cent of such premium rate for each hour of work performed.

SECTION 6. Relation to agreements. Nothing in this Rule shall justify an employer in withdrawing or reducing any
benefits, supplements or payments as provided in existing individual or collective agreements or employer practice or
policy.

WEEKLY REST PERIODS

ART. 91. Right to weekly rest day. - (a) It shall be the duty of every employer, whether operating for profit or not, to
provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6)
consecutive normal work days.

(b) The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining
agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. However, the
employer shall respect the preference of employees as to their weekly rest day when such preference is based on
religious grounds.

ART. 92. When employer may require work on a rest day. - The employer may require his employees to work on any
day:

(a) In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic
or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety;

(b) In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which
the employer would otherwise suffer;

(c) In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be
expected to resort to other measures;

(d) To prevent loss or damage to perishable goods;

(e) Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable
injury or loss to the employer; and

(f) Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and
Employment.

ART. 93. Compensation for rest day, Sunday or holiday work. - (a) Where an employee is made or permitted to work
on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular
wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is
his established rest day.

(b) When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can
be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work
performed on Sundays and holidays.

42
(c) Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of
the regular wage of the employee. Where such holiday work falls on the employees scheduled rest day, he shall be
entitled to an additional compensation of at least fifty per cent (50%) of his regular wage.

(d) Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a
higher premium pay than that prescribed under this Article, the employer shall pay such higher rate.

RULE III

Weekly Rest Periods

SECTION 3. Weekly rest day. Every employer shall give his employees a rest period of not less than twenty-four (24)
consecutive hours after every six consecutive normal work days.

SECTION 4. Preference of employee. The preference of the employee as to his weekly day of rest shall be respected
by the employer if the same is based on religious grounds. The employee shall make known his preference to the
employer in writing at least seven (7) days before the desired effectivity of the initial rest day so preferred. Where,
however, the choice of the employee as to his rest day based on religious grounds will inevitably result in serious
prejudice or obstruction to the operations of the undertaking and the employer cannot normally be expected to resort
to other remedial measures, the employer may so schedule the weekly rest day of his choice for at least two (2) days
in a month.

SECTION 5. Schedule of rest day. (a) Where the weekly rest is given to all employees simultaneously, the employer
shall make known such rest period by means of a written notice posted conspicuously in the work place at least one
week before it becomes effective.

(b) Where the rest period is not granted to all employees simultaneously and collectively, the employer shall make
known to the employees their respective schedules of weekly rest through written notices posted conspicuously in
the work place at least one week before they become effective.

SECTION 6. When work on rest day authorized. An employer may require any of his employees to work on his
scheduled rest day for the duration of the following emergencies and exceptional conditions:

(a) In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic
or other disaster or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to
public safety;

(b) In case of urgent work to be performed on machineries, equipment or installations to avoid serious loss which the
employer would otherwise suffer;

(c) In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be
expected to resort to other measures;

(d) To prevent serious loss of perishable goods;

(e) Where the nature of the work is such that the employees have to work continuously for seven (7) days in a week
or more, as in the case of the crew members of a vessel to complete a voyage and in other similar cases; and

(f) When the work is necessary to avail of favorable weather or environmental conditions where performance or
quality of work is dependent thereon.

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No employee shall be required against his will to work on his scheduled rest day except under circumstances provided
in this Section: Provided, However, that where an employee volunteers to work on his rest day under other
circumstances, he shall express such desire in writing, subject to the provisions of Section 7 hereof regarding additional
compensation.

SECTION 7. Compensation on rest day/Sunday/holiday. (a) Except those employees referred to under Section 2,
Rule I, Book Three, an employee who is made or permitted to work on his scheduled rest day shall be paid with an
additional compensation of at least 30% of his regular wage. An employee shall be entitled to such additional
compensation for work performed on a Sunday only when it is his established rest day.

(b) Where the nature of the work of the employee is such that he has no regular work days and no regular rest days
can be scheduled, he shall be paid an additional compensation of at least 30% of his regular wage for work performed
on Sundays and holidays.

SECTION 7. Compensation on rest day/Sunday/holiday. (a) Except those employees referred to under Section 2,
Rule I, Book Three, an employee who is made or permitted to work on his scheduled rest day shall be paid with an
additional compensation of at least 30% of his regular wage. An employee shall be entitled to such additional
compensation for work performed on a Sunday only when it is his established rest day.

(e) Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a
higher premium pay than that prescribed under this Section, the employer shall pay such higher rate.

SECTION 9. Relation to agreements. Nothing herein shall prevent the employer and his employees or their
representatives in entering into any agreement with terms more favorable to the employees than those provided
herein, or be used to diminish any benefit granted to the employees under existing laws, agreements, and voluntary
employer practices.

HOLIDAYS

E.O NO. 203 1987 "Wage Rationalization Act."

f) "Retail Establishment" is one principally engaged in the sale of goods to end-users for personal or household
use;

g) "Service Establishment" is one principally engaged in the sale of service to individuals for their own or
household use and is generally recognized as such;

COVERAGE

ART. 94. Right to holiday pay. - (a) Every worker shall be paid his regular daily wage during regular holidays, except in
retail and service establishments regularly employing less than ten (10) workers;

(b) The employer may require an employee to work on any holiday but such employee shall be paid a compensation
equivalent to twice his regular rate; and

(c) As used in this Article, "holiday" includes: New Years Day, Maundy Thursday, Good Friday, the ninth of April, the
first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of
December and the day designated by law for holding a general election.

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FACULTY IN PRIVATE SCHOOL

RULE IV

Holidays with Pay

SECTION 8. Holiday pay of certain employees. (a) Private school teachers, including faculty members of colleges and
universities, may not be paid for the regular holidays during semestral vacations. They shall, however, be paid for the
regular holidays during Christmas vacation;

ART. 93. Compensation for rest day, Sunday or holiday work. - (a) Where an employee is made or permitted to work
on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular
wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is
his established re SECTION 2. Business on Sundays/Holidays. All establishments and enterprises may operate or
open for business on Sundays and holidays provided that the employees are given the weekly rest day and the benefits
as provided in this Rule.

MUSLIM HOLIDAY

TITLE I

MUSLIM HOLIDAYS

Article 169. Official Muslim holidays. The following are hereby recognized as legal Muslim holidays:

(a) 'Amun Jadid (New Year), which falls on the first day of the first lunar month of Muharram;

(b) Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls on the twelfth day of the third lunar month of
Rabi-ul-Awwal;

(c) Lailatul Isra Wal Mi'raj (Nocturnal Journey and Ascension of the Prophet Muhammad), which falls on the twenty-
seventh day of the seventh lunar month of Rajab;

(d) 'Id-ul-Fitr (Hari Raya Pausa), which falls on the first day of the tenth lunar month of Shawwal, commemorating the
end of the fasting season; and

(e) 'Id-ul-Adha (Hari Raja Haji), which falls on the tenth day of the twelfth lunar month of Dhu 1-Hijja.

Article 170. Provinces and cities where officially observed.

(1) Muslim holidays shall be officially observed in the Provinces of Basilan, Lanao del Norte, Lanao del Sur,
Maguindanao, North Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte and Zamboanga del Sur, and in
the Cities of Cotabato, Iligan, Marawi, Pagadian, and Zamboanga and in such other Muslim provinces and cities as may
hereafter be created.

(2) Upon proclamation by the President of the Philippines, Muslim holidays may also be officially observed in other
provinces and cities.

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Article 171. Dates of observance. The dates of Muslim holidays shall be determined by the Office of the President of
the Philippines in accordance with the Muslim Lunar Calendar (Hijra).

Article 172. Observance of Muslim employees.

(1) All Muslim government officials and employees in places other than those enumerated under Article 170 shall also
be excused from reporting to office in order that they may be able to observe Muslim holidays.

(2) The President of the Philippines may, by proclamation, require private offices, agencies or establishments to excuse
their Muslim employees from reporting for work during a Muslim holiday without reduction in their usual
compensation.

ABSENCES

RULE IV

SECTION 6. Absences. (a) All covered employees shall be entitled to the benefit provided herein when they are on
leave of absence with pay. Employees who are on leave of absence without pay on the day immediately preceding a
regular holiday may not be paid the required holiday pay if he has not worked on such regular holiday.

SECTION 10. Successive regular holidays. Where there are two (2) successive regular holidays, like Holy Thursday
and Good Friday, an employee may not be paid for both holidays if he absents himself from work on the day
immediately preceding the first holiday, unless he works on the first holiday, in which case he is entitled to his holiday
pay on the second holiday.

NON-WORKING/SCHEDULE OF REST DAY SECTION 6. Absences. (a) All covered employees shall be entitled to the
benefit provided herein when they are on leave of absence with pay. Employees who are on leave of absence without
pay on the day immediately preceding a regular holiday may not be paid the required holiday pay if he has not worked
on such regular holiday.

(c) Where the day immediately preceding the holiday is a non-working day in the establishment or the scheduled rest
day of the employee, he shall not be deemed to be on leave of absence on that day, in which case he shall be entitled
to the holiday pay if he worked on the day immediately preceding the nonworking day or rest day

SERVICE INCENTICE LEAVE

Chapter III

HOLIDAYS, SERVICE INCENTIVE LEAVES

AND SERVICE CHARGES

ART. 94. Right to holiday pay. - (a) Every worker shall be paid his regular daily wage during regular holidays, except in
retail and service establishments regularly employing less than ten (10) workers;

46
(b) The employer may require an employee to work on any holiday but such employee shall be paid a compensation
equivalent to twice his regular rate; and

RULE V Service Incentive Leave

SECTION 1. Coverage. This rule shall apply to all employees except:

(a) Those of the government and any of its political subdivisions, including government-owned and controlled
corporations;

(b) Domestic helpers and persons in the personal service of another;

(c) Managerial employees as defined in Book Three of this Code;

(d) Field personnel and other employees whose performance is unsupervised by the employer including those who
are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing
work irrespective of the time consumed in the performance thereof;

(e) Those who are already enjoying the benefit herein provided;

(f) Those enjoying vacation leave with pay of at least five days; and

(g) Those employed in establishments regularly employing less than ten employees.

SECTION 2. Right to service incentive leave. Every employee who has rendered at least one year of service shall be
entitled to a yearly service incentive leave of five days with pay.

SECTION 3. Definition of certain terms. The term "at least one-year service" shall mean service for not less than 12
months, whether continuous or broken reckoned from the date the employee started working, including authorized
absences and paid regular holidays unless the working days in the establishment as a matter of practice or policy, or
that provided in the employment contract is less than 12 months, in which case said period shall be considered as one
year.

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