LABOR LAW – MIDTERM Good Friday Movable date

Labor Standards
Labor Day May 1
WAGES
Independence
Holiday Pay June 12
Day
Art. 94. Right to holiday pay.
National
a. Every worker shall be paid his regular Last Monday of August
Heroes Day
daily wage during regular holidays,
except in retail and service Eidl Fitr Movable date
establishments regularly employing less
than ten (10) workers. Eidl Adha Movable date
b. The employer may require an employee
to work on any holiday, but such Bonifacio
November 30
employee shall be paid a compensation Day
equivalent to twice his regular rate; and
Christmas
c. As used in this Article, “holiday” December 25
Day
includes: New Year’s Day, Maundy
Thursday, Good Friday, the ninth of Rizal Day December 30
April, the first of May, the twelfth of
June, the fourth of July, the thirtieth of
November, the twenty-fifth and thirtieth
Special Non-working Holidays:
of December and the day designated by
law for holding a general election.
Chinese New Year Movable date
The following are not entitled to holiday pay:
EDSA People
(a) Those of the government and any of the
Power Revolution February 25
political subdivision, including government-
Anniversary
owned and controlled corporation;
(b) Those of retail and service establishments Ninoy Aquino Day August 21
regularly employing less than ten (10) workers;
(c) Domestic helpers and persons in the personal All Saints Day November 1
service of another;
Feast of the
(d) Managerial employees as defined in Book Immaculate December 8
Three of the Code; Conception
(e) Field personnel and other employees whose
Last day of the
time and performance is unsupervised by the December 31
year
employer including those who are engaged on
task or contract basis, purely commission basis,
Other holidays
or those who are paid a fixed amount for
declared by law
performing work irrespective of the time
and ordinance
consumed in the performance thereof. (IRR,
Book III, Rule IV, Sec.1).
Regular Holidays: For the special non-working days, the
following pay rules shall apply:
New Year January 1
• If the employee did not work, the “no
Araw ng work, no pay” principle shall apply,
Monday nearest April 9
Kagitingan unless there is a company policy,
practice, or collective bargaining
Maundy agreement (CBA) granting payment on a
Movable date
Thursday special day.
 • For work done during the special day, shall be paid an additional 30 percent of
he/she shall be paid an additional 30 his/her hourly rate on the said day
percent of his/her basic wage on the first [Hourly rate of the basic wage x 200% x
eight hours of work [(basic wage x 130% x 130% x number of hours
130%) + COLA]. worked]. (DOLE Labor Advisories)
• For work done in excess of eight hours Bonus
(overtime work), he/she shall be paid an
Bonus, as a general rule, is an amount granted
additional 30 percent of his/her hourly
and paid ex gratia to the employee.
rate on the said day [hourly rate of the
basic wage x 130% x 130% x number of It cannot be forced upon the employer who may
hours worked]. not be obliged to assume the onerous burden of
granting bonuses or other benefits aside from
• If an employee works on a special day
the employees’ basic salaries or wages. If there
that also falls on his/her rest day, he/she
is no profit, there should be no bonus. If profit is
shall be paid an additional 50 percent of
reduced, bonus should likewise be reduced,
his/her basic wage on the first eight
absent any agreement making such bonus part of
hours of work [(basic wage x 150%) +
the compensation of the employees.
COLA].
It becomes demandable and enforceable:
• For overtime work on a special day that
also falls on his/her rest day, he/she (1) If it has ripened into a company practice;
shall be paid an additional 30 percent of
his/her hourly rate on the said day (2) If it is granted as an additional compensation
[Hourly rate of the basic wage x 150% x which the employer agreed to give without any
130% x number of hours worked] condition such as success of business or more
(DOLE Labor Advisories) efficient or more productive operation, hence, it
is deemed part of wage or salary.
For regular holidays, the following rules shall
apply: (3) When considered as part of the compensation
and therefore demandable and enforceable, the
• For work done during the regular amount is usually fixed. If the amount thereof is
holiday, the employee shall be paid 200 dependent upon the realization of profits, the
percent of his/her wage for the first eight bonus is not demandable and enforceable.
hours [(basic wage + COLA) x 200%]. (Chan, J.G.. Bar Reviewer on Labor Law.
ChanRobles Publishing Company. 2019. )
• If the employee did not work, he/she
shall be paid 100 percent of his/her BONUS- Refers to the payment in excess of
wage for that day [(Basic wage + regular or guaranteed wages. It is granted to an
COLA) x 100%], provided he/she employee for his tangible contribution to the
worked on the day immediately success of the employer’s business, without
preceding the regular holiday, unless which the employer may not realize bigger
he/she is on leave of absence with pay profits. The contribution may be in the form of
or said day is his/her rest day an employee’s commitment to the job, his
industry and loyalty (Metro Transit Org., Inc. v.
• For overtime work (work done in excess
NLRC, G.R. No. 116008, July 11, 1995).
of eight hours), he/she shall be paid an
additional 30 percent of his/her hourly 13th Month Pay
rate on said day [Hourly rate of the basic
wage x 200% x 130% x number of The 13th-month pay is a mandatory benefit
hours worked]. provided to employees pursuant to Presidential
Decree No. 851
• If an employee works on a regular
holiday that also falls on his/her rest The amount of 13th month pay is equivalent to
day, he/she shall be paid an additional (1/12) of the basic salary of an employee within
30% of his/her basic wage of 200% a calendar year.
[(basic wage + COLA) x 200%] + [30% The basic salary includes all remunerations or
(basic wage x 200%)]. earnings paid by an employer to an employee for
• For overtime work on a regular holiday services rendered, but may not include cost-of-
that also falls on his/her rest day, he/she living allowances (COLA), profit-sharing
payments, cash equivalents of unused vacation
and sick leave credits, overtime pay, premium salaries. (ISAE vs. Hon. Quisumbing, G.R. No.
pay, night shift differential pay, holiday pay, and 128845, June 1, 2000)
all allowances and monetary benefits which are
NON-DIMINUTION OF BENEFITS
not considered, or integrated as part of the
regular or basic salary of the employee. Art. 100. Prohibition against elimination or
diminution of benefits. Nothing in this Book
• All rank-and-file employees who have
shall be construed to eliminate or in any way
worked for at least one (1) month during
diminish supplements, or other employee
the calendar year, are entitled to receive
benefits being enjoyed at the time of
13th month pay regardless of the nature
promulgation of this Code. (Labor Code)
of their employment and irrespective of
the methods by which their wages are The principle of non-diminution of benefits is
paid. actually founded on the Constitutional mandate
to protect the rights of workers, to promote their
• Managerial Employees are not entitled
welfare, and to afford them full protection. In
to 13th month pay under the law.
turn, said mandate is the basis of Article 4 of the
• Said amount should be paid not later Labor Code which states that "all doubts in the
than December 24 of every year. implementation and interpretation of this Code,
including its implementing rules and regulations,
The following employers are exempted from
shall be rendered in favor of labor."
paying 13th month pay under PD 851:
There is diminution of benefits when the
a) The government and any of its political following requisites are present:
subdivisions, including government-owned and
controlled corporations, except those (1) the grant or benefit is founded on a
corporations operating essentially as private policy or has ripened into a practice over
subsidiaries of the Government; a long period of time;
b) Employers who are already paying their (2) the practice is consistent and deliberate;
employees 13th month pay or more in a calendar
(3) the practice is not due to error in the
year or its equivalent at the time of the issuance
construction or application of a doubtful or
of PD 851;
difficult question of law; and
c) Employers of persons in the personal service
(4) the diminution or discontinuance is done
of another in relation to such workers; and
unilaterally by the employer. (Vergara vs. Coca-
d) Employers of those who are paid on purely cola, G.R. No. 176985, April 1, 2013)
commission, boundary, or task basis, and those
MINIMUM WAGE
who are paid a fixed amount for performing
specific work, irrespective of the time consumed Art. 99. Regional minimum wages. The
in the performance thereof, except those workers minimum wage rates for agricultural and non-
who are paid on piece-rate basis, in which case agricultural employees and workers in each and
the employer shall grant such workers the every region of the country shall be those
required 13th month pay. prescribed by the Regional Tripartite Wages and
Productivity Boards. (As amended by Section 3,
NO WORK, NO PAY ("FAIR DAY’S
Republic Act No. 6727, June 9, 1989). (Labor
WAGE FOR A FAIR DAY’S LABOR”)
Code)
If there is no work performed by the employee
• The term “wage” is used to characterize
there can be no wage or pay unless, of course,
the compensation paid for manual
the laborer was able, willing and ready to work
skilled or unskilled labor.
but was illegally locked out, suspended or
dismissed, or otherwise illegally prevented from • “Salary,” on the other hand, is used to
working (AKELCO vs. NLRC, G.R. No. 121439, describe the compensation for higher or
January 25, 2000) superior level of employment. (Chan,
J.G.. Bar Reviewer on Labor Law.
EQUAL PAY FOR EQUAL WORK
ChanRobles Publishing Company. 2019.
Persons who work with substantially equal
Precisely, the minimum wage law exists to
qualifications, skill, effort and responsibility,
provide as guideposts for the least pay that an
under similar conditions, should be paid similar
employee must receive for a day’s work. It does
not serve as restrictions on the right of the the deduction is to recompense the
employer to provide other monetary or non- employer for the amount paid by him as
monetary benefits to its employees. (Ampeloquio premium on the insurance;
vs. Jaka Distribution, Inc., G.R. No. 196936,
• For union dues, in cases where the right
July 2, 2014)
of the worker or his union to check-off
The minimum wage fixed by law is mandatory; has been recognized by the employer or
thus it is non-waivable and non-negotiable. The authorized in writing by the individual
enactment is compulsory in nature in order to worker concerned; and
ensure decent living conditions (PAM Co. v.
• In cases where the employer is
PAMEA- FFW, 51 SCRA 98).
authorized by law or regulations issued
MINIMUM WAGE; NATIONAL WAGES by the Secretary of Labor and
AND PRODUCTIVITY COMMISSION; Employment. (Labor Code)
REGIONAL TRIPARTITE WAGE AND
PRODUCTIVITY BOARD Art. 114. Deposits for loss or damage. No
employer shall require his worker to make
NWPC is a key policy-making body on wages, deposits from which deductions shall be made
incomes, and productivity, mandated under RA for the reimbursement of loss of or damage to
6727 or the Wage Rationalization Act (1989) tools, materials, or equipment supplied by the
and RA 6971 or the Productivity Incentives Act employer, except when the employer is engaged
of 1990 to: in such trades, occupations or business where
the practice of making deductions or requiring
Determine minimum wages at the regional,
deposits is a recognized one, or is necessary or
provincial and/or industry levels; and
desirable as determined by the Secretary of
Promote productivity improvement and
Labor and Employment in appropriate rules and
gainsharing schemes, particularly among micro,
regulations.
small and medium enterprises.
Art. 115. Limitations. No deduction from the
NWPC formulates policies and guidelines on
deposits of an employee for the actual amount of
wages, incomes, and productivity and exercises
the loss or damage shall be made unless the
technical and administrative supervision over the
employee has been heard thereon, and his
RTWPBs.
responsibility has been clearly shown.
The NWPC prescribes rules and guidelines for
Art. 116. Withholding of wages and
determination of appropriate minimum wage and
kickbacks prohibited. It shall be unlawful for
productivity measures at the regional, provincial
any person, directly or indirectly, to withhold
or industry levels. The NWPC may review the
any amount from the wages of a worker or
wage levels set by the RTWPBs. But, a wage-
induce him to give up any part of his wages by
fixing order by the RTWPB does not need prior
force, stealth, intimidation, threat or by any
approval by the NWPC (1 Azucena, 2016, p.
other means whatsoever without the worker’s
427)
consent.
PROHIBITIONS REGARDING WAGES
Art. 117. Deduction to ensure employment. It
Art. 112. Non-interference in disposal of shall be unlawful to make any deduction from
wages. No employer shall limit or otherwise the wages of any employee for the benefit of the
interfere with the freedom of any employee to employer or his representative or intermediary
dispose of his wages. He shall not in any manner as consideration of a promise of employment or
force, compel, or oblige his employees to retention in employment.
purchase merchandise, commodities or other
Art. 118. Retaliatory measures. It shall be
property from any other person, or otherwise
unlawful for an employer to refuse to pay or
make use of any store or services of such
reduce the wages and benefits, discharge or in
employer or any other person.
any manner discriminate against any employee
Art. 113. Wage deduction. No employer, in his who has filed any complaint or instituted any
own behalf or in behalf of any person, shall proceeding under this Title or has testified or is
make any deduction from the wages of his about to testify in such proceedings.
employees, except:
Art. 119. False reporting. It shall be unlawful
• In cases where the worker is insured for any person to make any statement, report, or
with his consent by the employer, and record filed or kept pursuant to the provisions of
this Code knowing such statement, report or corresponding increase in the salary rate
record to be false in any material respect. of a higher one;
WAGE ORDER • The elimination of the distinction
between the 2 groups or classes; and
“ART. 123. Wage Order. — Whenever
conditions in the region so warrant, the Regional • The WD exists in the same region of the
Board shall investigate and study all pertinent country (Alliance Trade Unions v.
facts; and based on the standards and criteria NLRC, G.R. No. 140689, February 17,
herein prescribed, shall proceed to determine 2004).
whether a Wage Order should be issued. Any
such Wage Order shall take effect after fifteen LEAVES
(15) days from its complete publication in at SERVICE INCENTIVE LEAVE
least one (1) newspaper of general circulation in
the region. Art. 95. Right to service incentive leave.

“In the performance of its wage determining Every employee who has rendered at least one
functions, the Regional Board shall conduct year of service shall be entitled to a yearly
public hearings/consultations, giving notices to service incentive leave of five days with pay.
employees’ and employers’ groups, provincial, This provision shall not apply to those who are
city and municipal officials and other interested already enjoying the benefit herein provided,
parties. (Art. 123, RA 6727) those enjoying vacation leave with pay of at
A wage order is an order issued by the least five days and those employed in
Regional Tripartite Wages and Productivity establishments regularly employing less than ten
Board pursuant to its power/authority in fixing employees or in establishments exempted from
or setting the minimum wage. granting this benefit by the Secretary of Labor
and Employment after considering the viability
Any Wage Order issued by the Board may not or financial condition of such establishment.
be disturbed for a period of twelve (12) months
from its effectivity, and no petition for wage The grant of benefit in excess of that provided
increase shall be entertained within the said herein shall not be made a subject of arbitration
period. In the event, however, that supervening or any court or administrative action. (Labor
conditions, such as extraordinary increase in Code)
prices of petroleum products and basic Note: SIL = 5 days of paid leave
goods/services, demand a review of the
minimum wage rates as determined by the Board PARENTAL LEAVE FOR SOLO PARENT
and confirmed by the Commission, the Board
Section 8. Parental Leave. - In addition to leave
shall proceed to exercise its wage fixing function
privileges under existing laws, parental leave of
even before the expiration of the said period.
not more than seven (7) working days every year
(NWCP Guidelines No. 001-95)
shall be granted to any solo parent employee
WAGE DISTORTION who has rendered service of at least one (1) year.
(RA 8972)
Wage distortion shall mean a situation where an
increase in prescribed wage rates results in the "Solo parent" - any individual who falls
elimination or severe contraction of intentional under any of the following categories:
quantitative differences in wage or salary rates
(1) A woman who gives birth as a result of rape
between and among employee groups in an
and other crimes against chastity even without a
establishment as to effectively obliterate the
final conviction of the offender: Provided, That
distinctions embodied in such wage structure
the mother keeps and raises the child;
based on skills, length of service, or other
logical bases of differentiation. (Art. 124, Labor (2) Parent left solo or alone with the
Code) responsibility of parenthood due to death of
spouse;
Elements of Wage Distortion:
(3) Parent left solo or alone with the
• An existing hierarchy of positions with
responsibility of parenthood while the spouse is
corresponding salary rates.
detained or is serving sentence for a criminal
• A significant change or increase in the conviction for at least one (1) year;
salary rate of a lower pay class without a
(4) Parent left solo or alone with the Maternity leave of sixty (60) days, with full pay,
responsibility of parenthood due to physical shall be granted for miscarriage or emergency
and/or mental incapacity of spouse as certified termination of pregnancy. (RA 11210)
by a public medical practitioner;
Section 5. Maternity Leave for Female
(5) Parent left solo or alone with the Workers in the Private Sector.— Any pregnant
responsibility of parenthood due to legal female worker in the private sector shall be
separation or de facto separation from spouse for granted a maternity leave of one hundred five
at least one (1) year, as long as he/she is (105) days with full pay, regardless of whether
entrusted with the custody of the children; she gave birth via caesarian section or natural
delivery, while maternity leave of sixty (60)
(6) Parent left solo or alone with the
days with full pay shall be granted for
responsibility of parenthood due to declaration
miscarriage or emergency termination of
of nullity or annulment of marriage as decreed
pregnancy.
by a court or by a church as long as he/she is
entrusted with the custody of the children; In case the employee qualifies as a solo parent
under Republic Act No. 8972, or the "Solo
(7) Parent left solo or alone with the
Parents’ Welfare Act", the employee shall be
responsibility of parenthood due to abandonment
paid an additional maternity benefit of fifteen
of spouse for at least one (1) year;
(15) days.
(8) Unmarried mother/father who has preferred
An additional maternity leave of thirty (30)
to keep and rear her/his child/children instead of
days, without pay, can be availed of, at the
having others care for them or give them up to a
option of the female worker: Provided, That the
welfare institution;
employer shall be given due notice, in writing, at
(9) Any other person who solely provides least forty-five (45) days before the end of her
parental care and support to a child or children; maternity leave: Provided, further, That no prior
notice shall be necessary in the event of a
(10) Any family member who assumes the medical emergency but subsequent notice shall
responsibility of head of family as a result of the be given to the head of the agency. (RA11210)
death, abandonment, disappearance or prolonged
absence of the parents or solo parent. PATERNITY LEAVE

A change in the status or circumstance of the Every married male employee in the private and
parent claiming benefits under this Act, such public sectors shall be entitled to a paternity
that he/she is no longer left alone with the leave of seven (7) days with full pay for the first
responsibility of parenthood, shall terminate four (4) deliveries of the legitimate spouse with
his/her eligibility for these benefits. (RA 8972) whom he is cohabiting. The male employee
applying for paternity leave shall notify his
MATERNITY LEAVE employer of the pregnancy of his legitimate
Maternity Leave for Female Workers in the spouse and the expected date of such delivery.
Public Sector. - a maternity leave of one (RA8187)
hundred five (105) days with full pay regardless GYNECOLOGICAL LEAVE
if the delivery was normal or
caesarian: Provided, That, in case the employee A woman Employeee having rendered
qualifies as a solo parent under Republic Act continuous aggregate employment service of at
No. 8972, or the "Solo Parents’ Welfare Act", least 6 months for the last 12 months shall be
the employee shall be paid an additional entitled to a special leave benefit of 2 months
maternity benefit of fifteen (15) days. An with full pay based on her gross monthly
additional maternity leave of thirty (30) days, compensation following surgery caused by
without pay, can be availed of, at the option of gynaecological disorders (Sec. 18, R.A. 9710,
the female worker: Provided, further, That, the Magna Carta of Women).
head of the agency shall be given due notice, in
Conditions to Claim Benefit:
writing, at least forty-five (45) days before the
end of her maternity leave: Provided, • She has rendered at least six (6) months
finally, That no prior notice shall be necessary in continuous aggregate employment
the event of a medical emergency but service for the last twelve (12) months
subsequent notice shall be given to the head of prior to surgery;
the agency.
 • In the event that an extended leave is adversely affect said employee;
necessary, the female employee may use
her earned leave credits; and (2) The above acts would impair the employee's
rights or privileges under existing labor laws; or
• This special leave shall be non-
cumulative and nonconvertible to cash
(3) The above acts would result in an
(Sec. 21, IRR, R.A. 9710, Magna Carta
intimidating, hostile, or offensive environment
of Women). for the employee.
LEAVE FOR VICTIMS OF VIOLENCE
In an education or training environment,
AGAINST WOMEN AND CHILDREN
sexual harassment is committed:
(RA9262)
(1) Against one who is under the care, custody
SECTION 43. Entitled to Leave. – Victims
or supervision of the offender;
under this Act shall be entitled to take a paid
leave of absence up to ten (10) days in addition (2) Against one whose education, training,
to other paid leaves under the Labor Code and apprenticeship or tutorship is entrusted to the
Civil Service Rules and Regulations, extendible offender;
when the necessity arises as specified in the
protection order. (3) When the sexual favor is made a condition to
the giving of a passing grade, or the granting of
Any employer who shall prejudice the right of
honors and scholarships, or the payment of a
the person under this section shall be penalized stipend, allowance or other benefits, privileges,
in accordance with the provisions of the Labor or consideration; or
Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any
(4) When the sexual advances result in an
person for assisting a co-employee who is a intimidating, hostile or offensive environment
victim under this Act shall likewise be liable for
for the student, trainee or apprentice.
discrimination.
Note: This leave is not convertible to cash
WORKING CONDITIONS FOR SPECIAL
SEXUAL HARASSMENT (RA 7877)
GROUPS OF EMPLOYEES
SECTION 3. Work, Education or Training - • “Apprenticeship” means practical
Related, Sexual Harassment Defined. - Work, training on the job supplemented by
education or training-related sexual harassment
related theoretical instruction.
is committed by an employer, employee,
manager, supervisor, agent of the employer, • An “apprentice” is a worker who is
teacher, instructor, professor, coach, trainor, or covered by a written apprenticeship
any other person who, having authority, agreement with an individual employer
influence or moral ascendancy over another in a or any of the entities recognized under
work or training or education environment, this Chapter.
demands, requests or otherwise requires any
• An “apprenticeable occupation” means
sexual favor from the other, regardless of
any trade, form of employment or
whether the demand, request or requirement for
occupation which requires more than
submission is accepted by the object of said Act.
three (3) months of practical training on
In a work-related or employment environment, the job supplemented by related
sexual harassment is committed when: theoretical instruction.
(1) The sexual favor is made as a condition in • “Apprenticeship agreement” is an
the hiring or in the employment, re-employment employment contract wherein the
or continued employment of said individual, or employer binds himself to train the
in granting said individual favorable apprentice and the apprentice in turn
compensation, terms of conditions, promotions, accepts the terms of training. (Art. 58,
or privileges; or the refusal to grant the sexual LC)
favor results in limiting, segregating or
classifying the employee which in any
way would discriminate, deprive or diminish
employment opportunities or otherwise
Qualifications of apprentice. DISABLED WORKERS
R.A. 7277 and R.A. 9442 (Magna Carta for
To qualify as an apprentice, a person shall:
Disabled Persons)
• Be at least fifteen (15) years of age (RA
• Disabled Persons are those suffering
9231 & IRR LC);
from restriction of different abilities, as
(Below 18 years of age eligible only for
a result of a mental, physical or sensory
non-hazardous work)
impairment, to perform an activity in the
• Possess vocational aptitude and capacity manner or within the range considered
for appropriate tests; normal for a human being;

• Possess the ability to comprehend and • Impairment is any loss, diminution or

follow oral and written instructions; aberration of psychological,
physiological, or anatomical structure of
Trade and industry associations may recommend function;
to the Secretary of Labor appropriate
educational requirements for different • Disability shall mean (1) a physical or
occupations. mental impairment that substantially
limits one or more psychological,
Only employers in the highly technical physiological or anatomical function of
industries may employ apprentices and only in an individual or activities of such
apprenticeable occupations approved by the individual; (2) a record of such an
Secretary of Labor and Employment. impairment; or (3) being regarded as
having such an impairment;
Compensation of Apprentice
• Handicap refers to a disadvantage for a
It starts at not less than 75% of the statutory given individual resulting from an
minimum wage for the 1st 6 months impairment or a disability, that limits or
thereafter, shall be paid in full minimum wage, prevents the functions or activity, that is
including the full COLA. considered normal given the age and sex
Art. 72. Apprentices without of the individual;
compensation. The Secretary of Labor and Equal Opportunity for Employment
Employment may authorize the hiring of
apprentices without compensation whose No disabled person shall be denied access to
training on the job is required by the school or opportunities for suitable employment. A
training program curriculum or as requisite for qualified disabled employee shall be subject to
graduation or board examination. (LC) (e.g. the same terms and conditions of employment
OJT) and the same compensation, privileges, benefits,
fringe benefits, incentives or allowances as a
LEARNERS qualified able-bodied person. Five percent (5%)
Art. 73. Learners defined. Learners are persons of all casual, emergency and contractual
hired as trainees in semi-skilled and other positions in the Department of Social Welfare
industrial occupations which are non- and Development; Health; Education, Culture
apprenticeable and which may be learned and Sports; and other government agencies,
through practical training on the job in a offices or corporations engaged in social
relatively short period of time which shall not development shall be reserved for disabled
exceed three (3) months. persons.

Art. 74. When learners may be hired. Learners Discrimination on Employment

may be employed when no experienced workers No entity, whether public or private, shall
are available, the employment of learners is discriminate against a qualified disabled person
necessary to prevent curtailment of employment by reason of disability in regard to job
opportunities, and the employment does not application procedures, the hiring, promotion, or
create unfair competition in terms of labor costs discharge of employees, employee
or impair or lower working standards. compensation, job training, and other terms,
Art. 75. Learnership agreement. Any employer conditions, and privileges of employment. The
desiring to employ learners shall enter into a following constitute acts of discrimination:
learnership agreement with them (LC)
(a). Limiting, segregating or classifying a EMPLOYMENT OF MINORS
disabled job applicant in such a manner that
Rules on employment of minor workers
adversely affects his work opportunities;
1. No person under 18 years of age will be
(b). Using qualification standards, employment
allowed to be employed in an
tests or other selection criteria that screen out or
undertaking which is hazardous or
tend to screen out a disabled person unless such
deleterious in nature.
standards, tests or other selection criteria are
shown to be job related for the position on 2. No employer shall discriminate against
question and are consistent with business any person in respect to terms and
necessity; conditions of employment on account of
his age.
(c). Utilizing standards, criteria, or methods of
administration that: A. Children below fifteen (15) years of age
shall not be employed except:
1). have the effect of discrimination on
the basis of disability; or 1. When the child works directly under the
sole responsibility of his parents or legal
2). perpetuate the discrimination of
guardian and where only members of
others who are subject to common
the family are employed, subject to the
administrative control;
following conditions:
(d). Providing less compensation, such as salary,
a. Employment does not endanger
wage or other forms of remuneration and fringe
the child’s safety, health and
benefits, to a qualified disabled employee, by
morals;
reason of his disability, than the amount to
which a non-disabled person performing the b. Employment does not impair
same work is entitled; the child’s normal development;
and
(e). Favoring a non-disabled employee over a
qualified disabled employee with respect to c. Employer-parent or legal
promotion, training opportunities, study and guardian provides the child with
scholarship grants, solely on account of the the primary and/or secondary
latter’s disability; education prescribed by the
Department of Education
(f). Re-assigning or transferring a disabled
employee to a job or position he cannot perform 2. When the child’s employment or
by reason of his disability; participation in public entertainment or
information through cinema, theatre,
(g). Dismissing or terminating the services of a
radio or television is essential provided:
disabled employee by reason of his disability
unless the employer can prove that he impairs a. Employment contract is concluded by
the satisfactory performance of the work involve the child’s parents or legal guardian; With the
to the prejudice of the business entities; express agreement of the child concerned, if
Provided, however, That the employer first possible; and
sought provide reasonable accommodations for
disabled persons; The approval of DOLE, the following must be
complied with:
(h). Failing to select or administer in the
effective manner employment tests which i. The employment does not involve
accurately reflect the skills, aptitude or other advertisement or commercials promoting
factor of the disabled applicant or employee that alcoholic beverages, intoxicating drinks, tobacco
such test purports to measure, rather than the and its by-products or exhibiting violence
impaired sensory, manual or speaking skills of ii. There is a written contract approved by
such applicant or employee, if any; and DOLE
(i). Excluding disabled persons from iii. The conditions provided in the first instance
membership in labor unions or similar are met
organization.
(University of Santo Tomas Golden Notes Labor
Law and Social Legislation, 2019) (Art. 139,
Labor Code)
Prohibition Against Worst Forms of Child • “g) Is performed under particularly
Labor. – No child shall be engaged in the worst difficult conditions; or
forms of child labor. The phrase “worst forms of
child labor” shall refer to any of the following: • “h) Exposes the child to biological
agents such as bacteria, fungi, viruses,
“(1) All forms of slavery, as defined under the protozoans, nematodes and other
“Anti-trafficking in Persons Act of 2003”, or parasites; or
practices similar to slavery such as sale and
trafficking of children, debt bondage and • “i) Involves the manufacture or handling
serfdom and forced or compulsory labor, of explosives and other pyrotechnic
including recruitment of children for use in products.”
armed conflict; or “SEC. 12-A. Hours of Work of a Working
Child. – Under the exceptions provided in
“(2) The use, procuring, offering or exposing of
a child for prostitution, for the production of Section 12 of this Act, as amended:
pornography or for pornographic performances; “(1) A child below fifteen (15) years of age may
or be allowed to work for not more than twenty
“(3) The use, procuring or offering of a child for (20) hours a week: Provided, That the work shall
illegal or illicit activities, including the not be more than four (4) hours at any given
day;
production and trafficking of dangerous drugs
and volatile substances prohibited under existing “(2) A child fifteen (15) years of age but below
laws; or eighteen (18) shall not be allowed to work for
“(4) Work which, by its nature or the more than eight (8) hours a day, and in no case
circumstances in which it is carried out, is beyond forty (40) hours a week;
hazardous or likely to be harmful to the health, “(3) No child below fifteen (15) years of age
safety or morals of children, such that it: shall be allowed to work between eight o’clock
• “a) Debases, degrades or demeans the in the evening and six o’clock in the morning of
the following day and no child fifteen (15) years
intrinsic worth and dignity of a child as
a human being; or of age but below eighteen (18) shall be allowed
to work between ten o’clock in the evening and
• “b) Exposes the child to physical, six o’clock in the morning of the following day.”
emotional or sexual abuse, or is found to
WOMEN WORKERS
be highly stressful psychologically or
may prejudice morals; or Art. 132. Facilities for women. The Secretary
of Labor and Employment shall establish
• “c) Is performed underground,
standards that will ensure the safety and health
underwater or at dangerous heights; or
of women employees. In appropriate cases, he
• “d) Involves the use of dangerous shall, by regulations, require any employer to:
machinery, equipment and tools such as
• Provide seats proper for women and
power-driven or explosive power-
permit them to use such seats when they
actuated tools; or
are free from work and during working
• “e) Exposes the child to physical danger hours, provided they can perform their
such as, but not limited to the dangerous duties in this position without detriment
feats of balancing, physical strength or to efficiency;
contortion, or which requires the manual
• To establish separate toilet rooms and
transport of heavy loads; or
lavatories for men and women and
• “f) Is performed in an unhealthy provide at least a dressing room for
environment exposing the child to women;
hazardous working conditions, elements,
• To establish a nursery in a workplace for
substances, co-agents or processes
the benefit of the women employees
involving ionizing, radiation, fire,
therein; and
flammable substances, noxious
components and the like, or to extreme
temperatures, noise levels, or vibrations; • To determine appropriate minimum age
or and other standards for retirement or
termination in special occupations such
 as those of flight attendants and the like. (1) Support services and gears to protect them
(LC) from occupational and health hazards taking into
account women’s maternal functions;
WOMEN WORKERS; DISCRIMINATION
(2) Support services that will enable women to
Article 135. Discrimination prohibited. It shall
balance their family obligations and work
be unlawful for any employer to discriminate
responsibilities including, but not limited to,
against any woman employee with respect to
the establishment of day care centers and breast-
terms and conditions of employment solely on
feeding stations at the workplace, and providing
account of her sex.
maternity leave pursuant to the Labor Code and
The following are acts of discrimination: other pertinent laws;

• Payment of a lesser compensation, (3) Membership in unions regardless of status of

including wage, salary or other form of employment and place of employment; and
remuneration and fringe benefits, to a
(4) Respect for the observance of indigenous
female employees as against a male
peoples’ cultural practices even in the
employee, for work of equal value; and
workplace.
• Favoring a male employee over a female
(c) In recognition of the temporary nature of
employee with respect to promotion,
overseas work, the State shall exert all efforts to
training opportunities, study and address the causes of out-migration by
scholarship grants solely on account of
developing local employment and other
their sexes. (LC) economic opportunities for women and by
“Discrimination Against Women” refers to any introducing measures to curb violence and
gender-based distinction, exclusion, or forced and involuntary displacement of local
restriction which has the effect or purpose of women. The State shall ensure the protection
impairing or nullifying the recognition, and promotion of the rights and welfare of
enjoyment, or exercise by women, irrespective migrant women regardless of their work status,
of their marital status, on a basis of equality of and protect them against discrimination in
men and women, of human rights and wages, conditions of work, and employment
fundamental freedoms in the political, economic, opportunities in host countries. (R.A.
social, cultural, civil, or any other field. 9710/Magna Carta for Women)

It includes any act or omission, including by STIPULATIONS AGAINST MARRIAGE

law, policy, administrative measure, or practice,
Art. 136. Stipulation against marriage. It shall
that directly or indirectly excludes or restricts be unlawful for an employer to require as a
women in the recognition and promotion of their condition of employment or continuation of
rights and their access to and enjoyment of
employment that a woman employee shall not
opportunities, benefits, or privileges. (R.A.
get married, or to stipulate expressly or tacitly
9710/Magna Carta for Women) that upon getting married, a woman employee
Right to Decent Work. — The State shall shall be deemed resigned or separated, or to
progressively realize and ensure decent work actually dismiss, discharge, discriminate or
standards for women that involve the creation of otherwise prejudice a woman employee merely
jobs of acceptable quality in conditions of by reason of her marriage.
freedom, equity, security, and human dignity. [A] requirement that a woman employee must
(a) Decent work involves opportunities for work remain unmarried could be justified as a "bona
that are productive and fairly remunerative as fide occupational qualification," or BFOQ,
family living wage, security in the workplace, where the particular requirements of the job
and social protection for families, better would justify the same, but not on the ground of
prospects for personal development and social a general principle, such as the desirability of
integration, freedom for people to express their spreading work in the workplace. A requirement
concerns, organize, participate in the decisions of that nature would be valid provided it reflects
that affect their lives, and equality of an inherent quality reasonably necessary for
opportunity and treatment for all women and satisfactory job performance. (Star paper corp.
men. vs. Simbol, G.R. No. 164774, April 12, 2006,
citing PLDT vs. NLRC, G.R. No. 118978, May
(b) The State shall further ensure: 23, 1997)
WOMEN WORKERS; PROHIBITED ACTS The employer shall provide appropriate rest and
assistance to the domestic worker in case of
Art. 137. Prohibited acts.
illnesses and injuries sustained during service
It shall be unlawful for any employer: without loss of benefits.

-To deny any woman employee the benefits At no instance shall the employer withdraw or
provided for in this Chapter or to discharge any hold in abeyance the provision of these basic
woman employed by him for the purpose of necessities as punishment or disciplinary action
preventing her from enjoying any of the benefits to the domestic worker.
provided under this Code.
SEC. 7. Guarantee of Privacy. – Respect for the
privacy of the domestic worker shall be
-To discharge such woman on account of her guaranteed at all times and shall extend to all
pregnancy, or while on leave or in confinement forms of communication and personal effects.
due to her pregnancy; This guarantee equally recognizes that the
domestic worker is obliged to render satisfactory
service at all times.
-To discharge or refuse the admission of such
woman upon returning to her work for fear that SEC. 8. Access to Outside Communication.
she may again be pregnant. (LC) – The employer shall grant the domestic worker
access to outside communication during free
KASAMBAHAY - R.A. 10361 time: Provided, That in case of emergency,
Domestic work refers to work performed in or access to communication shall be granted even
for a household or households. during work time. Should the domestic worker
make use of the employer’s telephone or other
Domestic worker or “Kasambahay” refers to any communication facilities, the costs shall be
person engaged in domestic work within an borne by the domestic worker, unless such
employment relationship such as, but not limited charges are waived by the employer.
to, the following: general househelp, nursemaid
or “yaya”, cook, gardener, or laundry person, but SEC. 9. Right to Education and Training. –
shall exclude any person who performs domestic The employer shall afford the domestic worker
work only occasionally or sporadically and not the opportunity to finish basic education and
on an occupational basis. may allow access to alternative learning systems
and, as far as practicable, higher education or
The term shall not include children who are technical and vocational training. The employer
under foster family arrangement, and are shall adjust the work schedule of the domestic
provided access to education and given an worker to allow such access to education or
allowance incidental to education, i.e. “baon”, training without hampering the services required
transportation, school projects and school by the employer.
activities.
SEC. 10. Prohibition Against Privileged
Note: Service providers and Family drivers are Information. – All communication and
excluded information pertaining to the employer or
members of the household shall be treated as
KASAMBAHAY; RIGHTS AND
privileged and confidential, and shall not be
PRIVILEGES - R.A. 10361
publicly disclosed by the domestic worker
SEC. 5. Standard of Treatment. – The during and after employment. Such privileged
employer or any member of the household shall information shall be inadmissible in evidence
not subject a domestic worker or “kasambahay” except when the suit involves the employer or
to any kind of abuse nor inflict any form of any member of the household in a crime against
physical violence or harassment or any act persons, property, personal liberty and security,
tending to degrade the dignity of a domestic and chastity.
worker.
SEC. 20. Daily Rest Period. – The domestic
SEC. 6. Board, Lodging and Medical worker shall be entitled to an aggregate daily
Attendance. – The employer shall provide for rest period of eight (8) hours per day.
the basic necessities of the domestic worker to
SEC. 21. Weekly Rest Period. – The domestic
include at least three (3) adequate meals a day
worker shall be entitled to at least twenty-four
and humane sleeping arrangements that ensure
(24) consecutive hours of rest in a week. The
safety.
employer and the domestic worker shall agree in leave of five (5) days with pay: Provided, That
writing on the schedule of the weekly rest day of any unused portion of said annual leave shall not
the domestic worker: Provided, That the be cumulative or carried over to the succeeding
employer shall respect the preference of the years. Unused leaves shall not be convertible to
domestic worker as to the weekly rest day when cash.
such preference is based on religious grounds.
SEC. 30. Social and Other Benefits. – A
Nothing in this provision shall deprive the
domestic worker who has rendered at least one
domestic worker and the employer from
(1) month of service shall be covered by the
agreeing to the following:
Social Security System (SSS), the Philippine
• (a) Offsetting a day of absence with a Health Insurance Corporation (PhilHealth),
particular rest day; and the Home Development Mutual Fund or
• (b) Waiving a particular rest day in Pag-IBIG, and shall be entitled to all the
return for an equivalent daily rate of benefits in accordance with the pertinent
pay; provisions provided by law.
• (c) Accumulating rest days not
Premium payments or contributions shall be
exceeding five (5) days; or
shouldered by the employer. However, if the
• (d) Other similar arrangements.
domestic worker is receiving a wage of Five
thousand pesos (P5,000.00) and above per
SEC 24. Minimum Wage. – The minimum
month, the domestic worker shall pay the
wage of domestic workers shall not be less than
proportionate share in the premium payments or
the following:
contributions, as provided by law.
(a) Two thousand five hundred pesos
If the domestic worker is unjustly dismissed, the
(P2,500.00) a month for those employed in the
domestic worker shall be paid the compensation
National Capital Region (NCR);
already earned plus the equivalent of fifteen (15)
(b) Two thousand pesos (P2,000.00) a month for days work by way of indemnity.
those employed in chartered cities and first class
If the domestic worker leaves without justifiable
municipalities; and
reason, any unpaid salary due not exceeding the
(c) One thousand five hundred pesos equivalent fifteen (15) days work shall be
(P1,500.00) a month for those employed in other forfeited. In addition, the employer may recover
municipalities. from the domestic worker costs incurred related
to the deployment expenses, if
After one (1) year from the effectivity of this any: Provided, That the service has been
Act, and periodically thereafter, the Regional terminated within six (6) months from the
Tripartite and Productivity Wage Boards
domestic worker’s employment.
(RTPWBs) shall review, and if proper,
determine and adjust the minimum wage rates of SEC. 33. Termination Initiated by the
domestic workers. (Effectivity: 2012) Domestic Worker. – The domestic worker may
terminate the employment relationship at any
SEC 25. Payment of Wages. – Payment of time before the expiration of the contract for any
wages shall be made on time directly to the of the following causes:
domestic worker to whom they are due in cash at
least once a month. The employer, unless • (a) Verbal or emotional abuse of the
allowed by the domestic worker through a domestic worker by the employer or any
written consent, shall make no deductions from member of the household;
the wages other than that which is mandated by • (b) Inhuman treatment including
law. No employer shall pay the wages of a physical abuse of the domestic worker
domestic worker by means of promissory notes, by the employer or any member of the
vouchers, coupons, tokens, tickets, chits, or any household;
object other than the cash wage as provided for • (c) Commission of a crime or offense
under this Act. against the domestic worker by the
employer or any member of the
The domestic worker is entitled to a thirteenth
household;
month pay as provided for by law.
• (d) Violation by the employer of the
SEC. 29. Leave Benefits. – A domestic worker terms and conditions of the employment
who has rendered at least one (1) year of service contract and other standards set forth
shall be entitled to an annual service incentive under this law;
 • (e) Any disease prejudicial to the health • Delivers, or causes to be delivered, any
of the domestic worker, the employer, or goods, articles or materials to be
member/s of the household; and processed or fabricated in or about a
• (f) Other causes analogous to the home and thereafter to be returned or to
foregoing. be disposed of or distributed in
accordance with his directions; or
SEC. 34. Termination Initiated by the
• Sells any goods, articles or materials to
Employer. – An employer may terminate the
be processed or fabricated in or about a
services of the domestic worker at any time
home and then rebuys them after such
before the expiration of the contract, for any of
processing or fabrication, either by
the following causes:
himself or through some other person.
(a) Misconduct or willful disobedience by the (LC)
domestic worker of the lawful order of the
“Industrial Homework” is a system of
employer in connection with the former’s work;
production under which work for an employer or
(b) Gross or habitual neglect or inefficiency by
contractor is carried out by a homework at
the domestic worker in the performance of
his/her home. Materials may or may not be
duties;
furnished by the employer or contractor.
(c) Fraud or willful breach of the trust reposed
by the employer on the domestic worker; It differs from regular factory production
(d) Commission of a crime or offense by the principally in that, it is a decentralized form of
domestic worker against the person of the production where there is ordinarily very little
employer or any immediate member of the supervision or regulation of methods of work.
employer’s family; (DOLE D.O. No. 05-92)
(e) Violation by the domestic worker of the
terms and conditions of the employment contract Employer of a homeworker
and other standards set forth under this law; Includes any person, natural or artificial who, for
(f) Any disease prejudicial to the health of the his account or benefit, or on behalf of any
domestic worker, the employer, or member/s of person residing outside the country, directly or
the household; and indirectly, or through an employee, agent
(g) Other causes analogous to the foregoing. contractor, subcontractor or any other person:
• Delivers or causes to be delivered, any
HOMEWORKER goods, articles or materials to be
Article 153. Regulation of industrial processed or fabricated in or about a
homeworkers. The employment of industrial home and thereafter to be returned or to
homeworkers and field personnel shall be be disposed of or distributed in
regulated by the government through the accordance with his directions;
appropriate regulations issued by the Secretary Sells any goods, articles or materials to be
of Labor and Employment to ensure the general processed or fabricated in or abut a home and
welfare and protection of homeworkers and field then rebuys them after such processing or
personnel and the industries employing them. fabrication, either by himself or through some
Article 154. Regulations of Secretary of other person (DOLE D.O. No. 05-92)
Labor. The regulations or orders to be issued Prohibitions for homework
pursuant to this Chapter shall be designed to
assure the minimum terms and conditions of The following shall be prohibited as homework:
employment applicable to the industrial • Explosives, fireworks and similar
homeworkers or field personnel involved. articles;
• Drugs and poisons; and
Article 155. Distribution of homework. For • Other articles, the processing of which
purposes of this Chapter, the "employer" of requires exposure to toxic substances
homeworkers includes any person, natural or (DOLE D.O. No. 05-92)
artificial who, for his account or benefit, or on
behalf of any person residing outside the
country, directly or indirectly, or through an
employee, agent contractor, sub-contractor or
any other person:
NIGHT WORKERS - R.A. 10151 are prevented from working for reasons
of health."
"Article 154. Coverage. - This chapter' shall
apply to all persons, who shall be employed or Women Night Workers
permitted or suffered to work at night, except
Measures shall be taken to ensure that an
those employed in agriculture, stock raising,
alternative to night work is available to women
fishing, maritime transport and inland
workers who would otherwise be called upon to
navigation, during a period of not less than
perform such work:
seven (7) consecutive hours, including the
interval from midnight to five o'clock in the "(a) Before and after childbirth, for a period of at
morning, to be determined by the Secretary of least sixteen (16) weeks, which shall be divided
Labor and Employment, after consulting the between the time before and after childbirth;
workers' representatives/labor organizations and
employers. "(b) For additional periods, in respect of winch a
medical certificate IS produced stating that said
"'Night worker' means any employed person additional periods are necessary for the health of
whose work requires performance of a the mother or child:
substantial number of hours of night work which
exceeds a specified limit. This limit shall be fixed "(1) During pregnancy;
by the Secretary of Labor after consulting the "(2) During a specified time beyond the period,
workers' representatives/labor organizations after childbirth is fixed pursuant to subparagraph
and employers." (a) above, the length of which shall be
Health Assessment. - At their request, workers determined by the DOLE after consulting the
shall have the right to undergo a health labor organizations and employers.
assessment without charge and to receive advice "During the periods referred to in this article:
on how to reduce or avoid health problems
associated with their work: "(i) A woman worker shall not be dismissed or
given notice of dismissal, except for just or
• "(a) Before taking up an assignment as a authorized causes provided for in this Code that
night worker; are not connected with pregnancy, childbirth and
• "(b) At regular intervals during such an childcare responsibilities.
assignment; and "(ii) A woman worker shall not lose the benefits
• "(c) If they experience health problems regarding her status, seniority, and access to
during such, an assignment which are promotion which may attach to her regular night
not caused by factors other than the work position.
performance of night work. "Pregnant women and nursing mothers may be
"With the exception of a finding of unfitness for allowed to work .at night only if a competent
night work, the findings of such assessments physician, other than the company physician,
shall not be transmitted to others without the shall certify their fitness to render night work,
workers' consent and shall not be used to their and specify, in the case of pregnant employees,
detriment." the period of the pregnancy that they can safely
work.
• Transfer. - Night workers who are
certified as unfit for night work, due to "The measures referred to in this article may
health reasons, shall be transferred, include transfer to day work where this is
whenever practicable, to a similar job possible, the provision of social security benefits
for which they are fit to work. or an extension of maternity leave.

• "If such transfer to a similar job is not "The provisions of this article shall not leave the
practicable, these workers shall be effect of reducing the protection and benefits
granted the same benefits as other connected with maternity leave under existing
workers who are unable to work, or to laws."
secure employment during such period.
• "A night worker certified as temporarily
unfit for night work shall be given the
same protection against dismissal or
notice of dismissal as other workers who
MIGRANT WORKERS three (3) months for every year of the migrant
worker's employment contract;
SEC. 37-A. Compulsory Insurance Coverage
for Agency-Hired Workers. - In addition to the The insurance policy shall also include:
performance bond to be filed by the
• "(g) Compassionate visit. When a
recruitment/manning agency under Section 10,
migrant worker is hospitalized and has
each migrant worker deployed by a
recruitment/manning agency shall be covered by been confined for at least seven (7)
consecutive days, he shall be entitled to
a compulsory insurance policy which shall be
a compassionate visit by one (1) family
secured at no cost to the said worker. Such
member or a requested individual. The
insurance policy shall be effective for the
duration of the migrant worker's employment insurance company shall pay for the
transportation cost of the family member
and shall cover, at the minimum:
or requested individual to the major
"(a) Accidental death, with at least Fifteen airport closest to the place of
thousand United States dollars (US$15,000.00) hospitalization of the worker. It is,
survivor's benefit payable to the migrant however, the responsibility of the family
worker's beneficiaries; member or requested individual to meet
all visa and travel document
"(c) Permanent total disablement, with at least
requirements;
Seven thousand five hundred United States
dollars (US$7,500.00) disability benefit payable • "(h) Medical evacuation. When an
to the migrant worker. The following disabilities adequate medical facility is not available
shall be deemed permanent: total, complete loss proximate to the migrant worker, as
of sight of both eyes; loss of two(2) limbs at or determined by the insurance company's
above the ankles or wrists; permanent complete physician and/or a consulting physician,
paralysis of two (2) limbs; brain injury resulting evacuation under appropriate medical
to incurable imbecility or insanity; supervision by the mode of transport
necessary shall be undertaken by the
"(d) Repatriation cost of the worker when
insurance provider; and
his/her employment is terminated without any
valid cause, including the transport of his or her • "(i) Medical repatriation. When
personal belongings. In case of death, the medically necessary as determined by
insurance provider shall arrange and pay for the the attending physician, repatriation
repatriation or return of the worker's remains. under medical supervision to the
The insurance provider shall also render any migrant worker's residence shall be
assistance necessary in the transport including, undertaken by the insurance provider at
but not limited to, locating a local licensed such time that the migrant worker is
funeral home, mortuary or direct disposition medically cleared for travel by
facility to prepare the body for transport, commercial carrier. If the period to
completing all documentation, obtaining legal receive medical clearance to travel
clearances, procuring consular services, exceeds fourteen (14) days from the date
providing necessary casket or air transport of discharge from the hospital, an
container, as well as transporting the remains alternative appropriate mode of
including retrieval from site of death and transportation, such as air ambulance,
delivery to the receiving funeral home; may be arranged. Medical and non-
medical escorts may be provided when
"(e) Subsistence allowance benefit, with at least
necessary.
One hundred United States dollars (US$100.00)
Per month for a maximum of six (6) months for
a migrant worker who is involved in a case or
litigation for the protection of his/her rights in
the receiving country;
"(f) Money claims arising from employer's
liability which may be awarded or given to the
worker in a judgment or settlement of his or her
case in the NLRC. The insurance coverage for
money claims shall be equivalent to at least
EMPLOYER—EMPLOYEE In resolving the issue of whether such
RELATIONSHIP (EER) relationship exists in a given case, substantial
evidence - that amount of relevant evidence
Employer - Any person, natural or juridical,
which a reasonable mind might accept as
domestic or foreign, who carries on in the
adequate to justify a conclusion - is sufficient.
Philippines any trade, business, industry,
Although no particular form of evidence is
undertaking or activity of any kind and uses the
required to prove the existence of the
services of another person who is under his
relationship, and any competent and relevant
orders as regards the employment, except the
evidence to prove the relationship may be
Government and any of its political
admitted, a finding that the relationship exists
subdivisions, branches or instrumentalities,
must nonetheless rest on substantial evidence.
including corporations owned or controlled by
(Alba vs. Espinosa, G.R. No. 227734, August 9,
the Government: Provided, That a self-employed
2017)
person shall be both employee and employer at
the same time. X x x the Court enumerated the factors in
determining whether or not an employer-
Employee - Any person who performs services
employee relationship exists, to wit: (a) the
for an employer in which either or both mental
selection and engagement of the employee; (b)
and physical efforts are used and who receives
the payment of wages; (c) the power of
compensation for such services, where there is
dismissal; and (d) the employer’s power to
an employer-employee relationship: Provided,
control the employee with respect to the means
That a self-employed person shall be both
and methods by which the work is to be
employee and employer at the same time. (R.A.
accomplished. It is the so-called ‘control test’
8282)
that is the most important element.
It is axiomatic that the existence of an employer-
Absent the power to control the employee with
employee relationship cannot be negated by
respect to the means and methods by which
expressly repudiating it in the management
his work was to be accomplished, there was no
contract and providing therein that the
employer-employee relationship between the
"employee" is an independent contractor when
parties. (Continental Marble Corp. vs. NLRC,
the terms of the agreement clearly show
G.R. No. L-43825, May 9, 1988)
otherwise. For, the employment status of a
person is defined and prescribed by law and Logically, the line should be drawn between:
not by what the parties say it should be.
-rules that merely serve as guidelines towards
(Insular life vs. NLRC, G.R. No. 119930, March
the achievement of the mutually desired result
12, 1998)
without dictating the means or methods to be
At the outset, we reiterate the well-settled employed in attaining it, and
doctrine that the existence of an employer-
-those that control or fix the methodology and
employee relationship is ultimately a question
bind or restrict the party hired to the use of such
of fact. (SSS vs. CA, G.R. No. 100388,
means.
December 14, 2000)
The first, which aim only to promote the result,
create no employer-employee relationship unlike
TESTS TO DETERMINE EXISTENCE OF the second, which address both the result and the
EER means used to achieve it. (Insular Life vs. NLRC,
G.R. No. 84484, Nov. 15 1989)
FOUR-FOLD TEST
To ascertain the existence of an employer-
employee relationship[,] jurisprudence has ECONOMIC DEPENDENCY (TWO-
invariably adhered to the four-fold test, to wit: TIERED TEST)
(1) the selection and engagement of the X x x in this jurisdiction, there has been no
employee; uniform test to determine the existence of an
employer-employee relation. Generally, courts
(2) the payment of wages;
have relied on the so-called right of control test
(3) the power of dismissal; and where the person for whom the services are
performed reserves a right to control not only
(4) the power to control the employee's the end to be achieved but also the means to be
conduct, or the so-called "control test."
used in reaching such end. In addition to the (7) the degree of dependency of the worker
standard of right-of-control, the existing upon the employer for his continued
economic conditions prevailing between the employment in that line of
parties, like the inclusion of the employee in the business. (Francisco vs. NLRC, G.R. No.
payrolls, can help in determining the existence 170087, August 31, 2006)
of an employer-employee relationship.
(Francisco vs. NLRC, G.R. No. 170087, August
31, 2006) LEGITIMATE SUBCONTRACTING VS.
LABOR-ONLY CONTRACTING
However, in certain cases the control test is not
sufficient to give a complete picture of the “Contracting” or “Subcontracting” – refers to an
relationship between the parties, owing to the arrangement whereby a principal agrees to farm
complexity of such a relationship where several out to a contractor the performance or
positions have been held by the worker. There completion of a specific job or work with a
are instances when, aside from the employer’s definite or predetermined period, regardless of
power to control the employee with respect to whether such work or job is to be performed or
the means and methods by which the work is to completed within or outside the premises of the
be accomplished, economic realities of the principal. (DOLE D.O. No. 174-17)
employment relations help provide a
comprehensive analysis of the true classification “Contracting” or “Subcontracting” – refers to
of the individual, whether as employee, an arrangement whereby a principal agrees to
independent contractor, corporate officer or farm out to a contractor the performance or
some other capacity. completion of a specific job or work with a
definite or predetermined period, regardless of
The better approach would therefore be to adopt whether such work or job is to be performed or
a two-tiered test involving: completed within or outside the premises of the
principal.
(1) the putative employer’s power to control
the employee with respect to the means “Labor-only contracting” – refers to an
and methods by which the work is to be arrangement where the contractor or
accomplished; and subcontractor merely recruits, supplies or places
workers to perform a job or work for a principal
(2) the underlying economic realities of the
(DOLE D.O. No. 174-17)
activity or relationship.
Elements of legitimate job contracting:
(Francisco vs. NLRC, G.R. No. 170087, August
31, 2006) (a)The contractor is engaged in a distinct and
independent business and undertakes to
Thus, the determination of the relationship
perform the job or work on its own
between employer and employee depends upon
responsibility, according to its own manner and
the circumstances of the whole economic
method;
activity, such as:
(b) The contractor has substantial capital to
(1) the extent to which the services
carry out the job farmed out by the principal on
performed are an integral part of the
his own account, manner and method,
employer’s business;
investment in the form of tools, equipment,
(2) the extent of the worker’s investment in machinery and supervision;
equipment and facilities;
(c)In performing the work farmed out, the
(3) the nature and degree of control contract or is free from the control and/or
exercised by the employer; direction of the principal in all matters
connected with the performance of the work
(4) the worker’s opportunity for profit and
except as to the result thereto; and
loss;
(d) The Service Agreement ensures compliance
(5) the amount of initiative, skill, judgment
with all the rights and benefits for all the
or foresight required for the success of the
employees of the contractor under labor laws.
claimed independent enterprise;
NB: Substantial capital = Php5,000,000.00
(6) the permanency and duration of the
relationship between the worker and the
employer; and
Elements of labor-only contracting:
(a) The contractor does not have either
(i) Substantial capital or (ii) investments in
the form of tools, equipment,
machineries, supervision, work
premises, among others, and the
contractor's employees recruited and
placed are performing activities which
are directly related to the main business
operation of the principal;
or
(b) The contractor does not exercise the right to
control over the performance of the work of the
employee.
NB: Labor-only contracting is absolutely
prohibited
In legitimate contracting, there exists a trilateral
relationship under which there is a contract for
a specific job, work or service between the
principal and the contractor or subcontractor,
and a contract of employment between the
contractor or subcontractor and its workers.
There are three parties involved in these
arrangements:
• Principal – any employer who decides
to farm out a job or service to a
contractor or subcontractor;
• Contractor or subcontractor – has the
capacity to independently undertake the
performance of the job, work or service;
and,
• Contractual workers – engaged by the
contractor or subcontractor to
accomplish the job, work or service
pursuant to the agreement between the
latter and the principal. (Aliviado et. al.,
v. Procter & Gamble Phils., Inc., and
Promm-Gem, Inc., G.R. No. 160506,
June 6, 2011)

SOLIDARY LIABILITY – In the event of

violation of any provision of the Labor Code,
including the failure to pay wages, there exists a
solidary liability on the part of the principal and
the contractor for purposes of enforcing the
provisions of the Labor Code and other social
legislations, to the extent of the work performed
under the employment contract.