Article No.

Name of Decree
1
2

Date of effectivity

Declaration of basic policy

Construction in favor of labor

4
Rules and regulations
5
Applicability
6
7

Statement of objectives

Transfer of lands to tenant-workers

8

Determination of land value

9
Conditions of ownership
10
11

Implementing agency

Statement of objectives

12

Definitions

13

Employment promotion

14
15

Bureau of employment services

Private recruitment

16
17

Overseas Employment Development Board

Ban on direct-hiring

18
19
20

Office of Emigrant Affairs

National Seamen Board

Foreign service role and participation

21
Mandatory remittance of foreign exchange
earnings
22
23
24

Composition of the Boards

Boards to issue rules and collect fees

Private sector participation in the recruitment

and placement of workers
25

Travel agencies prohibited to recruit

26

Citizenship requirement

27

Capitalization

28

Non-transferability of license or authority

29
30

Registration fees

Bonds

31

Fees to be paid by workers

32

Reports on employment status

33

Prohibited practices

34
35

Suspension and/or cancellation of license or

authority
Regulatory power

36

Visitorial Power

37

Illegal recruitment

38

Penalties
39

Employment permit of non-resident aliens

40

Prohibition against transfer of employment

41

Submission of list

42
43-56

TESDA-related articles

Statement of objectives (Apprenticeship)

57

Definition of Terms

58

Qualifications of apprentice
59
60

Employment of apprentices

Contents of apprenticeship agreements

61

Signing of apprenticeship agreement

62

Venue of apprenticeship programs

63

Sponsoring of apprenticeship program

64

65

66
67

Investigation of violation of apprenticeship

agreement
Appeal to the Secretary of Labor and
Employment
Exhaustion of administrative remedies

Aptitude testing of applicants

68
Responsibility for theoretical instruction.
69

Voluntary organization of apprenticeship

programs; exemptions.

70

Deductibility of training costs

71

Apprentices without compensation

72

Learners defined
73

When learners may be hired

74

Learnership agreement

75
76
77

Learners in piecework or incentive-rate jobs

Penalty clause

Definition of handicapped workers

78

When employable (may be employed)

79

Employment agreement

80
Eligibility of handicapped workers for
apprenticeship
81
82
83
84
85
86

Coverage of Title I (Working conditions and rest

periods)
Normal hours of work
Hours worked
Meal periods
Night shift differential

Overtime work
87
88
89
90
91
92
93
94
95

Undertime not offset by overtime

Emergency overtime work
Computation of additional compensation
Right to weekly rest day
When employer may require work on a rest day
Compensation for rest day, Sunday or holiday
work
Right to holiday pay
Right to service incentive leave

Service charges

96
97
98
99

Definitions
Application of Title
Regional minimum wages

Prohibition against elimination or diminution of

benefits

100

Payment by results

101

Forms of payment
NB: What when where how

102

Time of payment

103

Place of payment

104

Direct payment of wages

105

Contractor or subcontractor

106
Indirect employer
107

Posting of bond
108
Solidary liability
109

Worker preference in case of bankruptcy

110

Attorneys fees

111
Prohibitions on wages

Non-interference in disposal of wages

112

Wage deduction

113

Deposits for loss or damage

114
Limitations
115

Withholding of wages and kickbacks prohibited

116
Deduction to ensure employment
117

Retaliatory measures

118

False reporting

119
120

Creation of National Wages and Productivity

Commission

Powers and functions of the Commission

121

Creation of Regional Tripartite Wages and

Productivity Boards

122

Wage Order

123

Standards/Criteria for minimum wage fixing

WAGE DISTORTION

124

Freedom to bargain
125
Prohibition against injunction
126
127

Non-diminution of benefits

128-129

Facilities for women

130

Maternity leave benefits

131
Family planning services
132

Discrimination prohibited (penal provision, with

criminal liability)

133

Stipulation against marriage

134

Prohibited acts

135

Classification of certain women workers

136

Minimum employable age

137
138

Prohibition against child discrimination

Coverage on Chapter on Employment of

Househelpers
139
140
141
142
143

Contract of domestic service

Minimum wage
Minimum cash wage
Assignment to non-household work

Opportunity for education

144
145
146
147

Treatment of househelpers
Board, lodging, and medical attendance
Indemnity for unjust termination of services

Service of termination notice

148
149
150
151
152

Employment certification
Employment record
Regulation of industrial homeworkers
Regulations of SOLE for IHW

Distribution of homework

153

154

Coverage of Chapter on Employment of Night

Workers

Health assessment for night workers

155

Mandatory facilities
156

Transfer of employees certified to be medically

unfit for night work

157

Women night workers

158
159
160

Compensation for night workers

Social services for night workers

Night work schedules

161

Labor Code of the Philippines

6 months after its promulgation

State shall:
1. afford protection to labor
2. promote full employment
3. ensure equal work opportunities regardless of sex, race or creed
4. regulate the relations between workers and employers
5. assure the rights of workers to self-organization, collective bargaining, security of tenure, and just
and humane conditions of work
Doubts in the implementation and interpretation of the provisions of
Labor Code and its IRR shall be resolved in favor of labor

IRR to be promulgated by DOLE and agencies charged with implementation of LC; IRR to take effect
15 days after announcement of their adoption in newspapers of general circulation.
All rights and benefits granted to workers under LC applies alike to all workers, whether agricultural
or non-agricultural, except those expressly stated otherwise
Emancipation of the tiller of the soil from his bondage
Tenant farmers on private agricultural lands primarily devoted to rice and corn under a system of
share crop or lease tenancy whether classified as landed estate or not shall be deemed owner of a
portion constituting a family-size farm of 5 hectares, if not irrigated and 3 hectares, if irrigated.

2-1/2 times the average harvest of 3 normal crop years immediately preceding the promulgation of
PD No. 27
Total cost of the land, plus 6% interest per annum, shall be paid by the
tenant in 15 years of 15 equal annual amortizations.
Must be a member of a duly recognized farmer's cooperative
Title to land non-transferable except by hereditary succession or to the Government
DAR

a. To promote and maintain a state of full employment through improved manpower training,
allocation and utilization;
b. To protect every citizen desiring to work locally or overseas by securing for him the best possible
terms and conditions of employment;
c. To facilitate a free choice of available employment by persons seeking work in conformity with the
national interest;
d. To facilitate and regulate the movement of workers in conformity with the national interest;
e. To regulate the employment of aliens, including the establishment of a registration and/or work
permit system;
f. To strengthen the network of public employment offices and rationalize the participation of the
private sector in the recruitment and placement of workers, locally and overseas, to serve national
development objectives;
g. To insure careful selection of Filipino workers for overseas employment in order to protect the
good name of the Philippines abroad.

a. "Worker" means any member of the labor force, employed or unemployed.

c. "Private fee-charging employment agency" means any person or entity engaged in recruitment and
placement of workers for a fee which is charged, directly or indirectly, from the workers or
employers or both.
d. "License" means a document issued by the Department of Labor authorizing a person or entity to
operate a private employment agency.
e. "Private recruitment entity" means any person or association engaged in the recruitment and
placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the
workers or employers.
f. "Authority" means a document issued by the Department of Labor authorizing a person or
association to engage in recruitment and placement activities as a private recruitment entity.
g. "Seaman" means any person employed in a vessel engaged in maritime navigation.
h. "Overseas employment" means employment of a worker outside the Philippines.
i. "Emigrant" means any person, worker or otherwise, who emigrates to a foreign country by virtue of
an immigrant visa or resident permit or its equivalent in the country of destination.

SOLE with authority:

a. To organize new employment offices in addition to the existing employment offices under DOLE as
the need arises;
b. To organize a nationwide job clearance and information system to inform applicants registering
with a particular employment office of job opportunities;
c. To organize a program that will facilitate occupational, industrial and geographical mobility of
labor; and
d. To require any person or establishment to submit such employment
information as may be prescribed by SOLE.

T.T
GR: Only public employment offices shall engage in the recruitment and placement of workers
E: as provided in the Code

T.T
o GR: No employer may hire a Filipino worker for overseas employment.
In other words, local direct hiring is allowed.
o XPN:
By members of the diplomatic corps
International organizations
Such other employers as may be allowed by the DOLE Secretary

T.T
T.T

Who: labor attaches, the labor reporting officers duly designated by the Secretary of Labor and the
Philippine diplomatic or consular officials concerned
Powers:
a. To provide employment-related assistance to all Filipino workers within their jurisdiction;
b. To insure that Filipino workers are not exploited or discriminated;
c. To verify and certify as requisite to authentication that the terms and conditions of employment in
contracts involving Filipino workers are in accordance with the Labor Code and rules and regulations;
d. To make continuing studies and recommendations on the various aspects of the employment
market within their jurisdiction;
e. To gather and analyze information on the employment situation and its probable trends, and to
make such information available; and
f. To perform such other duties as may be required of them from time to time.

Who: all Filipino workers abroad

What: remit a portion of their foreign exchange earnings to their families, dependents, and/or
beneficiaries in the country in accordance with SOLE RRs
T.T
Fees to be used by them exclusively to
promote their objectives
Premise: national development objectives and maximization the use of private sector resources
PES shall participate in the recruitment and placement of workers, locally and overseas, under SOLE
RRs
Travel agencies and sales agencies of airline companies are prohibited from engaging in the business
of recruitment and placement of workers for overseas employment whether for profit or not.
o Other disqualified entities as per POEA Rules
Persons with derogatory records such as those convicted for illegal recruitment
Any official directly involved in the implementation of RA 10022, or any of their relatives within
the fourth civil degree.

Who shall be permitted to participate in the recruitment and placement of workers, locally or
overseas?
o Filipino citizens
o Corporations, partnerships, entities with at least 75% of the authorized and voting capital stock
owned and controlled by Filipino citizens.

Requirement of substantial capitalization as may be determined by the DOLE Secretary in order to be

granted an authority to hire or renewal of license to recruit.
o Private employment agency for local employment
Sole proprietor/partnership: 200K net worth
Corporation: 500K paid-up capital
o Private recruitment agency for overseas employment
Sole proprietor/partnership: 2M net worth
Corporation: 2M paid-up capital

o Cannot be used by directly or indirectly by any person other than the one in whose favor it was
issued
o Cannot be used at any place other than the authorized business address as stated in the license or
authority
Under existing regulations, they may be allowed to conduct provincial recruitment/fairs only upon
written authority from the POEA. Such activities are supervised by the DOLE.
The recruitment activities cannot be held on a house-to-house basis, in residences, or in secluded
places.
o Cannot be transferred, conveyed, or assigned to any other person or entity.
Any transfer of business address or designation of representative and establishment of additional
offices shall be subject to the prior approval of DOLE

SOLE to promulgate a schedule of fees for the registration of

all applicants for license or authority
What: Cash or surety bonds
Bonds should be paid by the applicants of license or authority to guarantee compliance with
o prescribed recruitment procedures
o rules and regulations
o terms and conditions of employment

o Applicant shall not be charged ANY FEE until:

He has obtained through the efforts of the private fee-charging employment agency or
He has actually commenced employment.
o Fees shall always be covered with a receipt clearly showing the amount aid.
o DOLE Secretary shall promulgate a schedule of allowable fees.

Whenever the public interest requires, the Secretary of Labor may

direct all persons or entities within the coverage of this Title to submit a report on the status of
employment,
including job vacancies, details of job requisitions, separation from jobs, wages, other terms and
conditions
and other employment data.
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, 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 this Code.
d. To induce or attempt to induce a worker already employed to quit his employment in order to
offer him to another unless the transfer is designed to liberate the worker from oppressive terms and
conditions of employment;
e. To influence or to attempt to influence any person or entity not to employ any worker who has not
applied for employment through his agency;
f. To engage in the recruitment or placement of workers in jobs harmful to public health or morality
or to the dignity of the Republic of the Philippines;

Who may suspend or cancel: SOLE

Basis: violation of rules and regulations as well as laws and Labor Code
SOLE with power to restrict and regulate the recruitment and placement activities of all agencies
within the coverage of this Title and to and promulgate rules and regulations
Who: SOLE or his duly authorized representatives
When: At any time
What: Inspect the premises, books of accounts and records of any person or entity covered by this
Title, require it to submit reports regularly on prescribed forms, and act on violation of any
provisions of this Title

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

Penalties for economic sabotage, acts committed by licensee/holder of authority, acts committed by
non-holder of authority or non-licensee, persons liable in case the accused is a corporation (officers
responsible), other effects: automatic revocation of license, if any, and forfeiture of bonds

Who shall apply for AEP:

o Alien seeking admission to the Philippines for employment purposes and
o Any domestic or foreign employer who desires to engage an alien for employment in the Philippines
Only NRAs are required to secure employment permits (Alien Employment Permit).
Requisites: Determination of non-availability of a person in the Philippines who is competent, willing,
and able at the time of the application to perform the services for which the alien is desired.
Enterprise registered in preferred areas of investments: AEP issued upon recommendation of govt
agency charged with supervision of said registered enterprise.

After issuance of AEP, the alien shall not change his job or employer without prior approval of SOLE
Any NRA who shall take up employment in violation of the provision of LC and IRR shall be punished in
accordance with the provisions of Articles 289 and 290 of the Labor Code

By who: Any employer employing non-resident foreign nationals on the effective date of this Code
To whom: SOLE
When: within 30 days after such date
What to place: names, citizenship, foreign and local addresses, nature of employment and status of
stay in the country
Then what: SOLE to determine if they are entitled to an employment permit

1. To help meet the demand of the economy for trained manpower;

2. To establish a national apprenticeship program through the participation of employers, workers
and government and non-government agencies; and
3. To establish apprenticeship standards for the protection of apprentices.

"Apprenticeship" - practical training on the job supplemented by related theoretical instruction.

"Apprentice" - worker who is covered by a written apprenticeship agreement with an individual
employer or recognized entity
"Apprenticeable occupation" - any trade or occupation which requires more than 3 months of
practical training on the job supplemented by related theoretical instruction.
"Apprenticeship agreement" - employment contract wherein EER binds himself to train the apprentice
and the apprentice in turn accepts the terms of training.

a. Be at least fourteen (14) years of age;

b. Possess vocational aptitude and capacity for appropriate tests; and
c. Possess the ability to comprehend and follow oral and written instructions.
Only employers in the highly technical industries may employ apprentices and only in SOLEapproved apprenticeable occupations
Conform to the rules issued by SOLE
Period of apprenticeship: MAXIMUM of six months.
Agreements providing for wage rates below minimum wage may be entered into only in accordance
w/ apprenticeship programs duly-approved by SOLE.
DOLE to develop standard model programs of apprenticeship

Signed by the EER or his agent, or by an authorized representative of any of the recognized
organizations, associations or groups and by the APPRENTICE
If minor: parent or guardian, or if none, DOLE representative (valid during his lifetime)
Ratified by the appropriate apprenticeship committees, if any, and a copy is furnished to EER and the
apprentice.

Apprenticeship schemes as the training venue for apprentice:

a. Apprenticeship conducted entirely by and within the sponsoring entity.
b. Apprenticeship entirely within a DOLE training center or other public
training institution; or
c. Initial training in trade fundamentals in a training center or other institution with subsequent
actual work participation within the sponsoring firm or entity during the final stage of training.

Possible sponsors:
Single employer or firm OR by a group or association thereof OR by a civic
organization.
Actual training of apprentices may be undertaken:
a. In the premises of the sponsoring employer in the case of individual apprenticeship programs;
b. In the premises of one or several designated firms in the case of programs sponsored by a group or
association of employers or by a civic organization;
c. In a DOLE training center or other public training institution.

Upon complaint of any interested person or upon its own initiative

Appropriate agency of DOLE
Subject to rules and regulations by SOLE
Decision of appropriate agency of DOLE appealable to SOLE
Within 5 days from receipt of the decision
SOLE decision final and executory
Prior to any action for the enforcement of any apprenticeship agreement or damages for breach of
any such agreement
Entities with duly recognized apprenticeship programs shall have primary responsibility for providing
appropriate aptitude tests in the selection of apprentices.
Has no adequate facilities for the purpose? DOLE shall perform the service
free of charge.

In cases where the program is undertaken in the plant: may be done by the employer
If not prepare: delegated to an appropriate government agency
GR: Organization of apprenticeship program primarily voluntary
E:
1. When national security or particular requirements of economic development so demand, Duterte
may require compulsory training of apprentices in certain trades where shortage of trained
manpower is deemed critical as determined by SOLE
2. Where services of foreign technicians are utilized by private companies in apprenticeable trades

Income tax deduction EQUIVALENT TO 1/2 of the value of labor training expenses incurred for
developing the productivity and efficiency of apprentices
Requisites:
1. Apprentice program is duly recognized by DOLE
2. Deduction shall not exceed 10% percent of direct labor wage
3. The person or enterprise should pay his apprentices the minimum wage

Upon authority from SOLE

Instances: For those whose OJT is:
- required by the school or training program curriculum
- required for graduation or board examination
Persons hired as trainees in semi-skilled and other industrial occupations
which are non-apprenticeable and
which may be learned through practical training on the job
in a relatively short period of time which shall not exceed 3 months
1. When no experienced workers are available
2. When the employment of learners is necessary to prevent curtailment of employment
opportunities and
3. When the employment does not create unfair competition in terms of labor costs or impair or
lower working standards.
Contents:
a. Names and addresses of the learners;
b. Duration of the learnership period, which shall not exceed 3 months;
c. Wages of learners MINIMUM 75% of the applicable minimum wage; and
d. A commitment to employ the learners if they so desire, as REGULAR EMPLOYEES upon completion
of the learnership.
All learners who have been allowed or suffered to work during the first 2 months shall be deemed
REGULAR EMPLOYEES if training is terminated by EER before the end of the stipulated period,
through no fault of the learners.
subject to inspection by the SOLE

Shall be paid in full for the work done

Violation -- subject of general penalty clause

Those whose earning capacity is impaired by age or physical or

mental deficiency or injury.

1. when their employment is necessary to prevent curtailment of employment opportunities and

2. when it does not create unfair competition in labor costs or impair or lower working standards.

Agreement, which is subjecto to SOLE inspection, shall include:

1. The NAMES and addresses of the handicapped workers to be employed;
2. The RATE to be paid the handicapped workers which shall be MINIMUM 75% of the applicable legal
minimum wage;
3. The DURATION of employment period; and
4. The WORK to be performed by handicapped workers.

Eligible if their handicap is not such as to effectively impede the performance of job operations in
the particular occupations for which they are hired; still subject to requirements under
Apprenticeship Chapter

not less than 10% of his regular wage for each hour of work performed between 10 PM to six AM

Beyond 8 hours; RATE on the first 8 hours PLUS not less than 25% of his regular wage (hourly rate) on
an ordinary working day; PLUS not less than 30% of his regular wage (hourly rate) on a holiday or rest
day
Compare with 92

Compare with 89

hotels and restaurants and establishments collecting SCs only

85% - covered EEEs (TBD by EER, except for managers), equally distributed among them
15% - management (IRR: losses and breakages and for distribution to managers, at the discretion of
the management in the latter case)
in case abolished, share of COVERED EEEs considered integrated in their workers.

For agricultural and non-agricultural employees and workers

Prescribed by the Regional Tripartite Wages and Productivity Boards.

Nothing in LC shall be construed to diminish or eliminate supplements and benefits being enjoyed at
the time of the LC promulgation (May 1, 1974)

SOLE to regulate payment of wages by results, including pakyao, piecework, and other non-time
work; Fair and reasonable wage rates, preferably through time and motion studies or in consultation
with representatives of workers and employers organizations.
IRR: On petition of interested party or on its own initiative, SOLE to use all available devices to
determine WON employees in any industry are being compensated adequately
IRR 2: Where output rates established by employer do not conform with the standards prescribed in
IRR or those prescribed by the SOLE in a PIECE-RATE ORDER, the EEEs are entitled to the difference
between the amount to which they are entitled to receive under such prescribed standards and that
actually paid them by the employer.

Should be legal tender

PNs, vouchers, coupons, etc are not allowed even when expressly requested by the EEE
By check or money order allowed if:
-customary on the date of effectivity of LC or
-necessary because of special circumstances as specified by SOLE regulations or as stipulated in CBA

At least 1x every 2 weeks or 2x a month at intervals not exceeding 16 days

No employer shall make payment with less frequency than once a month (deleted in IRR).
E: force majeure or circumstances beyond the employers control, pay the wages immediately after
such force majeure or circumstances have ceased
Wages of employees engaged to perform a task which cannot be completed in 2 weeks subject to the
following conditions, in the absence of a CBA or arbitration award:
1. That payments are made at intervals not more than 16 days, in proportion to the amount of work
completed;
2. That final settlement is made upon completion of the work.

At or near the place of undertaking

E: IRR by SOLE to ensure greater protection of wages

GR: directly to the workers to whom they are due

Exceptions:
1. Force majeure rendering such payment impossible or under other special circumstances to be
determined by SOLE: through another person under written authority given by the worker for the
purpose
2. Worker has died: Heirs of the worker without the necessity of intestate proceedings.
Claimants who are all of age shall execute an affidavit attesting to their relationship to the deceased
and the fact that they are his heirs. If any of the heirs is a minor, the affidavit shall be executed on
his behalf by his natural guardian or next-of-kin. Affidavit presented to the EER who shall make
payment through SOLE, absolved from liability thereafter. SOLEs representative to act as referee in
dividing the amount paid among the heirs.

When employer enters into a contract with another person for the performance of the formers work
- employees of the contractor and of the latters subcontractor are paid in accordance w/ LC
When contractor or subcontractor fails to pay the wages of his employees: EER jointly and severally
liable with his contractor or subcontractor to such employees to the extent of the work performed
under the contract, in the same manner and extent that he is liable to employees directly employed
by him.
SOLE may restrict or prohibit the contracting-out of labor. In so prohibiting or restricting, may make
appropriate distinctions between LOC and job contracting as well as differentiations within these
types of contracting and determine who among the parties involved shall be considered the employer
Labor only contracting - where the person supplying workers to an employer does not have
substantial capital or investment in the form of tools, equipment, machineries, work premises,
among others, and the workers recruited and placed by such person are performing activities which
are directly related to the principal business of such employer. In such cases, the person or
intermediary shall be considered merely as an agent of the employer who shall be responsible to the
workers in the same manner and extent as if the latter were directly employed by him.

Art. 106 applies to any person, partnership, association or corporation which, not being an employer,
contracts with an independent contractor for the performance of any work, task, job or project.

Direct or indirect EER may require contractor or subcontractor to furnish BOND equal to the COST OF
LABOR under contract. Answer for the wages
due the employees, should contractor or subcontractor fail to pay the same.

Existing laws to the contrary notwithstanding, direct or

indirect EER responsible with his contractor or subcontractor for any violation of any provision of LC.
Considered as direct employers.
Scenario: bankruptcy or liquidation of employer's business
1. Workers enjoy first preference as regards their wages and other monetary claims, any provisions of
law to the contrary notwithstanding.
2. Unpaid wages and monetary claims shall be paid in full before claims of the government and other
creditors may be paid.

a. Unlawful withholding of wages --> culpable party may be assessed attorneys fees equivalent to
10% of the amount of wages recovered.
b. Unlawful for any person to demand or accept, in any judicial or administrative proceedings for the
recovery of wages, attorneys fees which exceed 10% of the amount of wages recovered.

EER shall NOT limit or otherwise interfere with the freedom of employee to dispose of his wages.
EER shall not in force, compel, or oblige his EEEs to purchase merchandise, commodities, or
properties from any other person, or to make use of any store or services of such EER or any other
person.

GR: Employer is not allowed to make any deductions from the wages
o Exceptions
In cases where the employee is insured with his consent by the employer, deductions for the
amount paid by said employers, as premiums on the insurance
In cases where the right of the employees or his union to check-off has been recognized by the
employer or authorized in writing by the individual employee concerned
In cases where the EER is authorized by law or regulations issued by the SOLE

GR: EER shall not require his worker to make deposits from which to deduct reimbursement of loss of
or damage to tools and materials supplied by EER
Exceptions:
1. When EER is engaged in such trade where practice of making deductions or requiring deposits is
recognized, or
2. Where the practice is necessary or desirable as determined by the SOLE in appropriate rules and
regulations.

When may deduction from the deposits of an employee for the actual amount of the loss or damage
be made: EEE has been heard thereon and his responsibility has been clearly shown.

Prohibited under the Labor Code

- Withholding any amount from the wages or inducing him to give up any part of his wages
- Whether done directly or indirectly
- Committed through force, stealth, intimidation, threat or by any other means whatsoever without
the workers consent

Unlawful to make any deduction from an EEE's wages for the benefit of the EER or his representative
as consideration for a promise of employment or retention in employment.

Unlawful to refuse to pay OR reduce the wages and benefits OR discharge OR discriminate against any
employee who:
1. has filed any complaint or instituted any proceeding under this Title (WAGES) or
2. has testified or is about to testify in such proceedings.

Unlawful for any person to make any statement, report, or record filed or
kept pursuant LC KNOWING such statement, report or record to be false in any material respect

Attached agency to the DOLE for for policy and program coordination

a. To act as the national consultative and advisory body to the President of the Philippines and
Congress on matters relating to wages, incomes and productivity;
b. To formulate policies and guidelines on wages, incomes and productivity improvement at the
enterprise, industry and national levels;
c. To prescribe rules and guidelines for the determination of appropriate minimum wage and
productivity measures at the regional, provincial, or industry levels;
d. To review regional wage levels set by the RTWPB to determine if these are in accordance with
prescribed guidelines and national development plans;
e. To undertake studies, researches and surveys necessary for the attainment of its functions and
objectives, and to collect and compile data and periodically disseminate information on wages and
productivity and other related information, including, but not limited to, employment, cost-of-living,
labor costs, investments and returns;
f. To review plans and programs of the RTWPB to determine whether these are consistent with
national development plans;
g. To exercise technical and administrative supervision over the RTWP;
h. To call a national tripartite conference of representatives of government, workers and employers
for the consideration of measures to promote wage rationalization and productivity; and
i. To exercise such powers and functions as may be necessary to implement this Act.

a. To develop plans, programs and projects relative to wages, incomes and productivity improvement
for their respective regions;
b. To determine and fix minimum wage rates applicable in their regions, provinces or industries
therein and to issue the corresponding wage orders, subject to guidelines issued by the
Commission;
c. To undertake studies, researches, and surveys necessary for the attainment of their functions,
objectives and programs, and to collect and compile data on wages, incomes, productivity and other
related information and periodically disseminate the same;
d. To coordinate with the other Regional Boards as may be necessary to attain the policy and
intention of this Code;
e. To receive, process and act on applications for exemption from prescribed wage rates as may
be provided by law or any Wage Order (SUBJECT TO COMMISSION"S REVIEW AND APPROVAL); and
f. To exercise such other powers and functions as may be necessary to carry out their mandate under
this Code.

Trigger for RTWPB to investigate propriety of issuing WO: when conditions in the region so warrant
Wage Fixing Procedure
1. Public hearings
2. Notices to EEE and EER groups, LGU officials, and other interested parties
3. Issuance of WO within 30 days from the last hearing
Publication in at least 1 newspaper of general circulation in the region (15 days after, WO already
effective)
Who may appeal: Any person aggrieved by the WO
Period to appeal: calendar days from the publication of such order
Where to appeal: NWPC, which shall decide within 60 calendar days from the filing thereof
GR: Filing of the appeal does not stay the WO
E: File with the Commission an undertaking with a surety satisfactory to the Commission for the
payment to the employees affected by the WO of the corresponding increase, in the event such order
is affirmed.

WHAT: regional minimum wages

TO BE ESTABLISHED BY WHO: the Regional Board
GENERAL STANDARD: 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.
Factors to consider:
a. The demand for living wages;
b. Wage adjustment vis--vis 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.

No WAGE ORDER shall be construed to prevent workers in particular industries from bargaining for
higher wages with their respective employers
No preliminary or permanent injunction or TRO may be issued by any court or tribunal against any
proceedings before the Commission or the Regional Boards.
No WAGE ORDER shall provide for wage rates lower than the statutory minimum wage rates
prescribed by Congress

Purpose: safety and health of women

To be determined in RRs by SOLE:
Seats, provided they can perform their duties in this position w/o detriment to efficiency; Separate
CR and dressing rooms; Nursery in the workplace; Appropriate min age for retirement

ML extended W/O pay on account of illness medically certified to arise

out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work,
unless she has earned unused leave credits from which such extended leave may be charged.
DOLE to develop incentive schemes to encourage FP among female workers; Establishhments required
to maintain a clinic shall provide free FP services to employees
Unlawful for any employer to discriminate against any woman employee with respect to terms and
conditions of employment solely on account of her sex.
Acts of discrimination:
a. Payment of a lesser compensation to a female employees as against a male employee, for work of
equal value; and
b. Favoring a male employee over a female employee with respect to promotion, training
opportunities, study and scholarship grants solely on account of their sexes.

Unlawful for an employer

1. to require as a condition of employment or continuation of employment that a woman employee
shall not get married, or
2. to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed
resigned or separated, or
3. to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by
reason of her marriage.

Unlawful for any employer:

1. To deny any woman employee the benefits provided for in this Chapter or to discharge any woman
employed by him for the purpose of preventing her from enjoying any of the benefits provided under
this Code.
2. To discharge such woman on account of her pregnancy, or while on leave or in confinement due to
her pregnancy;
3. To discharge or refuse the admission of such woman upon returning to her work for fear that she
may again be pregnant.

Woman who is permitted or suffered to work, with or without compensation, in any night club,
cocktail lounge, massage clinic, bar or similar establishments under the effective control or
supervision of the employer for a substantial period of time as determined by the Secretary of Labor
and Employment = employee of such establishment

GR: No child below 15 y/o shall be employed

E: Child works directly under the sole responsibility of his parents or guardian AND his employment
does not in anyway interfere with his schooling
15 - 18 y/o - allowed but number of work hours and periods of day TBD by SOLE
18 y/o and below - employment in a hazardous or deleterious undertaking (TBD by SOLE) not allowed

No discrimination in respect to terms and conditions of employment on account of age

Covers all persons rendering services in household for compensation (includes drivers)
"Domestic or household service" - service in the employers home which is usually necessary or
desirable for its maintenance and enjoyment; includes ministering to the personal comfort and
convenience of the household members

Original contract - not more than 2 years

May be renewed for such periods as may be agreed upon by the parties
REPEALED, check Kasambahay Law
Minimum wage refers to basic cash wage. Food, lodging, medical are over and above
Assignment allowed to commercial, industrial, agricultural work BUT wage should not be lower than
that of agri or non-agri workers

Below 18 - opportunity for at least elem education

Education cost shall be part of HWs compensation, unless there is a contrary stipulation
Just and humane manner; Physical violence not should never be used
Suitable and sanitary living quarters and adequate food and medical attendance, all free of charge
Termination: upon expiration of contract or before that provided there is just cause
If duration of the household service is not determined either in
stipulation or by the nature of the service - 5 day notice either by EEE or EER
Upon severance - written statement as to nature and duration of service, efficiency, and conduct
EER MAY keep records reflecting the actual terms and conditions of employment; EEE shall
authenticate
or signature)
such
records
request
Regulation to (thumbmark
ensure the general
welfare
of the
IHWsupn
andEER's
FPs and
the industries employing them
Purpose: to assure minimum terms and conditions of employment to IHWs or FP
WHO IS THEIR EMPLOYER:
Any person, natural or artificial, who for his own benefit or on behalf of NRA or NRFC:
1. Delivers, or causes to be delivered, any goods, articles or materials to be processed or fabricated
in or about a home and thereafter to be returned or to be disposed of or distributed in accordance
with his directions; or
2. Sells any goods, articles or materials to be processed or fabricated in or about a home and then
rebuys them after such processing or fabrication, either by himself or through some other person.

Who are night workers and exceptions

Night work period to be detailed by the SOLE (at least 7 consecutive hours, ten pm to six am)
When may night worker exercise the right to undergo a health assessment (before, during, when with
medical problems related to performance of night work)
Prohibition to transmit health findings to others without the worker's consent and to their detriment
except when the finding is UNFIT FOR NIGHT WORK
First aid facilities and arrangement for transport to hospital
Safe working conditions
Adequate facilities for sleeping and resting - IRR
Transport (work to nearest point of residence) - IRR

I. MEDICALLY UNFIT
1. Transfer to a similar job for which they are fit to work
2. If transfer not practicable, grant similar benefits as other workers who are unable to work
II. TEMPORARILY UNFIT
1. Given the same protection against dismissal as other workers who are prevented from working for
health reasons

Periods when alternative measures to night work shall be made available to women workers -->
transfer, social security benefits, extension of maternity leave
1. Before and after childbirth (sixteen weeks)
2. For add'l periods necessary for the health of the mother OR the child, provided a med cert is
presented during the pregnancy or period to be defined in IRR
During said periods:
1. WNW may not be dismissed or given a notice of dismissal except for just and authorized causes,
cannot use grounds connected to pregnancy or child care responsibilities or childbirth
2. WNW shall not lose her benefits regarding her seniority, status, etc.
Pregnant women and nursing mothers
- not allowed to work at night unless with med cert (FIT FOR NIGHT WORK) from physician other than
company physician
- For preggies, state the period of the pregnancy that they can safely work

Recognize the exceptional nature of night work

For night workers and workers performing night work
Before introducing NW schedules:
1. EEE consults with workers' representatives (details of schedules, forms of organization of night
work best adapted to the type of establishment, occupational health measures and social services
required)
In establishments employing night workers:
1. Regular consultations

Labor standards versus labor relations

Social justice
Set of substantive and procedural rules that prescribe the principal rights and responsibilities
of EER, EER, and government

Basic rights of workers -- OrCoPeaSeHuWaP

Management prerogative
1. right to hire or fire
2. right to ROI
3. right to prescribe rules
Grant of rule-making power

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

o
o
o
o
o
o
o
o

Private recruitment agency

Private employment agency
Public employment agency
Manning agencies
POEA
Construction contractors as authorized by the DOLE and the CIA
Members of the diplomatic corps, but must be coursed through the POEA
Other entities as may be authorized by the DOLE Secretary

Name hires those individual workers who are able to secure contracts for overseas
employment on their own efforts and representation and without the assistance or
participation of any agency. But note, their hiring has to be processed through the POEA.
Name hires should register with the POEA by submitting the ff. documents:
o Employment contract
o Valid passport
o Employment visa or work permit
o Certificate of medical fitness
o Certificate of attendance to the required employment briefing

50 to 80% of the basic salary, depending on the workers kind of job.

o Note: only for employment-related claims and for violations of labor laws. It cannot be
used to satisfy a claim of a travel agency against a recruitment agency such as payment for
airline tickets used by the agents recruits. This does not arise from violation of labor laws or
the conditions for the grant of the license.

o Fees chargeable to principals (POEA Rules); exclusive list

Visa fee, airfare, POEA processing fee, and OWWA membership fee, unless otherwise
provided.
o Fees chargeable to hired workers (POEA Rules); exclusive list
Placement fee in an amount equivalent to one month salary, exclusive of documentation
costs, except where the laws in the receiving country does not allow the collection of such
fees.

g. To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly

authorized representatives;
h. To fail to file reports on the status of employment, placement vacancies, remittance of
foreign exchange earnings, separation from jobs, departures and such other matters or
information as may be required by the Secretary of Labor.
i. To substitute or alter employment contracts approved and verified by the Department of
Labor from the time of actual signing thereof by the parties up to and including the periods
of expiration of the same without the approval of the Secretary of Labor;
j. To become an officer or member of the Board of any corporation engaged in travel agency
or to be engaged directly or indirectly in the management of a travel agency; and
k. To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations other than those authorized under this Code and its
implementing rules
and regulations.

Foreign nationals exempt from securing an employment permit:

o Foreign nationals who come to the Philippines to Teach, present, and/or conduct research
studies in universities and colleges under formal agreements
o All members of the Diplomatic service and foreign government officials accredited by and
with reciprocity arrangement with the Philippine Government
o Owners and representatives of foreign Principals whose companies are accredited with
POEA, who come to the country for a limited period solely for interviewing Filipino
applicants for employment abroad
o Resident foreign nationals
o Officers and staff of International organizations of which the Philippines is a member, and
their legitimate spouses
o Foreign nationals elected as Members of the Governing Board who do not occupy any other
position, but have only voting rights
o All foreign nationals granted Exemption by law

Check MT notes for learnership and apprenticeship.

SIMILAR WITH HANDICAPPED

Magna Carta for Disabled Persons

PWDs may become regular employees; no discrimination, ensure equal opportunities
Discrimination on employment (Check RA 7277 and p.144-145 of Azucena)

Equal Opportunity for Employment

- No disabled person shall be denied access to opportunities for suitable employment. A
qualified disabled employee should be subject to the same terms and conditions of
employment and the same compensatioon, privileges, benefits, and incentives as a qualified
able-bodied person.
Qualified disabled employee
- PWD who, with or without reasonable accommodation, can perform essential functions of
the employment position that such individual holds or desires.
Sheltered employment
- provision of productive work for PWDs through workshops providing special facilities,
income-producing projects, or homework schemes with a view of giving them the opportunity
to earn a living, thus enabling them to acquire a working capacity required in open industry.

Check book because WOAH 82 to 96

regular holiday = 200%

scheduled rest day or special day = 130%
R + S = 2 x 1.3

IRR: basis of amt to be integrated - average monthly share of each EEE for the past 12
months immediately preceeding the abolition of such charges
Distributed not less than once every two weeks or twice a month at intervals not exceeding
16 days

Elements of non-diminution of benefits (4)

Founded on the Constitutional mandate to afford full protection to labor
Device against compliance by substitution
Liberal application (basis: mutuality of contracts, not Art. 100 of LC)
Exceptions CNW BRC P:
1. correction of error - no vested right
2. negotiated benefits - bilateral agreement
3. wage order compliance - not company practice (isolated event) so no right vested
4. benefits on reimbursement basis (as needed so no company practice)
5. reclassification of position (change of benefits as a matter of law; attached to the
position)
6. contingent benefits or conditional bonus (no vested right; acts of generosity)
7. productivity incentives - benefit claimable only when pcertain productivity levels are
achieved; same with conditional bonus
The law does not consider as valid any agreement whereby a
worker agrees to receive less compensation than what he is entitled to recover, meaning for
services he has already rendered (against public policy, unjust enrichment on the part of the
EER).

Basis - quantity or quality of work or the kind of work they turn out
2 groups:
time and performance supervised (usu. Piece-rate) OR
time and performance unsupervised (usu. Takay or pakyaw or in bulk)
Payment by result - manner of compensation, does not define the relation
IRR: Computation of output-to-pay ratio:
- performance of an ORDINARY WORKER OF MINIMUM SKILL OR ABILITY (average worker of the
lowest producing group representing 50% of the total number of employees engaged in
similar employment in a particular establishment, excluding learners, apprentices, and
handicapped workers employed therein)
Categories of piece rate workers:
1. Those who are paid piece rates which are prescribed in Piece Rate Orders issued by the
DOLE (serves as the QUOTA)
- number of pcs produces x rate as per order
- not covered by the Rule on Hours of Work (no premium pay and OT pay)
2. Those who are paid output rates which are prescribed by the employee and are not yet
approved by the DOLE
- number of pcs produces x rate as determined by employer
- if amount is less than legal rate, apply IRR2

EER has burden of proof of payment

EER required to keep payroll; EEE should sign the payroll

IRR: Other than the workplace only under the following circumstances:
1. When payment cannot be effected at or near the place of work by reason of the
deterioration of peace and order conditions, or by reason of actual or impending
emergencies caused by fire, flood, epidemic, or other calamity rendering payment thereat
impossible
2. When EER provides free transportation to the EEEs back and forth
3. Under any other analogous circumstances; time spend by EEEs considered compensable
hours worked
PROHIBITED PLACES: bar, night club, drinking establishment, massage clinic, or other places
where games are played with stakes of money except in the case of persons employed in said
places.
Payment thru ATM - allowed
Payment thru BANKS - upon written permission of the majority of the EEEs concerned, all
private establishments or other entities with 25 or more EEEs and located within 1 km radius
to a commercial, savings, or rural bank.

Check MT notes.

Check MT notes.

Check MT notes.

Check MT notes.

"Declaration" of bankruptcy or "judicial" liquidation must be presented before the worker's

preference may be enforced. To hold 110 applicable to EJ proceeding would be to put the
worer in a better position than the State.
Not a lien, preference of credit (advantage of having their unpaid wages satisfied ahead of
certain claims which may be proved therein). Compared to tax claims which constitutes a
lien on the properties of the insolvent employer.
Follow proper steps in distribution proceedings.

in the extraordinary concept - indemnity for damages

Art. 2208(7) of NCC: payable not to the lawyer but to the client, unless they have agreed
that the award shall pertain to the lawyer as additional compensation or as part thereof.
10% -- maximum
Between lawyer and client, quantum meruit may apply in the absence of a contract
Award of attys fees not limited to cases of wage recovery, can be assessed in recovery of
death benefits. May also be assessed in cases arising from CBA negotiations.

Civil Code provisions on prohibitions regarding wages

o Article 1705 Wages shall be paid in legal currency
o Article 1706 Withholding of wages shall not be made by employer, except for debts due
o Article 1707 Wages shall be a lien on the goods manufactured or the work done
o Article 1708 Wages shall not be subject to execution or attachment, except for debts
incurred for food, shelter, clothing, and medical attendance
o Article 1709 Employer shall not retain any tool or other article belonging to the laborer

o Exceptions provided by law

Deduction for value of meals and other facilities
In cases where the employee is indebted to the employer, where such indebtedness has
become due and demandable
In court awards, wages may be the subject of execution or attachment, but only for debts
incurred for food, shelter, clothing, and medical attendance
Withholding tax
Salary deductions of a member of a legally established cooperative
SSS, Medicare, and Pag-Ibig contributions
Payment to third person-EEE's creditor if deduction is authorized in writing by the EEE;
may or may not be allowed by the EER and EER must not derive pecuniary gain from the
transaction (IRR)
Deduction for unpaid absences (Book)
Reduction of wages due to reduction of work days allowed. Follow no-work no-pay rule. BUT,
resort to reduction of work days must be justified (e.g. severe financial losses). If
unjustified, amounts to constructive dismissal. If not done in good faith and done to retaliate
against employees who unionized, amounts to ULP

Not allowed under the Kasambahay Law

Relate to payment of attorney's fees (Art. 111)

Even if the EEEs agreed, such agreements cannot be given effect for being contrary to public
policy

Includes retaliatory acts carried out by the EER when he asks the EEE to testify and REFUSED
TO DO SO
Compared to Art. 258:
Subject of testimony under Art. 258 is anything under the Code and is considered as ULP and
is therefore strikeable while in Art. 118, subject of the testimony is just WAGES and act is
unlawful but does not amount to ULP (unfair labor practice)

Records EER must keep (PAYROLL which shows the ff)

- length of time to be paid
- rate of pay
- amount due for regular work
- amount due for overtime work
- deductions made from the wages
- amount actually paid

Guidelines issued by RTWPB needs Commission's APPROVAL to be valid; no same requirement

for the wage order issued by the RTWPB

WO rate shall NOT BE lower than that statutory minimum wage

RTWPB to prepare IRR of the WO not later than 10 days from the issuance of the wage order
Review of wage order by the NPWC
- motu proprio or upm appeal
- Grounds:
1. non-conformity with prescribed guidelines and/or procedure
2. questions of law
3. GAD
Frequency of Wage Order
GR: no change for a period of 12 months from its effectivity (no petition for wage increase
shall be entertained within said period)
E: supervening conditions such as extraordinary increase in prices of petroleum and basic
goods and services

Wage distortion shall mean a situation where an increase in prescribed wage rates results in
the elimination or severe contraction of intentional quantitative differences in wage or
salary rates between and among employee groups in an establishment as to effectively
obliterate the distinctions embodied in such wage structure based on skills, length of
service, or other logical bases of differentiation.
A wage order covers only minimum wage earers. The only situation when EEEs receiving a
wage rate higher than that prescribed by the wage order may still benefit from the order is
through the correction of wage distortion.
Salary restructuring is not wage distortion -- should be caused by a wage order!
Neither is there salary distortion if the affected EEEs are employed in the same company but
in different regions. -- comparison of salaries has to be intra-region.
Unio has to prove the distortion by substantial evidence

Exception: BFOQ (bona fide occupational qualifications) - when the job itself necessarily
requires a particular qualification
Elements:
a. employment qualification reasonably related to the essential operation of the job involved
b. factual basis for believing that all or substantially all persons meeting the qualification
would be unable to properly perform the duties of the job
NB: Compelling business necessity to justify selective employment -- BOP on the EER

Non-hazardous work - no exposure to any risk which poses imminent threat to safety and
health
Hazardous workplaces
1. exposure to dangerous environmental elements, radiation, chemicals, flame, etc.
2. construction, logging, mining, stevedoring, deep-sea fishing, mechanized farming
3. handling explosives
4. exposure to power-driven machinery
5. exposure to power-driven tools

Aggregate (not continuous!) daily rest period of 8 hours daily (so 16 hrs of work okay); at
least 24 consecutive hours of rest in a week

Financial capacity of EEE and length of service to be considered

Industrial homework - decentralized system of prodn carried out by homeworker at his home,
with minimal EER supervision
Home -any place of dwelling except those situated within the compound of the EER
Minimum claims above 5K - LA; 5K and below - RD
HW entitled to self organize; SSS-covered, to be paid and remitted by their employers

DO - any employed person whose work

covers the period from ten pm to six am, for at least 7 consecutive hours

Grounds for suspension of AEP (CS)

o Continued stay may cause damage to the industry concerned or to the country
o Employment is Suspended by the employer or by court order
- Grounds for cancellation of AEP (NoMiS-MeDeT)
o Non-compliance with the requirements
o Misrepresentation in the application
o Submission of falsified or tampered documents
o Meritorious objection or information as determined by the Regional Director
o Derogatory record
o Terminated employment

Reasonable accommodation - improvement of facilities AND adjustments with work

schedules, examinations, company policies

BENEFITS PAYABLE TO PIECE RATE WORKERS

a. Meal and rest periods
b. Statutory minimum daily rate
c. Yearly SIL of 5 days with pay
d. NSD pay
-Rules on NSD do not apply to those whose time and performance are unsupervised,
but PRWs are supervised so they are entitled
e. Holiday pay
-Expressly entitled to holiday pay which shall not be less than his average daily
earnings for the last 7 actual working days immediately preceeding the regular
holiday
f. Premium pay and overtime pay
-Conditional; If EER compliant to output rates issued by DOLE or prescribed in the
Code, EER not required to pay OTP, PP, and IRR2
g. 13th month pay
-Law exempts from benefits those who are paid a fixed amount for performing
specific work, except those paid on piece-rate basis
-should have rendered at least one month work or service during the calendar year
h. Other benefits granted by law, by individual or collective agreement, or company
policy or practice.

Penalties under Labor Code and RPC

o Labor Code - General penalty under Article 288 (Fine of P1,000 to P10,000 or
imprisonment of 3 months to 3 years, or both)
o RPC - Arresto mayor or fine or both (compel or knowingly permit any EEE to be
compelled to purchase commodities of any kind)

Summation of principles in WAGE DISTORTION

1. assumes existing EEE classification which reflect differing wage rates
2. distortion resulted from wage order (or even mergers(?))
3. no legal requirement to restore the gap in precisely the same amount
(reestablishing substantial gap enough)
4. may be done thru grievance procedure or collective bargaining negotiations

Check DISTORTION ADJUSTMENT FORMULA

Wage order or law --> distortions of wage structure WITHIN the establishment
1. EER and UNION to NEGOTIATE to correct the distortions.
--In case of dispute, grievance procdeure under the CBA
-- If still unresolved, voluntary arbitration which is to be decided within 10 days,
unless otherwise agreed by the parties
2. EER and WORKERS to NEGOTIATE to correct distortions.
--If there is no CBA or or recognized labor unions.
--In case of dispute, National Conciliation and Mediation Board
--If it still unresolved 10 days of conciliation, referred to NLRC for compulsory
arbitration, which shall conduct continuous hearings and decide within 20 calendar
days from the time the dispute is submitted for arbitration
Note: Pendency of dispute arising from wage distotion shall NOT delay applicability
of any increase prescribed in wage rates.
Wage distortion non-strikeable

Other par. give way to maternity leave under SSS Law

Other leaves for women: Battered woman leave and 2 mos special leave or surgical
leave under Magna Carta for women

Anti-Sexual Harrassment Act (AIM-WET)

Victim: man or woman
Persons liable: EER/EEE/MGR/Agent of EER who having Authority, Influence, or Moral
ascendancy over another in a Work, Educational, or Training environment demands,
requests, or otherwise requires any sexual favor from another. accepted or
unaccepted immaterial

E1 under RA 9231:
1. under sole resposibility of parents/guardian
2. only members of his family are employed
3. Not endanger his life, safety, health, and morals nor impair his devt
4. P/G provides prescribed elem or HS education
E2 under RA 9231:
1. child's participation in public entertainment is essential
2. contract signed by parents with child's express consent
3. DOLE permit

RA 10151 - if unable to render night work for at least six mos upon the certification
of a competent public health authority, follow rules on I and LAST RESORT:
termination based on authorized cause; less than six mos, follow rule on II

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Name of Decree
Date of effectivity
Declaration of basic policy
Construction in favor of labor
Rules and regulations
Applicability
Statement of objectives
Transfer of lands to tenant-workers
Determination of land value
Conditions of ownership
Implementing agency
Statement of objectives
Definitions
Employment promotion
Bureau of employment services
Private recruitment
Overseas Employment Development Board
Ban on direct-hiring
Office of Emigrant Affairs
National Seamen Board
Foreign service role and participation
Mandatory remittance of foreign exchange earnings
Composition of the Boards
Boards to issue rules and collect fees
Private sector participation in the recruitment and placement of workers
Travel agencies prohibited to recruit
Citizenship requirement
Capitalization
Non-transferability of license or authority
Registration fees
Bonds
Fees to be paid by workers
Reports on employment status
Prohibited practices
Suspension and/or cancellation of license or authority
Regulatory power
Visitorial Power
Illegal recruitment
Penalties
Employment permit of non-resident aliens

Prohibition against transfer of employment

Submission of list
TESDA-related articles
Statement of objectives (Apprenticeship)
Definition of Terms
Qualifications of apprentice
Employment of apprentices
Contents of apprenticeship agreements
Signing of apprenticeship agreement
Venue of apprenticeship programs
Sponsoring of apprenticeship program
Investigation of violation of apprenticeship agreement
Appeal to the Secretary of Labor and Employment
Exhaustion of administrative remedies
Aptitude testing of applicants
Responsibility for theoretical instruction.
Voluntary organization of apprenticeship programs; exemptions.
Deductibility of training costs
Apprentices without compensation
Learners defined
When learners may be hired
Learnership agreement
Learners in piecework or incentive-rate jobs
Penalty clause
Definition of handicapped workers
When employable (may be employed)
Employment agreement
Eligibility of handicapped workers for apprenticeship
Coverage of Title I (Working conditions and rest periods)
Normal hours of work
Hours worked
Meal periods
Night shift differential
Overtime work
Undertime not offset by overtime
Emergency overtime work
Computation of additional compensation
Right to weekly rest day
When employer may require work on a rest day
Compensation for rest day, Sunday or holiday work
Right to holiday pay

Right to service incentive leave

Service charges
Definitions
Application of Title
Regional minimum wages
Prohibition against elimination or diminution of benefits
Payment by results
Forms of payment
NB: What when where how
Time of payment
Place of payment
Direct payment of wages
Contractor or subcontractor
Indirect employer
Posting of bond
Solidary liability
Worker preference in case of bankruptcy
Attorneys fees
Non-interference in disposal of wages
Wage deduction
Deposits for loss or damage
Limitations
Withholding of wages and kickbacks prohibited
Deduction to ensure employment
Retaliatory measures
False reporting
Creation of National Wages and Productivity Commission
Powers and functions of the Commission
Creation of Regional Tripartite Wages and Productivity Boards
Wage Order
Standards/Criteria for minimum wage fixing
Freedom to bargain
Prohibition against injunction
Non-diminution of benefits
Facilities for women
Maternity leave benefits
Family planning services
Discrimination prohibited (penal provision, with criminal liability)
Stipulation against marriage
Prohibited acts

Classification of certain women workers

Minimum employable age
Prohibition against child discrimination
Coverage on Chapter on Employment of Househelpers
Contract of domestic service
Minimum wage
Minimum cash wage
Assignment to non-household work
Opportunity for education
Treatment of househelpers
Board, lodging, and medical attendance
Indemnity for unjust termination of services
Service of termination notice
Employment certification
Employment record
Regulation of industrial homeworkers
Regulations of SOLE for IHW
Distribution of homework
Coverage of Chapter on Employment of Night Workers
Health assessment for night workers
Mandatory facilities
Transfer of employees certified to be medically unfit for night work
Women night workers
Compensation for night workers
Social services for night workers
Night work schedules

Legend: yellow highlight

For showtime

Things to do:
Cases
Special laws
Tables

Make notes for 82 to 97 on some other day