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Chapter 1 General Provisions affecting their rights and benefits as may be

provided by law.
Box 1 - Estacion

1. What is Labor law and what does it

aim to achieve? 3. Do the Philippines labor laws meet
international labor standards?
Ans.:
Ans.:
Labor legislation consists of statutes,
regulations and jurisprudence governing the Yes. The Philippines is a member of the
relations between capital and labor by International Labor Organization (ILO) of
providing for certain employment standards the UN, a specialized agency which seeks
and a legal framework for negotiating, the promotion of social justice and
adjusting and administering those internationally recognized human and labor
standards and other incidents of rights. The Philippine Senate on March 19,
employment. 1948 passed Resolution No. 44 concurring
to the countrys acceptance of obligations
The aim and the reason and, therefore, under the ILOs Constitution and By-laws.
the justification of labor laws is social
justice. 4. Are Philippine labor laws pro-labor?

2. What are the Constitutional mandates Ans.:

pertaining to labor and labor-
Yes, the Labor Code states that all
management relations?
doubts in the implementation and
Ans.: interpretation of the Labor Code including
its implementing rules and regulation shall
The basic rights guaranteed by the be resolved in favor of labor. The policy is
Constitution are: the right to organize to extend the decrees applicability to a
themselves; to conduct collective greater number of employees to enable
bargaining or negotiation with them to avail of the benefits under the law,
management; to engage in peaceful
in consonance with the States avowed
concerted activities, including to strike in policy to give maximum aid and protection
accordance with law; to enjoy security of to labor.
tenure; to work under humane conditions;
to receive a living wage; and to participate Chapter II Emancipation of Tenants
in policy and decision-making processes
Box 2 - Ga

Bukidnon State University College of Law

Batch 2014 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.
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 family-sized
farm, such as commodity produced,
terrain, infrastructure, and soil fertility
as determined by the Presidential
Bukidnon State University College of Law
Batch 2014
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
Page 2
 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
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,
Bukidnon State University College of Law
Batch 2014
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
Page 3
 the land and shall request the proper
Register of Deeds to 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.
BLE- effective allocation of
manpower resources in local
employment.
Bukidnon State University College of Law
Batch 2014
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
government-to-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
Page 4
 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 structure-POEA.
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.
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
Bukidnon State University College of Law
Batch 2014
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;
Page 5

(e) To influence or attempt to influence any
person or entity not to employ any worker who
has not applied for employment through his
agency;
(f) To engage in the recruitment or placement
of workers in jobs harmful to public health or
morality or to the dignity of the Republic of the
Philippines;
(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 financial considerations other than
those authorized under this Code and its
implementing rules and regulations.
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
Bukidnon State University College of Law
Batch 2014
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.
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 non-licensee, non-holder,
licensee or holder of authority.
(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
Page 6
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;
Bukidnon State University College of Law
Batch 2014
(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 by a syndicate or in large scale shall
be considered as offense involving economic
sabotage.
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.
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.
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.
Page 7
However, the secretary of labor or his duly desiring to work in the
authorized representatives may cause the Philippines;
lawful arrest of illegal recruiters either: c. Foreign nationals elected as
members of the governing
a.) By virtue of a judicial warrant issued by
board who do not occupy any
the RTC, MTC or MCTC judge, as the
case may be, or other position, but have only
b.) Without judicial warrant, under the voting rights in the corporation;
provisions of Section 5, Rule 113 of the d. All foreign nationals granted
1985 rules on criminal procedure, as exemption by the law;
amended by A.M. no. 00-5-03-SC e. Owners and representatives of
foreign principals whose
May he order the closure of an illegal
companies are accredited by
recruitment office?
the POEA, who come to the
Ans. Philippines for a limited period
and solely for the purpose of
Yes, the Secretary of Labor or his duly interviewing Filipino applicants
authorized representative may order the for employment abroad;
closure of illegal recruitment establishment. f. Foreign nationals who come to
the Philippines to teach,
Title II Employment of Non-resident Aliens
present and/or conduct
Box 6 - Daypuyat research studies in universities
and colleges visiting, exchange
1. Who are the foreign nationals that or adjunct professors under
cannot work in the Philippines without formal agreements between
an employment permit? the universities or colleges in
Art. 40 requires only non- the Philippines and foreign
resident aliens to secure universities or colleges; or
employment permit. between the Philippine
government and foreign
2. Who are exempt from such government; provided that the
requirement? exemption is on a reciprocal
a. All members of the diplomatic basis; and
service and foreign government g. Resident foreign nationals.
officials accredited by and with
the reciprocity arrangement Book Two Human Resources Development
with the Philippine
Title I National Manpower Development
government;
Program
b. Officers and staff of the
international organizations of Chapter I National Policies and
which the Philippine Administrative Machinery for their
government is a member, and Implementation
their legitimate spouses

Bukidnon State University College of Law

Batch 2014 Page 8
Box 7 - Torres Provide effective
planning, supervision,
1. What is TESDA and what are its coordination and
responsibilities? integration of technical
Technical Education and education and skills
Skills Development development programs
(e.g. program registration
Authority
and accreditation,
Responsibilities: assessment and
A. Office of the certification, youth profiling
Executive Director for starring careers and
The Office of the Executive scholarship grants) and
Director shall be composed projects (e.g. skills
of the Executive Director III trainings) and related
and his/her immediate activities;
staff. The Executive Develop and recommend
Director shall be the head TESDA programs for
of the TESDA Secretariat regional and local-level
Proper and as such, he/she implementation within the
shall exercise general policies set by the
supervision and control Authority;
over its technical and Design and establish
administrative personnel planning processes and
and financial methodologies to enhance
administration. The the efficiency of resource
Executive Director shall be allocation decisions within
appointed by the Regional the TESD sector;
Governor in accordance Conduct researches,
with the provisions of the studies for effective and
ARMM Administrative Code efficient planning and policy
and Civil Service Law, Rules making within the sector;
and Regulations. Monitor and analyze
labor market information;
B. Regional Operations and
Division (ROD) Perform such other
The Regional Operations functions as may be
Division shall be headed by delegated by the Executive
a Division Chief subject to Director and the Board.
the qualifications set by
existing laws on C. Finance and
appointment. The ROD Administrative
shall: Division
The Office of the Executive
Serve as the Secretariat to Director shall also be
the Regional Technical assisted by the Finance and
Education and Skills Administrative Division
Development Committees (FAD) headed by a Division
(RTESDCs); Chief subject to the

Bukidnon State University College of Law

Batch 2014 Page 9
 qualifications set by existing Provide technical
laws on appointment. The assistance particularly to
FAD shall: LGUs for effective
supervision, coordination,
Monitor and control integration and monitoring
utilization of funds of all of TVET programs within
operating units; their localities;
Provide technical Review and recommend
assistance on budgetary TESDA programs for
matters to operating units; implementation within
Maintain and update all their localities;
books of accounts for all Coordinate programs of
funds; private schools and
Monitor work assessment centers;
performances of, and study Establish network of
and implement areas of institutions, LGUs and
human resources and enterprises implementing
management development the TVET programs; and
for, all employees of the Perform such other duties
TESDA; and functions as may be
Coordinate procurement authorized.
and storekeeping of
supplies, materials and
equipment and recommend E. The Regional
disposal unserviceable of Manpower and
tools and equipment; and Development Center
Attend to the The Regional Manpower
maintenance of records on Training Center (RMDC)
deductions and their timely shall be headed by a Center
remittance to the proper Chief or Chief TESD
agencies. Specialist with salary grade
24 subject to the
D. Provincial Offices qualifications set by existing
The Provincial Offices shall laws on appointment. The
be headed by Career RMDC shall:
Executive Service Officers
with the rank of a Director serve as the center for
II. The Provincial TESDA excellence in the
Offices (POs) shall be under implementation of Center-
the direct control and based skills trainings;
supervision of the Executive serve as venue for
Director. The POs shall: continuing development of
trainers, teachers and
Serve as secretariat to instructors;
Provincial Technical serve as venue for skills
Education and Skills assessments and
Development Committees certifications of Technical-
(PTESDCs); Vocational Education and

Bukidnon State University College of Law

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 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. Carpentry-National
Certificate Level II
e. Computer Hardware
Servicing-National
Certificate level II
f. Consumer Electronics
Servicing-National
Certificate Level II
g. Dressmaking-National
Certificate Level II
h. Electrical Installation and
Maintenance-National
Certificate Level II
i. English Language and
Culture
j. Household Services-
National Certificate Level II
k. Housekeeping National
certificate Level II
l. Machining-National
Certificate Level II
m. Masonry-National
Certificate Level II
n. Motorcycle/Small Engine
Servicing-National
Certificate Level II
o. PV Systems Design-
National Certificate Level III
p. PV Systems Installation-
National Certificate Level II
q. PV Systems Servicing and
Maintenance-National
Certificate Level III
r. Plumbing-National
Certificate Level II
s. RAC Window
AC/Domestic Refrigeration-
National Certificate Level I
Bukidnon State University College of Law
Batch 2014
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.
2. How may the success or failure of
TESDA be 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
employer-employee relationship
does not exist between the parties.
In law who is considered an
employee? An employer?
Ans. Employer includes any person
acting in the interest of an employer in
relation to an employee.
Page 11
 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
Bukidnon State University College of Law
Batch 2014
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 in his work
beyond his control shall be considered working
time:
Page 12
 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
outside his regular working
hours.
Lunch break is not compensable
except when it is required to
perform duties whether active
or inactive
Bukidnon State University College of Law
Batch 2014
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
Page 13
 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 non-working 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;
Bukidnon State University College of Law
Batch 2014
(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?
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 rule, all employees in
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;
Page 14
 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.
2. What is service incentive leave? Is a
part-time worker entitled to S.I.L to
the same extent as a full-timer?
ANS:
It refers to the to the five (5)
days leave with pay for every employee
who has rendered at least one (1) year
of service.
Yes, part-time workers are also
entitled to the full benefit of the yearly
5-day S.I.L. The reason is that the
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.
Bukidnon State University College of Law
Batch 2014
Title II Wages
Chapter I Preliminary Matters
Box 11 - Dardo
1. What is wage? What does it include?
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/Supple
ments
Yes, non-cash benefits maybe
included in the computation of wages such as
board and lodging customarily furnished by the
employer to the employee.
Page 15
 2. Facilities are wage-deductible, The minimum wage rates were
Supplements are not. How are they regionalized based on the following
differentiated? applicable laws:
a. Art. 99 of the Labor Code
In short, the benefit or privilege provides that the
given to the employee, which constitutes minimum wage rates for
an extra remuneration over and above agricultural and non
his basic or ordinary earning or wage, is agricultural employees and
supplement. When benefit or workers in each and every
privilege is part of the laborers basic region of the country shall
wages, it is a facility. The criterion lies be those prescribed by the
not so much on the kind of the benefit or Regional Tripartite Wages
item given,but its purpose. and Productivity Boards.
b. By virtue of RA 6727 (Wage
Rationalization Act), the
3. What establishments may be regional wage boards or
exempted from observance of the RTWPBs have issued wage
minimum wage law? orders fixing the minimum
wages for their respective
1. Farm tenancy or leasehold; regions. chardox
2. Household or domestic helpers;
3. Homeworkers engaged in needle- 2. What is the Rule on Nondiminution of
work; benefits? Does it apply to benefits
4. Workers employed in any negotiated through a collective
establishment duly registered with bargaining agreement (CBA) or to
the National Cottage Industry conditional benefits such as bonus?
Development Authority (NACIDA);
5. Workers in duly registered The rule on Nondiminution of Benefits
cooperatives when so recommended is simply the prohibition against
upon approval by the Secretary of elimination or diminution of employee
Labor; benefits under Article 100 of the Labor
6. Workers of a Barangay Micro Code. So that the rule against
Business enterprise diminution of supplements or benefits
may apply, it must be shown that:
Chapter II Minimum Wage Rates a. The grant of the benefit is
founded on a policy or has
Box 12 - Lusica
ripened into a practice over
1. Minimum wage rates are regionalized, a long period;
i.e., they vary among the regions. How b. The practice is consistent
is this justified? and deliberate;
c. The practice is not due to
error in the construction or
Bukidnon State University College of Law
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 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
a. Correction of error;
b. Negotiated benefits;
c. Wage order compliance;
d. Benefits on reimbursement basis;
3. What is the thirteenth-month pay and
who are entitled to it? On what basis is
it computed? Are commissions part of
the pay?
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.
All rank-and-file employees, regardless
of salary rate, shall be entitled to 13th-
month pay.
4. Wages calculated according to work
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.
Bukidnon State University College of Law
Batch 2014
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.
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.
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)
If the commissions are not
integral part of the basic salary, then
they should be excluded. (i.e. profit-
sharing or bonus type)
output, instead of time spent, is lawful.
On what conditions?
This is the so-called Payment by Results
under Article 101 of the Labor Code.
Page 17
 Under the law, the wage rates paid to
workers paid by results, including On the basis of existing labor
pakyao, piecework and other noontime regulations and more recent
work must be fair and reasonable. jurisprudence, piece rate workers are
entitled to the benefits, as follows:
5. What statutory benefits are piece-rate
workers entitled to?
a. The applicable statutory minimum daily rate;
b. Yearly service incentive leave of five (5) days with pay;
c. Night shift differential pay;
d. Holiday pay;
e. Meal and rest periods;
f. Overtime pay (conditional)
g. Premium pay (conditional)
h. 13th-month pay

Other benefits granted by law, by individual or collective agreement

Chapter III Payment of Wages

Box 13 - Estacion

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?

Ans.:

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.

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.

2. What is independent contracting in contrast to labor-only contracting? What does the latter
consist of and why does the law prohibit it?

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 Ans.:

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. Labor-only 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 self-contradictory
because there is no contactor and no contracting in L.o.C.

It is prohibited because it is an attempt to evade the obligations of an employer.

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:

(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.

3. Other than labor-only contracting, what forms or acts of labor contracting are disallowed?

Ans.:

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

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 (c) Contracting with in-house agency
(d) Contracting because of a strike or lockout.
(e) Contracting that constitutes ULP under Article 248.

4. May an indirect employer be held liable answerable for an illegal dismissal done by the direct
employer?

Ans.:

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.

Chapter IV Prohibition Regarding Wages

Box 14 - Ga

1. What wage deductions are legally allowed?

Ans. Expressly provided in the Labor Code
Art. 113. WAGE DEDUCTION
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.

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.

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 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

2. May an employer deduct from the employees salary the cost of company property lost or
damaged by the employee?
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?
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.

Chapter V Wage Studies, Wage Agreements, and Wage Determination

Box 15 Cruz

1. What is the NWPC? The RTWPB? What are their respective authorities as regards wage
determination?

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
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

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 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?

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:

(a) The demand for living wages;

(b) Wage adjustment visvis the consumer price index;

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

(d) The needs of workers and their families;

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

(f) Improvements in standards of living;

(g) The prevailing wage levels;

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

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

(j) The equitable distribution of income and wealth along the imperatives of economic and social
development.

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.

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

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
Bukidnon State University College of Law
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 the voluntary arbitrators within ten (10) calendar days from the time said dispute was referred
to voluntary arbitration.

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.

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.

Chapter VI Administration and Enforcement

Box 16 Cabunoc

1) Labor laws are enforced and administered largely through DOLE's regional offices. How is this
administrative authority exercised?
Ans: (not sure)
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 action officesof the DOLE. This
role is described in Arts. 128 and 129.
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.

(b) The provisions of Article 217 of this Code to the contrary notwithstanding and in cases where the
relationship of employer-employee 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.

(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

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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.

(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 with this Article.

(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.

(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.

2) Some labor disputes are likewise adjudicated at the regional level. What are the limits to
such adjudicatory function?
Ans:
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:
a) the claim is presented by an employee, or a person employed in domestic or household
service, or househelper;
b) the claim arises from employer-employee relations;
c) the claimant does not seek reinstatement; and
d) the aggregate money claim of each claimant does not exceed P5,000.00

3) Administrative orders or adjudications are appealable. To whom? When?

Ans:
Art. 129
xxx
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.

Title III Working Conditions for Special Groups of Employees

Chapter 1 Employment of Women

Box 17 Elica

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 1. Women, as a rule, are not allowed to engage in nightwork. What are the exceptions?

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.

2. Sex discrimination at work is basically wrongful. What acts are considered discriminatory
against women employees?

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.

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

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.

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

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 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)

Chapter II Employment of Minors

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.

- 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.

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:
a. Er shall ensure the protection, health, safety, morals and normal
development of the child
b. Er shall institute measures to prevent exploitation or discrimination of the
child (remuneration, working time)
c. Er shall formulate and implement continuing program for training and skill
acquisitions of the child.

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 )
1. When a child works directly under the sole responsibility of the parents and
where only members of his family are employed;
2. Artista nga bata AKA child star :p

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 Chapter III Employment of Househelpers

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 wage-
i. 2,500php/month for those employed in NCR;
ii. 2,000php/month for those employed in chartered cities and first class
municipalities; and
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
i. SSS
ii. PhilHealth
iii. Pag-ibig

2. When a househelpers employment is terminated, is he entitled to separation pay?

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)

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)
*Answers taken from RA 10361 -Kasambahay Law

Chapter IV Employment of Homeworkers

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Box 20 - Melendez

1. Are homeworkers entitled to the right to self-organize? Are they SSS covered?
Ans.
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?
Ans.
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.

Title II Employees Compensation and State Insurance Fund

Chapter I Policy and Definitions

Box 21 - Jadap

1. What are the significant changes introduce by labor code to the law that awards compensation
benefits to employees who sustain work connected injury?

Where an ailment supervened before the new labor code, the governing law is the Workmen
Compensation Act. Thus, the changes are as follows:

Workmen Compensation Act. Act 3428 Employees Compensation Law pd 442

there is presumption of compensability
no need to present proof of causation
employer has burden of proof
there is presumption of aggravation
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
payment of compression is made by employer
litigation, quasi judicial
amended by pd 626
(labor code)
no presumption of compensability
causation proof of causation is needed of
diseases is not listed
Claimant
aggravation no presumption
employer is not allowed much less required to
intervene in the process of the compensation
claim
payment of compensation is made by the
sss/gsis through state insurance fund. Employer
obligation is to pay counter contribution
judicial administrative

2. Under what circumstances is an injury considered work connected and therefore compensable?

Conditions:

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 1. The employee must have been injured at the place where the work required him to be

2. The employee must have been performing his official functions

3. If the injury is sustained elsewhere, the employee must have been executing an order
of the employer

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.

3. What kind of disease are compensable?

Occupational disease listed by the commission otherwise, proof must be shown that the risk of
contracting the disease is increased by the working conditions.

4. Explain the theory of increased risk?

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.

5. What is the dual purpose doctrine?

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.

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.

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?

Yes. Proof is required.

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.

Chapter II Coverage and Liability

Box 22 - Jamila

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 1. Who are the employees & employers compulsorily covered by the employees compensation
program?

ANS:
The employees compensation law applies to all employers, public or private, & to all
employees, public or private, including casual, emergency, temporary or substitute employees.

2. What is notorious negligence that can cause denial of compensation claim?

ANS:
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.

3. What benefits are claimable under the EC program & under the SS law because of an injury or
disease?

ANS:
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;
b. Permanent total disability;
c. Permanent partial disability; and
d. Death
3. Funeral Benefits

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

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 5. Maternity Leave Benefits

NOTE: Simultaneous recovery of benefits under Employees Compensation Program of

the Labor Code & under the Social Security Law is allowed.

Chapter III Administration

Box 23 - Dardo

1. Who administers the State Insurance Fund? What is the role of the SSS?

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.
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?

Yes, the EC is the policy-making body of the Employees Compensation Program and also
the appeal body.

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.

Chapter IV Contributions

Box 24 - Lusica

1. Is it the employers or the consumers that shoulder the contributions to the State Insurance
Fund (SIF)?

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

Chapter V Medical Benefits

Box 25 - Lusica

1. What are the benefits recoverable under the EC Program?

The benefits or compensation extended to the employee (or to beneficiaries) are of three
kinds: services, income benefit, and funeral benefit.
A. Services
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 (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

2. Are medical benefits payable even after ones retirement?

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.

Chapter VI Disability Benefits

Box 26 - Daypuyat

1. What are the kinds of disability benefits under the EC program?

a. Income benefit
i. For temporary total disability
ii. Equivalent to 90% of his average daily salary credit
iii. Shall be paid to the ee from day 1 of his disability until the 120th day
b. Full monthly income benefit
i. for permanent total disability
ii. guaranteed for 5yrs
c. Permanent partial disability benefit
i. for Permanent partial disability
ii. same amount with permanent total
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)

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 helplessness. Nor is it affected by the
performance of occasional odd jobs (Abaya v. ECC)
Example: Article 192

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 a. Temporary total disability lasting continuously for more than 120 days, except as
otherwise provided;
b. Complete loss of sight of both eyes;
c. Loss of two limbs at or above the ankle or wrist;
d. Permanent complete paralysis of two limbs;
e. Brain injury resulting in incurable imbecility and insanity; and
f. Such cases as determined by the System and approved by the commission.

Chapter VII Death Benefits

Box 27 - Culaway

1. In case an SIF covered employee dies, how are the beneficiaries of the death benefits

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.

Chapter VIII Provisions Common to Income Benefits

Box 28 - Palamine

1. What are the liabilities of an employer who is delinquent in his contributions to the SIF?

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.

2. What is the prescriptive period of EC claims?

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
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 Chapter IX Records, Reports and Penal Provisions

Box 29 - Ga

1. What steps need to be observed in filing and pursuing an EC claim?

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.
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.

2. Under what circumstances may the notice to the employer be dispensed with?
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
4. Any other circumstances that may give rise to a reasonable presumption
that the employer has been aware of the contingency.
Once you've started, you're halfway there.

Fear not, for I am with you, be not dismayed, for I am your God; I will
strengthen you, I will help you, I will uphold you with my victorious right
hand. Isaiah 41:10

GOD BLESS, ALL! xo

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