ANSWERS TO AZUCENAS LABOR STANDARDS BOX

QUESTIONS
Chapter 1 General Provisions
Box 1 - Estacion
1. What is Labor law and
what does it aim to
achieve?
Ans.:
Labor legislation consists of
statutes,
regulations
and
jurisprudence governing the
relations between capital and
labor by providing for certain
employment standards and a
legal framework for negotiating,
adjusting
and
administering
those standards and other
incidents of employment.
The aim and the reason
and, therefore, the justification
of labor laws is social justice.
2. What are the
Constitutional mandates
pertaining to labor and
labor-management
relations?
Ans.:
The basic rights
guaranteed by the Constitution
are: the right to organize
themselves;
to
conduct
collective
bargaining
or
negotiation with management;
to engage in peaceful concerted
activities, including to strike in
accordance with law; to enjoy
security of tenure; to work
under humane conditions; to
receive a living wage; and to
participate
in
policy
and
decision-making
processes
affecting
their
rights
and

benefits as may be provided by

law.
3. Do the Philippines labor
laws meet international
labor standards?
Ans.:
Yes. The Philippines is a
member of the International
Labor Organization (ILO) of the
UN, a specialized agency which
seeks the promotion of social
justice
and
internationally
recognized human and labor
rights. The Philippine Senate on
March
19,
1948
passed
Resolution No. 44 concurring to
the countrys acceptance of
obligations under the ILOs
Constitution and By-laws.
4. Are Philippine labor laws
pro-labor?
Ans.:
Yes, the Labor Code states
that
all
doubts
in
the
implementation
and
interpretation of the Labor Code
including its implementing rules
and regulation shall be resolved
in favor of labor. The policy is
to
extend
the
decrees
applicability
to
a
greater
number of employees to enable
them to avail of the benefits
under the law, in consonance
with the States avowed policy
to give maximum aid and
protection to labor.
Chapter II Emancipation of
Tenants
Box 2 - Ga

Page 1

1. What
law
governs
agrarian reform?
Ans: The Labor Code covers
agrarian reform in five(5)
articles only. It is a subject
governed principally by R.A.
no. 6657 (Comprehensive
Agrarian Reform Law of
1988).
2. What are the objectives
of agrarian reform?
Ans: Art. 7 of the Labor Code
states the Statement of
Objectives. Inasmuch as the
old
concept
of
land
ownership by a few has
spawned
valid
legitimate
grievances that gave rise to
the violent conflict and social
tension and the redress of
such legitimate grievances
being one of the fundamental
objectives
of
the
New
Society,
it
has
become
imperative
to
start
reformation
with
the
emancipation of the tiller of
the soil from his bondage.
3. What
process
and
conditions are observed
to make a tenant-farmer
an
owner
under
the
agrarian reform program?
Ans: R.A. 6657 sets retention
limits for landowners. Please
be guided by the pertinent
provisions of the said law.
Sec. 6 provides the retention
limits and Sec. 16 sets forth
the procedure to make a
tenant-farmer
an
owner
under the agrarian reform
law.

Page 2

SEC. 6. Retention Limits. Except as otherwise provided

in this Act, no person may
own or retain, directly, any
public or private agricultural
land, the size of which shall
vary according to factors
governing a viable familysized
farm,
such
as
commodity produced, terrain,
infrastructure,
and
soil
fertility as determined by the
Presidential Agrarian Reform
Council
(PARC)
created
hereunder, but in no case
shall the retention by the
landowner exceed five (5)
hectares. Three (3) hectares
may be awarded to each
child of the landowner,
subject to the following
qualifications: (1) that he is
at least fifteen (15) years of
age; and (2) that he is
actually tilling the land or
directly managing the farm:
Provided, That landowners
whose lands have been
covered
by
Presidential
Decree No. 27 shall be
allowed to keep the area
originally retained by them
thereunder;
Provided,
further,
That
original
homestead grantees or direct
compulsory heirs who still
own the original homestead
at the time of the approval of
this Act shall retain the same
areas as long as they
continue to cultivate said
homestead.
The right to choose the area
to be retained, which shall be
compact or contiguous, shall

pertain, to the landowner:

Provided, however, That in
case the area selected for
retention by the landowner is
tenanted, the tenant shall
have the option to choose
whether to remain therein or
be a beneficiary in the same
or another agricultural land
with similar or comparable
features. In case the tenant
chooses to remain in the
retained area, he shall be
considered a leaseholder and
shall lose his right to be a
beneficiary under this Act. In
case the tenant chooses to
be a beneficiary in another
agricultural land, he loses his
right as a leaseholder to the
land
retained
by
the
landowner. The tenant must
exercise this option within a
period of one (1) year from
the time the landowner
manifests his choice of the
area for retention.
In all cases, the security of
tenure of the farmers or farm
workers on the land prior to
the approval of this Act shall
be respected.
Upon the effectivity of this
Act, any sale, disposition,
lease, management contract
or transfer of possession of
private lands executed by the
original
landowner
in
violation of this Act shall be
null and void: Provided,
however,
That
those
executed prior to this Act
shall be valid only when
registered with the Register
of Deeds within a period of
Page 3

three (3) months after the

effectivity of this Act .
Thereafter, all Registers of
Deeds shall inform the DAR
within thirty (30) days of any
transaction
involving
agricultural lands in excess of
five (5) hectares.
SEC.
16.
Procedure
for
Acquisition of Private Lands.For purposes of acquisition of
private lands, the following
procedures shall be followed:
(a) After having identified
the land, the landowners and
the beneficiaries, the DAR
shall send its notice to
acquire the land to the
owners thereof, by personal
delivery or registered mail,
and post the same in a
conspicuous place in the
municipal
building
and
barangay hall of the place
where
the
property
is
located. Said notice shall
contain the offer of the DAR
to pay a corresponding value
in
accordance
with
the
valuation
set
forth
in
Sections 17, 18, and other
pertinent provisions hereof.
(b) Within thirty (30) days
from the date of receipt of
written notice by personal
delivery or registered mail,
the
landowner,
his
administrator
or
representative shall inform
the DAR of his acceptance or
rejection of the offer.

(c) If the landowner

accepts the offer of the DAR,
the LBP shall pay the
landowner the purchase price
of the land within thirty (30)
days after he executes and
delivers a deed of transfer in
favor of the Government and
surrenders the Certificate of
Title and other muniments of
title.
(d) In case of rejection or
failure to reply, the DAR shall
conduct
summary
administrative
proceedings
to
determine
the
compensation of the land by
requiring the landowner, the
LBP and other interested
parties to summit evidence
as to the just compensation
for the land, within fifteen
(15) days from the receipt of
the
notice.
After
the
expiration of the above
period, the matter is deemed
submitted for decision. The
DAR shall decide the case
within thirty (30) days after it
is submitted for decision.
(e) Upon receipt by the
landowner
of
the
corresponding payment or in
case of rejection or no
response
from
the
landowner, upon the deposit
with an accessible bank
designated by the DAR of the
compensation in cash or LBP
bonds in accordance with this
Act, the DAR shall take
immediate possession of the
land and shall request the
proper Register of Deeds to
Page 4

issue a Transfer Certificate of

Title (TCT) in the name of the
Republic of the Philippines.
The DAR shall thereafter
proceed
with
the
redistribution of the land to
the qualified beneficiaries.
(f) Any party who
disagrees with the decision
may bring the matter to the
court of proper jurisdiction
for final determination of just
compensation.
Art. 10 of the Labor Code
provides the Conditions of
Ownership, to wit: No title to
the land shall be acquired by
the tenant farmer pursuant
to Presidential Decree No. 27
shall be actually issued to
him unless and until he has
become
a
full-fledged
member of a duly-recognized
farmers cooperative.
Title
to
the
land
acquired pursuant to PD no.
27 shall not be transferrable
EXCEPT
by
HEREDITARY
SUCCESSION
or
to
the
GOVERNMENT in accordance
with
the
provisions
of
Presidential Decree No. 27,
the Code of Agrarian Reforms
and other existing laws and
regulations.
Title 1 Recruitment and
Placement of Workers
Chapter I General Provisions
Box 3 Cruz
1. What
government
agencies are created to
promote
employment
opportunities?

A:
DOLE carries out
programs
for
local
and
overseas employment.
BLEeffective
allocation
of
manpower
resources
in
local
employment.
POEA- for overseas
employment.
2. How
does
the
POEA
protect and assist the
OFWs?
A:
Among the principal
functions of the POEA are the
formulation, implementation,
and
monitoring
of
the
overseas
employment
of
Filipino workers and the
protection of their rights to
fair
and
equitable
employment practices. POEA
also participates in the
deployment
of
Filipino
workers through governmentto-government hiring. It has
extended
its
services
nationally
through
its
regional
extension
units.
They process vacationing
workers, register sea-based
workers, and participate in
government hiring through
manpower pooling.
3. Who
has
adjudicatory
jurisdiction over claims by
OFWs?
A:
NLRC has adjudicatory
jurisdiction over claims by
OFWs. It is provided under RA
8042, that the jurisdiction of
NLRC covers not only claims
involving Filipino workers for
overseas employment but
also money claims involving

Filipino workers for overseas

deployment.
4. What
significant
amendments to the Labor
Code are introduced by
RA 8042?
A:
Article 17 of the Labor
Code has been amended by
RA 8042 known as the
Migrant
Workers
and
Overseas Filipinos Act of
1995. The law institutes the
policies
on
overseas
employment and establishes
a
higher
standard
of
protection and promotion of
the
welfare
of
migrant
workers, their families and of
overseas Filipinos in distress.
It applies to recruitment for
overseas employment.
The OEDB, NSB and the
overseas
employment
program of the Bureau of
Employment Services were
united in a single structurePOEA. However, adjudicatory
jurisdiction of the POEA has
been moved on the NLRC by
RA 8042.
5. Are POEA-approved
employment
contracts
immutable?
A:
NO. While the POEA
Standard Contract must be
recognized and respected,
neither the manning agent
nor the employer can simply
prevent a seafarer from
being deployed without a
valid reason. Thus, with valid
reason
POEA-approved
employment contracts may
be immutable.

Page 5

Chapter II Regulations of
Recruitment
and
Placement Activities
Box 4 Cabunoc
1) What are the requirements
and restrictions for the private
sector's
participation
in
recruitment and placement of
workers, local and overseas?
Ans:
Requirements:
Article
27.
Citizenship
requirement. Only Filipino citizens
or corporations, partnerships or
entities at least 75 percent of the
authorized and voting capital stock
of which is owned and controlled
by Filipino citizens shall be
permitted to participate in the
recruitment and placement of
workers, locally or overseas.
Article 28. Capitalization. All
applicants for authority to hire or
renewal of license to recruit are
required to have such substantial
capitalization as determined by the
Secretary
of
Labor
and
Employment.
Restrictions:
Article 29. Non-transferability
of license or authority. No license
or authority shall be used directly
or indirectly by any person other
than the one in whose favor it was
issued at any place other than that
stated in the license or authority,
nor may such license or authority
be
transferred,
conveyed
or
assigned to any other person or
entity. Any transfer of business
address,
appointment
or
designation of any agent or
representative
including
the
establishment of additional offices

anywhere shall be subject to the

prior approval of the Department of
Labor and Employment.
2) What acts or practices
are prohibited in recruitment
and placement activities of
licensed recruiters?
Ans:
Article
34.
Prohibited
practices. It shall be unlawful for
any individual, entity, licensee or
holder of authority:
(a) To charge or accept directly or
indirectly any amount greater than
that specified in the schedule of
allowable fees prescribed by the
Secretary
of
Labor
and
Employment, or to make a worker
pay any amount greater than that
actually received by him as a loan
or advance;
(b) To furnish or publish any false
notice or information or document
in relation to recruitment or
employment;
(c) To give any false notice,
testimony,
information
or
document or commit any act or
misrepresentation for the purpose
of securing a license or authority
under this Code;
(d) To induce or attempt to induce
a worker already employed to quit
his employment in order to offer
him another unless the transfer is
designed to liberate a worker from
oppressive terms and conditions of
employment;
(e) To influence or attempt to

Page 6

influence any person or entity not

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

financial considerations other than

those authorized under this Code
and its implementing rules and
regulations.

(f) To engage in the recruitment or

placement of workers in jobs
harmful to public health or morality
or to the dignity of the Republic of
the Philippines;

3) On what grounds and

by
which
office
may
an
employment
license
or
recruitment
permit
be
cancelled?
Ans:
Article 35. Suspension and/or
cancellation of license or authority.
The Secretary of Labor and
Employment shall have the power
to suspend or cancel any license or
authority to recruit employees for
overseas employment for violation
of rules and regulations issued by
the Secretary of Labor and
Employment,
the
Overseas
Employment Development Board,
and the National Seamen Board, or
for violations of the provisions of
this and other applicable laws,
General Orders and Letters of
Instructions.

(g) To obstruct or attempt to

obstruct
inspection
by
the
Secretary
of
Labor
and
Employment or by his duly
authorized representatives;
(h) To fail to file reports on the
status of employment, placement
vacancies, remittance of foreign
exchange
earnings,
separation
from jobs, departures and such
other matters or information as
may be required by the Secretary
of Labor and Employment;
(i)
To
substitute
or
alter
employment contracts approved
and verified by the Department of
Labor and Employment from the
time of actual signing thereof by
the parties up to and including the
period of expiration of the same
without the approval of the
Department
of
Labor
and
Employment.
(j) To become officer or member of
the Board of any corporation
engaged in travel agency or to be
engaged directly or indirectly in the
management of a travel agency;
(k) To withhold or deny travel
documents from applicant workers
before departure for monetary or

Chapter III Miscellaneous

Provisions
Box 5 - Elica
1. With the amendments
made by the Migrant
Workers and Overseas
Filipino act ( R.A. 8042),
what acts constitute
illegal recruitment and
who are the persons that
can be held liable?
ans.
The following acts constitute illegal
recruitments, whether committed
by any persons, whether a nonlicensee, non-holder, licensee or
holder of authority.

Page 7

(a) To charge or accept directly or

indirectly any amount greater than
the specified in the schedule of
allowable fees prescribed by the
Secretary
of
Labor
and
Employment, or to make a worker
pay any amount greater than that
actually received by him as a loan
or advance;
(b) To furnish or publish any false
notice or information or document
in relation to recruitment or
employment;
(c) To give any false notice,
testimony,
information
or
document or commit any act of
misrepresentation for the purpose
of securing a license or authority
under the Labor Code;
(d) To induce or attempt to induce
a worker already employed to quit
his employment in order to offer
him another unless the transfer is
designed to liberate a worker from
oppressive terms and conditions of
employment;
(e) To influence or attempt to
influence any persons or entity not
to employ any worker who has not
applied for employment through
his agency;
(f) To engage in the recruitment of
placement of workers in jobs
harmful to public health or morality
or to dignity of the Republic of the
Philippines;
(g) To obstruct or attempt to
obstruct
inspection
by
the
Secretary
of
Labor
and
Employment or by his duly
authorized representative;
(h) To fail to submit reports on the
status of employment, placement

vacancies, remittances of foreign

exchange earnings, separations
from jobs, departures and such
other matters or information as
may be required by the Secretary
of Labor and Employment;
(i) To substitute or alter to the
prejudice
of
the
worker,
employment contracts approved
and verified by the Department of
Labor and Employment from the
time of actual signing thereof by
the parties up to and including the
period of the expiration of the
same without the approval of the
Department
of
Labor
and
Employment;
(j) For an officer or agent of a
recruitment or placement agency
to become an officer or member of
the Board of any corporation
engaged in travel agency or to be
engaged directly on indirectly in
the management of a travel
agency;
(k) To withhold or deny travel
documents from applicant workers
before departure for monetary or
financial considerations other than
those authorized under the Labor
Code and its implementing rules
and regulations;
(l) Failure to actually deploy
without
valid
reasons
as
determined by the Department of
Labor and Employment; and
(m) Failure to reimburse expenses
incurred
by
the
workers
in
connection with his documentation
and processing for purposes of
deployment, in cases where the
deployment does not actually take
place without the worker's fault.
Illegal recruitment when committed

Page 8

by a syndicate or in large scale

shall be considered as offense
involving economic sabotage.

a.) By virtue of a judicial warrant

issued by the RTC, MTC or
MCTC judge, as the case may
be, or

Persons liable are:

The persons criminally liable for
illegal
recruitment
are
the
principals,
accomplices
and
accessories. In case of Juridical
persons,
the
officers
having
control, management or direction
of their business shall be liable.

b.) Without
judicial
warrant,
under the provisions of
Section 5, Rule 113 of the
1985
rules
on
criminal
procedure, as amended by
A.M. no. 00-5-03-SC
May he order the closure of an
illegal recruitment office?
Ans.

2.Under what circumstances is

illegal recruitment an offense
involving economic sabotage?
Ans. Illegal recruitment when
committed by a syndicate or in
large scale shall be considered as
offense
involving
economic
sabotage.
Illegal recruitment is deemed
committed by a syndicate carried
out by a group of three (3) or more
persons
conspiring
or
confederating with one another. It
is deemed committed in large scale
if committed against three (3) or
more persons individually or as a
group.

Yes, the Secretary of Labor or his

duly authorized representative may
order
the
closure
of
illegal
recruitment establishment.
Title II Employment of Nonresident Aliens
Box 6 - Daypuyat
1. Who
are
the
foreign
nationals
that
cannot
work in the Philippines
without an employment
permit?
Art. 40 requires only
non-resident aliens
to
secure
employment permit.

3.Is the secretary of labor

legally authorized to order the
arrest of an illegal recruiter?
Ans. No, under article III, section 2
of the 1987 Constitution, it is only
the judges, no other, who may
issue warrants of arrest and
search.
However, the secretary of labor or
his duly authorized representatives
may cause the lawful arrest of
illegal recruiters either:

Page 9

2. Who are exempt from

such requirement?
a. All members of the
diplomatic service and
foreign
government
officials accredited by
and with the reciprocity
arrangement with the
Philippine government;
b. Officers and staff of the
international
organizations of which
the
Philippine

c.

d.
e.

f.

government
is
a
member,
and
their
legitimate
spouses
desiring to work in the
Philippines;
Foreign
nationals
elected as members of
the governing board
who do not occupy any
other
position,
but
have only voting rights
in the corporation;
All foreign nationals
granted exemption by
the law;
Owners
and
representatives
of
foreign
principals
whose companies are
accredited
by
the
POEA, who come to the
Philippines for a limited
period and solely for
the
purpose
of
interviewing
Filipino
applicants
for
employment abroad;
Foreign nationals who
come to the Philippines
to
teach,
present
and/or
conduct
research
studies
in
universities
and
colleges
visiting,
exchange or adjunct
professors
under
formal
agreements
between
the
universities or colleges
in the Philippines and
foreign universities or
colleges; or between
the
Philippine
government
and
foreign
government;
provided
that
the

exemption is on a
reciprocal basis; and
g. Resident
foreign
nationals.
Book Two Human Resources
Development
Title I National Manpower
Development Program
Chapter I National Policies
and Administrative Machinery
for their Implementation
Box 7 - Torres
1. What is TESDA and what are
its responsibilities?
Technical Education
and
Skills
Development
Authority
Responsibilities:
g.A. Office
of
the Executive
Director
The Office of the
Executive
Director
shall be composed
of the Executive
Director
III
and
his/her
immediate
staff. The Executive
Director shall be the
head of the TESDA
Secretariat
Proper
and as such, he/she
shall
exercise
general
supervision
and
control over its
technical
and
administrative
personnel
and
financial
administration.
The
Executive
Director shall be
appointed by the

Page 10

Regional
Governor
in accordance with
the provisions of the
ARMM
Administrative Code
and Civil Service
Law,
Rules
and
Regulations.

and projects (e.g.

skills trainings) and
related activities;

Develop
and
recommend TESDA
programs
for
regional and locallevel
implementation
within the policies
set by the Authority;

Design
and
establish
planning
processes
and
methodologies
to
enhance
the
efficiency
of
resource
allocation decisions
within
the
TESD
sector;

Conduct
researches, studies
for effective and
efficient
planning
and policy making
within the sector;

Monitor
and
analyze
labor
market information;
and
Perform such other
functions as may be
delegated by the
Executive
Director
and the Board.

g.B.
Regional
Operations
Division
(ROD)
The
Regional
Operations Division
shall be headed by a
Division
Chief
subject
to
the
qualifications set by
existing
laws
on
appointment.
The
ROD shall:
Serve as the
Secretariat to the
Regional
Technical
Education and Skills
Development
Committees
(RTESDCs);
Provide effective
planning,
supervision,
coordination
and
integration
of
technical education
and
skills
development
programs
(e.g.
program registration
and
accreditation,
assessment
and
certification,
youth profiling
for
starring careers and
scholarship grants)
Page 11

g.C.
Finance
and
Administrativ
e Division
The Office of the
Executive
Director
shall
also
be
assisted
by
the
Finance
and

Administrative
Division
(FAD)
headed
by
a
Division
Chief
subject
to
the
qualifications set by
existing
laws
on
appointment.
The
FAD shall:

Monitor
and
control utilization of
funds
of
all
operating
units;
Provide technical
assistance
on
budgetary matters
to operating units;

Maintain
and
update all books of
accounts
for
all
funds;

Monitor
work
performances
of,
and
study
and
implement areas of
human
resources
and
management develo
pment
for,
all
employees of the
TESDA;
Coordinate
procurement
and
storekeeping
of
supplies, materials
and equipment and
recommend
disposal unservicea
ble of tools and
equipment;
and
Attend to the
maintenance
of
records
on
deductions and their

Page 12

timely remittance to
the proper agencies.

g.D. Provincial
Offices
The
Provincial
Offices
shall
be
headed by Career
Executive
Service
Officers with the
rank of a Director II.
The
Provincial
TESDA Offices (POs)
shall be under the
direct control and
supervision of the
Executive Director.
The POs shall:

Serve
as
secretariat
to
Provincial Technical
Education and Skills
Development
Committees
(PTESDCs);
Provide technical
assistance
particularly to LGUs
for
effective
supervision,
coordination,
integration
and monitoring
of
TVET
programs
within
their
localities;

Review
and
recommend TESDA
programs
for
implementation
within
their
localities;

Coordinate
programs of private
schools
and

assessment centers;
Establish network
of institutions, LGUs
and
enterprises
implementing
the
TVET programs; and
Perform such other
duties and functions
as
may
be
authorized.

g.E.
The
Regional
Manpower
and
Development
Center
The
Regional
Manpower Training
Center (RMDC) shall
be headed by a
Center
Chief
or
Chief
TESD
Specialist
with
salary
grade
24
subject
to
the
qualifications set by
existing
laws
on
appointment.
The
RMDC shall:
serve as the
center
for
excellence in the
implementation
of
Center-based skills
trainings;
serve as venue for
continuing
development
of
trainers,
teachers
and
instructors;
serve as venue for
skills
assessments
and certifications of
Page 13

Technical-Vocational
Education
and
Training
(TVET)
graduates;
provide vocational
trainings
on
specialized
programs;
a. Arabic Language
and Saudi/Gulf
Culture
b. Automotive
Servicing-National
Certificate level I
c. Beauty Care
National-Certificate
Level II
d. CarpentryNational Certificate
Level II
e. Computer
Hardware ServicingNational Certificate
level II
f. Consumer
Electronics
Servicing-National
Certificate Level II
g. DressmakingNational Certificate
Level II
h. Electrical
Installation and
MaintenanceNational Certificate
Level II
i. English Language
and Culture
j. Household
Services-National
Certificate Level II
k. Housekeeping
National certificate
Level II
l. MachiningNational Certificate

Level II
m. Masonry-National
Certificate Level II
n. Motorcycle/Small
Engine ServicingNational Certificate
Level II
o. PV Systems
Design-National
Certificate Level III
p. PV Systems
Installation-National
Certificate Level II
q. PV Systems
Servicing and
MaintenanceNational Certificate
Level III
r. Plumbing-National
Certificate Level II
s. RAC Window
AC/Domestic
RefrigerationNational Certificate
Level I
t. Shielded Metal Arc
Welding-National
Certificate Level II
u. Gas Metal Arc
Welding-National
Certificate Level II

undertake
research
and
development
to
improve
service
delivery
in
the
center; and

organize
and
conduct
symposia/seminars
and other related
activities.

measured?

(This is purely based on

the left side my cerebral cortex. Haha!)

The success of the

TESDA
training
programs will be
gauged by how they
connect
skills
training to jobs.
By
looking
into
whether or not its
vision and mission
are achieved.
Book Three Conditions of
Employment
Title I Working Conditions and
Rest Periods
Chapter I Hours of Work
Box 8 - Melendez
1. Obviously, the law on
conditions
of
employment
cannot
apply
if
employeremployee relationship
does not exist between
the parties. In law who
is
considered
an
employee?
An
employer?

2. How may the success or

failure
of
TESDA
be

Page 14

Ans. Employer includes

any person acting in the
interest of an employer in
relation to an employee.
Employee
includes
any
individual employed by an
employer
Under
SSS
law
Employer
Any
person,
natural or juridical, domestic
or foreign, who carries on in
the Philippines any trade,
business,
industry,
undertaking, or activity of
any kind and uses the
services of another person

who is under his orders as

regards the employment.
Employee Any person who
performs services for an
employer in which either or
both mental and physical
efforts are used and who
receives compensation for
such services, where there is
an
employer-employee
relationship
2. What
are
the
implications
or
consequences of the
existence
of
the
employment
relationship? Who are
employees
excluded
from the coverage of
the law on employment
conditions?
Ans.
To
protect
workers/employee against
businessman trying to
avoid the bringing about
of an employer-employee
relationship
in
their
enterprises because that
juridical relations spawn
obligations
connected
with
workmens
compensation,
social
security,
medicare,
termination
pay,
unionism.
Excluded employees are
the following:
a. Govt. employee
b. Managerial employees,
including other officers
or members of the
managerial staff.
c. Field personnel

d. Employers
family
member who depend
on him for support
e. Domestic helpers
f. Persons in the personal
service of another
g. Workers who are paid
by
results
as
determined
under
DOLE regulations
3. What are the rights
and responsibilities of
the employer and the
employees as regards
determination
and
observance
of
work
hours?
Ans.

1. All hours which the Ee is

required to give to his Er regardless of
whether or not such hours are spent in
productive labor or involve physical or
mental exertion.
2. Rest period is excluded from
hours worked, even if Ee does not
leave his workplace, it being enough
that:
a. He stops working
b. May rest completely
c. May leave his workplace, to
go elsewhere, whether within or
outside the premises of the workplace
3. All time spent for work is
considered hours worked if:
a. The work performed was
necessary
b. If it benefited the Er
c. Or the Ee could not abandon
his work at the end of his normal
working hours because he had no
replacement
d. Provided, the work was with the
knowledge of his Er or immediate
supervisor
4. The time during which an Ee
is inactive by reasons of interruptions

Page 15

in his work beyond his control shall be

considered working time:
a. If the imminence of the
resumption of the work requires the
Ees presence at the place of work or
b. If the interval is too brief to
be utilized effectively and gainfully in
the Ees own interest.

4. In
law
what
are
considered
hours
worked? Which ones
are unworked, hence
not compensable? Is
lunch
break
compensable?
What
travel hours should be
paid?
Ans.
As rule hours worked
shall include:
(a) All time during which
an
employee
is
required to be on duty
or to be at prescribed
workplace.
(b)All the 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.
The
following
are
unworked hence not
compensable
a. Mealtime except when
he
is
required
to
perform
his
duties
whether
active
or
inactive while eating
b. Normal
travel
from
home to work except
emergency
call
s

Page 16

outside
his
regular
working hours.
Lunch break is not
compensable
except
when it is required to
perform
duties
whether
active
or
inactive
Travel should be paid
on following cases:
a. Emergency
call
outside
of
his
regular
working
hours
and
is
required to travel to
his place of business
or some other work
site, all time spent
in such travel is
working.
b. Time spent by an
employee in travel
as
part
of
his
principal
activity,
such as travel from
jobsite to jobsite
during the workday
must be counted as
hours worked.
c. Travel away from
home is clearly work
time when it cuts
across
the
employees workday
5. Is rendition of overtime
work an obligation?
Ans. No. Overtime work
is
voluntary.
Except
Compulsory
Overtime
work in any of the
following situations:

1. Urgent work to be performed on

machines and installations in
order to avoid serious loss or
damage to the Er or some other
cause of similar nature

2. Work is necessary to prevent

loss or damage to perishable
goods
3. In case of imminent danger to
the 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
4. Country is at war
5. Completion or continuation of
the work started before the 8th
hour is necessary to prevent
serious obstruction or prejudice
to the business operations of
the Er
6. Any other national or local
emergency has been declared
7. Necessary to prevent loss of life
or property.

Chapter II Weekly Rest Periods

Box 9 - Jadap

1. When is an employee's rest

day?
Every employee regardless of the
nature of his work is entitled to at
least one whole day every week as
his rest day. The rest day or day off
shall be determined by the
employer. However, in cases where
the employee is required by his
religious belief to rest on certain
days, such belief shall be respected
by the employer
2. May an employer require
work on rest day? On nonworking 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. 92, LC
Chapter III Holidays, Service
Incentive Leaves and Service
Charges
Box 10 - Jamila
1. What is holiday pay & who
are
the
employees
entitled to it?

Page 17

ANS:
Is a oneday pay given
by law to an employee even
if he does not work on a
regular holiday. It is limited to
the twelve (12) regular, also
called legal holidays listed by
law.
General
employees

rule,
in

all
all

establishments whether for

profit or not are entitled to a
holiday pay, provided that,
he should not have been
absent without pay on the
working day preceding the
regular holiday.
Exception,
holiday
pay does not apply to:
1.
Government
employees;
2.
Managerial
employees
including
members
of
managerial staff; 3.
Field personnel;
4. Members of the
family of the employer
who are dependent on
him for support; and
5. Employees of retail
&
services
establishments
regularly
employing not more
than ten (10) workers.

provisions of article 95 speak

of the number of months in a
year for the entitlement to
the said benefit.
3. Aside from S.I.L, what
other kinds of leave are
granted by law?
ANS:
The other kinds of
leave that are granted by law
are the following:
1. R.A No. 8187 Paternity
and
Maternity Leave;
2. R.A No. 8972 Parental
(solo
parent) Leave; and
3. R.A No. 9262
Battered
Woman
Leave.
Title II Wages
Chapter I Preliminary Matters
Box 11 - Dardo
1. What is wage? What does
it include?

2. What is service incentive

leave? Is a part-time
worker entitled to S.I.L to
the same extent as a fulltimer?
ANS:
It refers to the to
five (5) days leave with
for every employee who
rendered at least one
year of service.

the
pay
has
(1)

Yes, part-time workers

are also entitled to the full
benefit of the yearly 5-day
S.I.L. The reason is that the
Page 18

To determine
whether ones wage meets
the legal minimum, should
non-cash benefits included in
the computation?
Wage is the
remuneration
or
earnings,however
designated,capable of being
expressed I in terms of
money,wether
fixed
or
ascertained on a time,piece,or
commission basis or other
method of calculating the
same,which is payable by an
employer to an employee

under a written or unwritten

contract of employment for
done or to be done or for
services rendered or to be
rendered and includes the fair
and
reasonable
value,as
determined by the Secretary
of Labor,of board,lodging,or
other facilities customarily
furnished by the employer to
the employee.
Wage or Salary
includes;
1. Commission
2. Facilities
3. Commodities/Su
pplements
Yes, non-cash
benefits maybe included in the
computation of wages such as
board and lodging customarily
furnished by the employer to the
employee.
2. Facilities
are
wagedeductible,
Supplements are not.
How
are
they
differentiated?

3.

What establishments may

be
exempted
from
observance
of
the
minimum wage law?

1. Farm tenancy or leasehold;

2. Household or domestic
helpers;
3. Homeworkers engaged in
needle-work;
4. Workers employed in any
establishment
duly
registered
with
the
National Cottage Industry
Development
Authority
(NACIDA);
5. Workers in duly registered
cooperatives
when
so
recommended
upon
approval by the Secretary
of Labor;
6. Workers of a Barangay
Micro Business enterprise
Chapter II Minimum Wage
Rates
Box 12 - Lusica
1. Minimum wage rates are
regionalized, i.e., they
vary among the regions.
How is this justified?

In short, the benefit

or privilege given to the
employee, which constitutes
an extra remuneration over
and above his basic or
ordinary earning or wage, is
supplement. When benefit
or privilege is part of the
laborers basic wages, it is a
facility. The criterion lies
not so much on the kind of
the benefit or item given,but
its purpose.

Page 19

The minimum wage rates

were regionalized based on
the following applicable laws:
a. Art. 99 of the Labor
Code provides that
the minimum wage
rates for agricultural
and non agricultural
employees
and
workers in each
and every region
of the country shall
be those prescribed
by
the
Regional
Tripartite Wages and

Productivity
Boards.
b. By virtue of RA 6727
(Wage
Rationalization Act),
the regional wage
boards or RTWPBs
have issued wage
orders fixing the
minimum wages for
their
respective
regions. chardox
2. What is the Rule on
Nondiminution
of
benefits? Does it apply to
benefits
negotiated
through
a
collective
bargaining
agreement
(CBA) or to conditional
benefits such as bonus?
The rule on Nondiminution of
Benefits
is
simply
the
prohibition
against
elimination or diminution of
employee
benefits
under
Article 100 of the Labor
Code. So that the rule
against
diminution
of
supplements or benefits may
apply, it must be shown that:
a. The grant of the
benefit is founded
on a policy or has
ripened
into
a
practice over a long
period;
b. The
practice
is
consistent
and
deliberate;
a. Correction of error;
b. Negotiated benefits;
c. Wage order compliance;
d. Benefits on
reimbursement basis;
Page 20

c. The practice is not

due to error in the
construction
or
application
of
a
doubtful or difficult
question of law; and
d. The diminution or
discontinuance
is
done unilaterally by
the employer.
No. Benefits initiated through
negotiation
between
employer and employees,
such as those contained in a
collective
bargaining
agreement, are not within
the prohibition of Article 100
because, as products of
bilateral contract, they can
only
be
eliminated
or
diminished bilaterally. What
the law forbids is elimination
or
modification
done
unilaterally by the employer.
Neither does the rule under
Art. 100 apply to a benefit
whose grant depends on the
existence
of
certain
conditions,
so
that
the
benefit is not demandable if
those
preconditions
are
absent. An example of this is
the giving of bonus which is
not part of the employees
regular compensation. It is
only an act of generosity.
In sum, jurisprudence
recognizes exceptions to the
application of Article 100:
e. Reclassification of
position;
f. Contingent benefits or
conditional bonus; and
g. Productivity incentives.

3. What is the thirteenthmonth pay and who are

entitled to it? On what
basis is it computed? Are
commissions part of the
pay?
4.
5. Thirteenth-month pay is an
additional monetary benefit
given to an employee by
creating
an
imaginary
thirteenth month and obliges
employers
to
pay
the
employees for that imaginary
month. It is a statutory grant
under P.D. No. 851.
6.
7. All rank-and-file employees,
regardless of salary rate,
shall be entitled to 13thmonth pay.
8.
9. Under
the
implementing
rules of P.D.851, the basis of
computation of 13th-month
pay shall be the one-twelfth
(1/12) of the basic salary of
an
employee
within
a
calendar year.
10.
11.
In
the
case
of
Philippine Duplicators vs.
NLRC,
the
Court
ruled,
essentially, that commissions
are included or excluded,
depending on what kind of
commissions are involved.
a.
b.
c.
d.
e.
f.
g.
h.

12. If
the
commissions may properly
be considered part of the
basic salary, they should be
included in computing the
13th-month pay. (i.e. wage-or
sales-percentage type)
13. If
the
commissions are not integral
part of the basic salary, then
they should be excluded. (i.e.
profit-sharing or bonus type)
14.
15.
Wages
calculated
according to work output,
instead of time spent, is
lawful.
On
what
conditions?
16.
17.
This is the so-called
Payment by Results under
Article 101 of the Labor
Code. Under the law, the
wage rates paid to workers
paid by results, including
pakyao, piecework and other
noontime work must be fair
and reasonable.
18.
19.
What
statutory
benefits are piece-rate
workers entitled to?
20.
21.
On the basis of existing
labor regulations and more
recent jurisprudence, piece
rate workers are entitled to
the benefits, as follows:
The applicable statutory minimum daily rate;
Yearly service incentive leave of five (5) days with pay;
Night shift differential pay;
Holiday pay;
Meal and rest periods;
Overtime pay (conditional)
Premium pay (conditional)
13th-month pay
Page 21

i. Other benefits granted by law, by individual or collective agreement

j. Chapter III Payment of Wages
k. Box 13 - Estacion
l.
1. Is it lawful to pay the wages only once a month? May the
wages be paid in form of goods such as phone cards?
m. Ans.:
n.
Under Art. 103 of the Labor Code; Wages shall be made at least
once every two (2)weeks or twice a month at intervals not exceeding
sixteen (16) days. If on account of Force majeure or circumstances
beyond the employers control, payment of wages on or within the time
herein provided cannot be made, the employer shall pay the wages
immediately after such force majeure or circumstances have ceased. No
employer shall make payment with less frequency than once a month.
o.
No employer shall pay the wages of an employee by means of
promissory notes, vouchers, coupons, tokens, tickets, chits or any object
other than legal tender, even when expressly requested by the employee.
p.
2. What is independent contracting in contrast to labor-only
contracting? What does the latter consist of and why does the
law prohibit it?
q.
r. Ans.:
s.
t.
Independent
contracting is an arrangement whereby a
principal agrees to put out or farm out with a contractor or
subcontractor the performance or completion of a specific job work or
service within a definite or predetermined period, regardless of
whether such job, work or service to be performed or completed within
or outside the premises of the principal as hereinafter qualified.
Contracting, as the, definition shows, refers to the completion or
performance of a job, work, or service within a given period. Laboronly contracting, on the other hand, is not really contracting because
the arrangement is merely to recruit or place people to be employed,
supervised and paid by another, who, therefor, is the employer. The
commitment of the so-called contractor is not to do and deliver a
job, work or service but merely to find and supply people. The
contractor is a pseudo-contractor; in fact, he himself might even be
an employee of the employer. Thus, labor-only contracting is selfcontradictory because there is no contactor and no contracting in
L.o.C.
u.
v.
It is prohibited because it is an attempt to evade the obligations
of an employer.
w.

Page 22

y.

x.
Section 5 of D.O. No. 18-02-Prohibition against labor-only
contracting Labor-only contracting is hereby declared prohibited. For
this purpose, labor-only contracting shall refer to an arrangement
where the contractor or subcontractor merely recruits, supplies or
place workers
To perform a job, work or service for principal, and any of the
following elements are present:

z.
(i)

The contractor or subcontractor does not have substantial

capital or investment which relates to the job, work, or
service to be performed and the employees recruited,
supplied or place by such contractor or subcontractor are
performing activities which are directly related to the main
business of the principal; or
(ii)
The con tractor does not exercise the right to control over
the performance of the work of the contractual employee.
aa.
ab.
3. Other than labor-only contracting, what forms or acts of labor
contracting are disallowed?
ac.
Ans.:
ad. Notwithstanding Section 5 of these Rules the following are
hereby declared prohibited for being contrary to law or public policy.
(a) Contracting that terminates the employment of regular
employees, or reduce their work hours, or reduces or splits a
bargaining unit, if such contracting out is not done in good faith
and not justified by business exigencies.
(b)Contracting with cabo
(c) Contracting with in-house agency
(d)Contracting because of a strike or lockout.
(e) Contracting that constitutes ULP under Article 248.
ae.
4. May an indirect employer be held liable answerable for an
illegal dismissal done by the direct employer?
af.
ag.
Ans.:
ah.
ai. Every employer or indirect employer shall be held responsible
with his contractor or subcontractor for any violation of any provision
of this Code. For purposes of determining the extent of their civil
liability under this Chapter, they shall be considered as direct
employers.
aj.
ak. Chapter IV Prohibition Regarding Wages
al.
am. Box 14 - Ga
Page 23

an.
1. What wage deductions are legally allowed?
ao.
Ans. Expressly provided in the Labor Code
ap.
Art. 113. WAGE DEDUCTION
aq.
No employer, in his own behalf or in behalf of any person,
shall make any deduction from the wages of his employees, except:
(a) In cases where the worker is insured with his consent by the
employer, and the deduction is to recompense the employer for
the amount paid by him as premium on the insurance;
(b)For union dues, in cases where the right of the worker or his
union to check-off has been recognized by the employer or
authorized in writing by the individual worker concerned; and
(c) In cases where the employer is authorized by law or regulations
issued by the Secretary of Labor.
ar.
Deductions authorized by law:
a. Deduction for value of meals and other facilities.
b. In cases where the employee is insured with his consent by the
employer, deductions for the amount paid by said employer, as
premiums on the insurance.
c. In cases where the right of the employees or his union to checkoff
has been recognized by the employer or authorized in writing by
the individual employee concerned.
d. In cases where the employee is indebted to the employer, where
such indebtedness has become due and demandable.
e. In court awards, wages may be the subject of execution or
attachment, but only for debts incurred for food, shelter, clothing
and medical attendance.
f. Withholding tax
g. Salary deductions of a member of a legally established cooperative
h. SSS, Medicare and Pag-ibig contributions
as.
2. May an employer deduct from the employees salary the
cost of company property lost or damaged by the employee?
at. Ans. According to the implementing rules, payments for lost or
damaged equipment is deductible from the employees salary if
four conditions are met namely:
a. The employee is clearly shown to be responsible for the loss or
damage;
b. The employee is given ample opportunity to show cause why
deduction should not be made;
c. The amount of the deduction is fair and reasonable and shall not
exceed the actual loss or damage;
d. The deduction from the employees wage does not exceed 20
percent of the employees wages in a week.
3. May labor standards violation justify a strike?

Page 24

au.
Ans. A wage violation is unlawful and may be pursued in a
money claim, not through a strike. But a strikeable situation may
arise when the employer retaliates against the complaining
employee, and the retaliation is of the kind considered as ULP under
Art. 248(f). Violation of labor standards, therefore, may ultimately
cause or justify a strike if Article 248 (f) or Article 261 (gross
violation of the CBA) is applicable.
av.
aw. Chapter V Wage Studies, Wage Agreements, and Wage
Determination
ax. Box 15 Cruz
1. What is the NWPC? The RTWPB? What are their respective
authorities as regards wage determination?
ay.
az.A:
NWPC or National Wages and Productivity Commission,
prescribes rules and guidelines for determination of appropriate
minimum wage and productivity measures at the regional,
provincial or industry levels. Further the NWPC may review the
wage levels set by the RTWPB. But a wage-fixing order by RTWPB
does not need prior approval by the NWPC
ba.
RTWPB or Regional Tripartite Wages and Productivity
Boards, are empowered to determine and fix minimum wage rates
applicable in their regions and to issue the corresponding wage
orders, subject to guidelines issued by the NWPC. But the
guidelined, like the Labor Code, do not require NWPCs approval of a
wage order. What it requires is for the board to conduct a public
hearing over a petition for a wage order, to decide such petition
within 30 days after the last hearing , and to furnish the
Commission a copy of the decision on the petition or the wage
order. Furnishing the NWPC a copy of the Wage Order does not
mean seeking the Commissions approval.
2. What factors or criteria are considered in determining a
regions minimum wage standard?
bb. A:

ARTICLE 124. Standards/Criteria for minimum wage fixing.

The regional minimum wages to be established by the Regional Board shall
be as nearly adequate as is economically feasible to maintain the minimum
standards of living necessary for the health, efficiency and general well-being
of the employees within the framework of the national economic and social
development program. In the determination of such regional minimum
wages, the Regional Board shall, among other relevant factors, consider the
following:
bc.

(a) The demand for living wages;

bd.

(b) Wage adjustment visvis the consumer price index;

be.

(c) The cost of living and changes or increases therein;

bf.

(d) The needs of workers and their families;

Page 25

bg.

(e) The need to induce industries to invest in the countryside;

bh.

(f) Improvements in standards of living;

bi.

(g) The prevailing wage levels;

bj.

(h) Fair return of the capital invested and capacity to pay of employers;

bk.

(i) Effects on employment generation and family income; and

bl.
(j) The equitable distribution of income and wealth along the
imperatives of economic and social development.
bm. The wages prescribed in accordance with the provisions of this Title
shall be the standard prevailing minimum wages in every region. These
wages shall include wages varying with industries, provinces or localities if in
the judgment of the Regional Board, conditions make such local
differentiation proper and necessary to effectuate the purpose of this Title.

bn.
3. What obligations, if any, does an employer have when
salaries are distorted by compliance
with a wage order?
bo.

A:
Where the application of any prescribed wage increase by virtue
of a law or wage order issued by any Regional Board results in distortions of
the wage structure within an establishment, the employer and the union shall
negotiate to correct the distortions. Any dispute arising from wage distortions
shall be resolved through the grievance procedure under their collective
bargaining agreement and, if it remains unresolved, through voluntary
arbitration. Unless otherwise agreed by the parties in writing, such dispute
shall be decided by the voluntary arbitrators within ten (10) calendar days
from the time said dispute was referred to voluntary arbitration.
bp.
In cases where there are no collective agreements or recognized labor
unions, the employers and workers shall endeavor to correct such distortions.
Any dispute arising therefrom shall be settled through the National
Conciliation and Mediation Board and, if it remains unresolved after ten (10)
calendar days of conciliation, shall be referred to the appropriate branch of
the National Labor Relations Commission (NLRC). It shall be mandatory for
the NLRC to conduct continuous hearings and decide the dispute within
twenty (20) calendar days from the time said dispute is submitted for
compulsory arbitration.
bq.
The pendency of a dispute arising from a wage distortion shall not in
any way delay the applicability of any increase in prescribed wage rates
pursuant to the provisions of law or wage order.

br.Chapter VI Administration and Enforcement

bs. Box 16 Cabunoc
bt. 1) Labor laws are enforced and administered largely through
DOLE's regional offices. How is this administrative authority
exercised?
bu. Ans: (not sure)
bv.
To carry out these responsibilities, the DOLE is authorized to
operate and maintain regional offices (including district offices and
provincial extension units) in each of the country's administrative
regions. These offices serve as the operational armsthe front line
Page 26

action officesof the DOLE. This role is described in Arts. 128 and
129.
bw.
Article 128. Visitorial and enforcement powers. (a) The
Secretary of Labor and Employment or his duly authorized
representatives, including labor regulations officers, shall have
access to employer's records and premises at any time of the day
or night whenever work is being undertaken therein, and the right
to copy therefrom, to question any employee and to investigate any
fact, condition or matter which may be necessary to determine
violations or which may aid in the enforcement of this Code and of
any labor law, wage order or rules and regulations issued pursuant
thereto.
bx.
by.(b) The provisions of Article 217 of this Code to the contrary
notwithstanding and in cases where the relationship of employeremployee still exists, the Secretary of Labor and Employment or his
duly authorized representatives shall have the power to order and
administer, after due notice and hearing, compliance with the labor
standards provisions of this Code and other labor legislation based
on the findings of labor regulation officers or industrial safety
engineers made in the course of inspection, and to issue writs of
execution to the appropriate authority for the enforcement of their
order, except in cases where the employer contests the findings of
the labor regulation officer and raises issues which cannot be
resolved without considering evidentiary matters that are not
verifiable in the normal course of inspection.
bz.
ca.(c) The Secretary of Labor and Employment may likewise order
stoppage of work or suspension of operations of any unit or
department of an establishment when non-compliance with the law
or implementing rules and regulations poses grave and imminent
danger to the health and safety of workers in the workplace. Within
twenty-four hours, a hearing shall be conducted to determine
whether an order for the stoppage of work or suspension of
operations shall be lifted or not. In case the violation is attributable
to the fault of the employer, he shall pay the employees concerned
their salaries or wages during the period of such stoppage of work
or suspension of operation.
cb.
cc.(d) It shall be unlawful for any person or entity to obstruct, impede,
delay or otherwise render ineffective the order of the Secretary of
Labor and Employment or his duly authorized representatives
issued pursuant to the authority granted under this Article, and no
inferior court or entity shall issue temporary or permanent
injunction or restraining order or otherwise assume jurisdiction over
any case involving the enforcement orders issued in accordance
Page 27

with this Article.

cd.
ce.(e) Any government employee found guilty of violation of, or abuse
of authority under this Article shall, after appropriate administrative
investigation, be subject to summary dismissal from the service.
cf.
cg.
(f) The Secretary of Labor and Employment may by appropriate
regulations require employers to keep and maintain such
employment records as may be necessary in aid of his visitorial and
enforcement powers under this Code.
ch.
ci.
cj.
2) Some labor disputes are likewise adjudicated at the
regional level. What are the limits to such adjudicatory
function?
ck.Ans:
cl.
Under the provisions of Art 129, the Regional Director is
empowered through summary proceedings and after due notice, to
hear and decide cases involving recovery of wages and other
monetary claims and benefits, including legal interests, provided
the following requisites are present:
cm.
a) the claim is presented by an employee, or a person
employed in domestic or household service, or househelper;
cn.
b) the claim arises from employer-employee relations;
co.
c) the claimant does not seek reinstatement; and
cp.
d) the aggregate money claim of each claimant does not
exceed P5,000.00
cq.
cr.
3) Administrative orders or adjudications are appealable.
To whom? When?
cs. Ans:
ct.
Art. 129
cu.
xxx
cv.
Any decision or resolution of the Regional Director or hearing
officer pursuant to this provision may be appealed on the same
grounds provided in Article 223 of this Code, within five (5) calendar
days from receipt of a copy of said decision or resolution, to the
National Labor Relations Commission which shall resolve the appeal
within ten (10) calendar days from the submission of the last
pleading required or allowed under its rules.
cw.
cx. Title III Working Conditions for Special Groups of
Employees
cy. Chapter 1 Employment of Women
cz. Box 17 Elica

Page 28

1. Women, as a rule, are not allowed to engage in nightwork.

What are the exceptions?
da. Ans. Art. 131. Exceptions. The prohibitions prescribed by the
preceding Article shall not apply in any of the following cases:
1. 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;
2. In case of urgent work to be performed on machineries, equipment or
installation, to avoid serious loss which the employer would otherwise
suffer;
3. Where the work is necessary to prevent serious loss of perishable
goods;
4. 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;
5. 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;
6. Where the women employees are immediate members of the family
operating the establishment or undertaking; and
7. Under other analogous cases exempted by the Secretary of Labor and
Employment in appropriate regulations.
db.
2. Sex discrimination at work is basically wrongful. What acts are
considered discriminatory against women employees?
dc.
Ans. 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.
dd.

The following are acts of discrimination:

1. 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

Page 29

2. Favoring a male employee over a female employee with respect to

promotion, training opportunities, study and scholarship grants solely
on account of their sexes.
de.
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)
df.Chapter II Employment of Minors
dg. Box 18 - Daypuyat
1. Childwork is wrongful and generally illegal. Before a child may
be put to work, what are the legal requirements?
- It must be a nonhazardous work- the child is not exposed to any risk
which constitutes an imminent danger to his safety and health.
- The child shall work only for such # of hours and period of days as
determined by the Secretary of Labor.
dh.
- For below 15yrs old:
Must work directly under the sole responsibility of the
parents/legal guardian and where only members of his family
are employed;
It does not endanger childs life, safety, health nor impair
normal development;
The parent/legal guardian shall provide for the childs primary
and/or secondary education.
di.
If employed in any form of media-Childs participation must
be essential;
Employment contract is concluded by the childs parent or
legal guardian with express agreement of the child concerned,
if possible, and the approval of the DOLE;
The ff. are strictly complied with:
dj. a. Er shall ensure the protection, health, safety,
morals and normal development of the child
dk. b. Er shall institute measures to prevent exploitation
or discrimination of the child (remuneration, working
time)
dl. c. Er shall formulate and implement continuing
program for training and skill acquisitions of the child.
dm.

Page 30

2. What are the employable ages?

Between 15 and 18 for non-hazardous work
18 and above for any hazardous work
Below 15yrs old-GR: not allowed to work. Exceptions: (RA
9231 refer to page 444 if you must )
dn.
1. When a child works directly under the sole
responsibility of the parents and where only members of his
family are employed;
do.
2. Artista nga bata AKA child star :p
dp.
dq.
Chapter III Employment of Househelpers
dr.Box 19 - Torres
1. What statutory employment benefits do househelpers have?
a. Standard treatment any kind of abuse or any form of physical
violence or harassment or any act tending to degrade the dignity
of a domestic worker is not allowed.
b. Free board, lodging and medical attendance
c. Guarantee of privacy- extends to all forms of communication and
personal effects.
d. Access to outside communication-during free time. In case of
emergency, access to outside communication shall be at all
times.
e. Right to education and training- primary education; ALS; and
higher education, technical and vocational training, if
practicable.
f. Health and safety
g. Daily rest period-8hrs/day
h. Weekly rest period-24hrs
i. Minimum wagei.i. 2,500php/month for those employed in NCR;
i.ii. 2,000php/month for those employed in chartered cities
and first class municipalities; and
i.iii.
1,500php/month for those employed in other
municipalities.
j. Leave benefits- 5 days with pay for those who have rendered at
least 1yr of service.
k. Social and other benefits-must have rendered at least one month
of service
k.i. SSS
k.ii. PhilHealth
k.iii. Pag-ibig
ds.
2. When a househelpers employment is terminated, is he
entitled to separation pay?

Page 31

There is no provision of separation pay under the

Kasambahay Law. But it provides that if the domestic worker
is unjustly dismissed, the domestic helper shall be paid the
compensation already earned plus the equivalent of 15 days
work by way of indemnity. (Sec 32)
dt.
du.
3. Does the SSS law apply to househelpers?
Yes. A domestic worker who has rendered at least one month
of service shall be covered by the Social Security System and
entitled to all the benefits in accordance with the pertinent
provisions of the SSS law. (Sec 30)
dv. *Answers taken from RA 10361 -Kasambahay Law

dw.
dx. Chapter IV Employment of Homeworkers
dy. Box 20 - Melendez
dz.
1. Are homeworkers entitled to the right to self-organize? Are
they SSS covered?
ea. Ans.
eb. Yes, in the new rule, it authorizes the formation and registration
of labor organization of industrial homeworkers. It also makes
explicit the employers duty to pay and remit SSS, medicare and
ECC Premiums.
2. Who is their employer?
ec. Ans.
ed. Employers of homeworkers includes any person, natural or
artificial, who for his account or benefit or on behalf of any person
residing outside the country, directly or indirectly or through any
employee, agent, contractor, subcontractor or any other person.
ee.
ef.Title II Employees Compensation and State Insurance
Fund
eg. Chapter I Policy and Definitions
eh. Box 21 - Jadap
ei. 1. What are the significant changes introduce by labor code
to the law that awards compensation benefits to employees
who sustain work connected injury?
ej. Where an ailment supervened before the new labor code, the
governing law is the Workmen Compensation Act. Thus, the
changes are as follows:
ek. Workmen Compensation
el. Employees
Act. Act 3428
Compensation Law pd
442 amended by pd 626
em. (labor code)
en. there is presumption of
eo. no presumption of
Page 32

compensability
ep. no need to present proof of
causation
er. employer has burden of proof
et. there is presumption of
aggravation
ev.if he so desires, employer had
to controvert the claim within
14 days from date of disability
or 10 days from the
knowledge, otherwise it is
deemed waived
ex. payment of compression is
made by employer

ez.litigation, quasi judicial

compensability
eq. causation proof of
causation is needed of
diseases is not listed
es.Claimant
eu. aggravation no
presumption
ew. employer is not
allowed much less
required to intervene in
the process of the
compensation claim
ey. payment of compensation
is made by the sss/gsis
through state insurance
fund. Employer obligation
is to pay counter
contribution
fa. judicial administrative

fb.
fc.2. Under what circumstances is an injury considered work
connected and therefore compensable?
fd. Conditions:
fe.
1. The employee must have been injured at the place
where the work required him to be
ff.
2. The employee must have been performing his official
functions
fg.
3. If the injury is sustained elsewhere, the employee must
have been executing an order of the employer
fh.
4. The injury was not due to the employees intoxication,
willful intention to injure or kill himself or another, or notorious
negligence Injuries incurred by a health worker while doing
overtime work shall be considered work-connected.
fi.
fj. 3. What kind of disease are compensable?
fk. Occupational disease listed by the commission otherwise, proof
must be shown that the risk of contracting the disease is increased
by the working conditions.
fl. 4. Explain the theory of increased risk?
fm.
If an ailment is not included in the list of occupational
disease as drawn up by the commission, the claimant has the
burden of proving that the nature of the work increased the risked
of contacting the disease. The claimant must show proof of
reasonable work connection, not necessarily direct causal relation.
Page 33

fn. 5. What is the dual purpose doctrine?

fo. An employees status of acting in the course of his employment is
not negated by the fact that He may be pursuing a dual purpose.
fp. Considers as compensable an injury that an employee sustains
while on a trip undertaken for the benefit of employer even if in the
course thereof the employee pursues also a personal purpose.
fq. 6. If the cause of disease is unknown, for example,
cancer, must the claimant prove that it is work related so as
to obtain benefits under SIF?
fr. Yes. Proof is required.
fs. As a general rule, cancer is a disease still unknown origin which
strikes people in all walks of life. Unless it be shown that a particular
form of cancer is caused by specific working conditions or
environment, one cannot conclude that it was the employment
which increased the risk of contracting the disease.
ft. Chapter II Coverage and Liability
fu. Box 22 - Jamila
1. Who are the employees & employers compulsorily covered by
the employees compensation program?
fv.
fw. ANS:
fx.
The employees compensation law applies to all employers,
public or private, & to all employees, public or private, including
casual, emergency, temporary or substitute employees.
fy.
2. What is notorious negligence that can cause denial of
compensation claim?
fz.
ga. ANS:
gb.
Notorious negligence is something more than simple or
contributory negligence. It signifies a deliberate act of the employee
to disregard his own personal safety. Disobedience to the rules
and/or prohibition does not in itself constitute notorious negligence,
id no intention can be attributed to the injured to end his life.
gc.
gd.
3. What benefits are claimable under the EC program & under the
SS law because of an injury or disease?
ge.
gf.ANS:
gg.
Benefits claimable under the EC Program are the following:
1. Services
a. Medical services, appliances & supplies; and
b. Rehabilitation services
2. Cash Income Benefits or Pension due to:
a. Temporary total disability;
Page 34

gi.

b. Permanent total disability;

c. Permanent partial disability; and
d. Death
3. Funeral Benefits
gh.
Benefits claimable under the SS Law are the following:
1. Monthly Pension;
a. Dependents pension
b. Retirement benefits
2. Death Benefits & Permanent Disability Benefits;
3. Funeral Benefits;
4. Sickness Benefits; and
5. Maternity Leave Benefits
gj.
NOTE: Simultaneous recovery of benefits under
Employees Compensation Program of the Labor Code & under
the Social Security Law is allowed.

gk.
gl.Chapter III Administration
gm. Box 23 - Dardo
1. Who administers the State Insurance Fund? What is the role
of the SSS?
gn.
go.
It is administered by the government and attached to the
Department of Labor for policy coordination and guidance. Its
chairman is the Secretary of Labor and Employment.
gp.
The SSS is the collecting agent of the employees in the
private sector of the State Insurance Fund.
2. Does the EC Commission decide on compensation claims?
Are their decisions appealable?
gq.
Yes, the EC is the policy-making body of the
Employees Compensation Program and also the appeal body.
gr.
The decisions of either SSS or GSIS, if unfavorable
to the claimant are appealable to the ECC. Upon appeal, the
system elevates the record of the case to the ECC for review.
gs.

Chapter IV Contributions

gt.

Box 24 - Lusica

1. Is it the employers or the consumers that shoulder the

contributions to the State Insurance Fund (SIF)?
gu.
gv.Employers. Under the law, contributions shall be paid in their
entirety by the employer and any contract or device for the
deduction of any portion thereof from the wages or salaries of the
employees shall be null and void. chardox
gw. Chapter V Medical Benefits
Page 35

gx. Box 25 - Lusica

1. What are the benefits recoverable under the EC Program?
gy.
gz.The benefits or compensation extended to the employee (or to
beneficiaries) are of three kinds: services, income benefit, and
funeral benefit.
A. Services
(1)Medical services, appliances and supplies;
(2)Rehabilitation services;
B. Cash Income Benefit or Pension due to:
(1)Temporary total disability;
(2)Permanent total disability;
(3)Permanent partial disability;
(4)Death.
C. Funeral benefit. chardox
ha.
2. Are medical benefits payable even after ones retirement?
hb. Yes. In the case of Itogon Suyoc Mines Inc. vs. Dulay, et al,
medical attendance is owing as long as the employee is sick of a
compensable illness, and this duty is not ended when employment
terminates.
hc.

Chapter VI Disability Benefits

hd. Box 26 - Daypuyat

1. What are the kinds of disability benefits under the EC
program?
a. Income benefit
a.i. For temporary total disability
a.ii. Equivalent to 90% of his average daily salary credit
a.iii. Shall be paid to the ee from day 1 of his disability until the
120th day
b. Full monthly income benefit
b.i. for permanent total disability
b.ii. guaranteed for 5yrs
c. Permanent partial disability benefit
c.i. for Permanent partial disability
c.ii. same amount with permanent total
c.iii. monthly/lump sum (Until how many months will the ee
receive the income benefit under this category? Refer to
page 553. Example: loss of one thumb-10 months)
he.
2. When is a disability considered permanent-total?
If the ee is unable to perform any gainful occupation for a
continuous period exceeding 120 days.
An incapacity to perform gainful work which is expected to be
permanent. But does not require a condition of complete
Page 36

a.
b.
c.
d.
e.
f.

helplessness. Nor is it affected by the performance of

occasional odd jobs (Abaya v. ECC)
Example: Article 192
Temporary total disability lasting continuously for more than 120
days, except as otherwise provided;
Complete loss of sight of both eyes;
Loss of two limbs at or above the ankle or wrist;
Permanent complete paralysis of two limbs;
Brain injury resulting in incurable imbecility and insanity; and
Such cases as determined by the System and approved by the
commission.

hf.Chapter VII Death Benefits

hg. Box 27 - Culaway
1. In case an SIF covered employee dies, how are the beneficiaries of the
death benefits
hh. As provided by law, Art 194(a) Under such regulations as the
Commission may approve, the System shall pay to the primary
beneficiaries upon the death of the covered employee under this
Title, an amount equivalent to his monthly income benefit, plus ten
percent thereof for each dependent child, but not exceeding five,
beginning with the youngest and without substitution, except as
provided for in paragraph (j) of Article 167 hereof: Provided,
however, That the monthly income benefit shall be guaranteed for
five years: Provided, further, That if he has no primary beneficiary,
the System shall pay to his secondary beneficiaries the monthly
income benefit but not to exceed sixty months: Provided, finally,
That the minimum death benefit shall not be less than fifteen
thousand pesos.
2. If there are competing claimants who resolves the disputes?
a. If there competing claimants the ECC is empowered by law to
resolve disputes in compensation claims.
hi.Chapter VIII Provisions Common to Income Benefits
hj.Box 28 - Palamine
1. What are the liabilities of an employer who is delinquent in
his contributions to the SIF?
hk. An employer who is delinquent in his contributions shall be liable
to the System for the benefits which may have been paid by the
System to his employees or their dependents, and any benefit and
expenses to which such employer is liable shall constitute a lien on
all his property, real or personal, which is hereby declared to be
preferred to any credit, except taxes. The payment by the employer
of the lump sum equivalent of such liability shall absolve him from
the payment of the delinquent contribution and penalty thereon
with respect to the employee concerned.
hl.
2. What is the prescriptive period of EC claims?
Page 37

hm. As provided by law, No claim for compensation shall be given

due course unless said claim is filed with the System within three
(3) years from the time the cause of action accrued. (As amended
by Section 5, Presidential Decree No. 1921). Art 201
hn. Chapter IX Records, Reports and Penal Provisions
ho. Box 29 - Ga
1.
What steps need to be observed in filing and pursuing an
EC claim?
hp. Ans. Under Art. 206 of the present law on Employees
Compensation, it is required that the employee, his dependents or
anybody on his behalf, should give the notice of sickness, injury or
death to the employer within five (5) days from the occurrence of
the contingency. The purpose is not only to establish the
employees right to compensation, as no claim for compensation
shall be given the employer, but also to enable the employer to
comply with its duty under the Rules that of entering the
contingency in the logbook and of giving also due notice to the
System if the injury, sickness or death is deemed work-connected.
hq.
The same article provides, however, that notice need not
be given if the employer or his agent or representative is aware of
the contingency that gives rise to the claim for compensation.
hr.
2.
Under what circumstances may the notice to the
employer be dispensed with?
hs.
Ans. Under ECC Resolution No. 2127, notice of injury, sickness or
death of the employee need not be given to the employer in any of
the following situations:
a. When the employee suffers the contingency within the
employers premises;
b. When the employee officially files an application for leave of
absence by reason of the contingency from which he suffers;
c. When the employer provides medical services and/or medical
supplies to the employee who suffers from the contingency;
and
d. When the employer can be reasonably presumed to have
knowledge of the employees contingency, in view of the ff.
circumstances:
1. The employee was performing an official function for
the employer when the contingency occurred;
2. The employees contingency has been publicized
through mass media outlets; or
3. The specific circumstances of the occurrence of the
contingency have been such that the employer can be
reasonably presumed to have readily known it soon
thereafter; and

Page 38

4. Any other circumstances that may give rise to a

reasonable presumption that the employer has been
aware of the contingency.
ht.
hu.
hv.
hw.
hx.

Page 39