CHAPTER VII

ADMINISTRATION AND - Issue Writs of Execution (ART.

ENFORCEMENT
− ART. 128. VISITORIAL AND
ENFORCEMENT POWER
− ART. 129. RECOVERY OF
WAGES, SIMPLE MONEY CLAIMS
AND OTHER BENEFITS
- Under Art. 129, the Regional Director
is empowered through summary
proceeding and after due notice, to
hear and decide cases involving
recovery of wages and other monetary
claims and benefits, including legal
interests.
∗ REQUISITES :
1. The claim is presented by an employee
or person employed in domestic or
household service or househelper;
2. The claim arises from employer-
employee relations;
3. The claimant does not seek
reinstatement; and
4. The aggregate money claim of each
employee or househelper does not
exceed P5, 000.00
128)
→for the enforcement of orders
→except in cases where the
employer contests the findings of
the said labor officers and raises
issues supported by documentary
proofs which were not considered
in the course of inspection.
- Order Work Stoppage/Suspension
of Operations
→ when non-compliance with the
law or implementing rules and
regulations poses grave &
imminent danger to the health and
safety of the workers in the
workplace.
- Conduct Hearings within 24 hours
→ to determine whether an order
for stoppage of work/suspension of
operations shall be lifted or not.
→ employer shall pay the
employees concerned their salaries
in case the violation is attributable
to his fault
- Require employers to keep and
maintain Employment Records
-→ as may be necessary in aid of
his visitorial and enforcement
powers

- Access to employer’s records and

premises
→ the day/night whenever work is ART 128 ART 129
being undertaken therein
→ includes the right to copy 1. Visitorial and 1. Power of the
therefrom, to question any enforcement Regional Director
employee & investigate any fact, power of the or any duly
condition or matter which may be Secretary of authorized
necessary to determine violations Labor /his duly hearing officers
or which may aid in the authorized to hear and
enforcement of the Code and of representatives decide matters
any labor law, wage order, or rules exercised involving the
and regulations through routine recovery of
inspections of wages, upon
- Issue Compliance Orders (ART. establishments complaint of any
128) interested party
→based on the findings of labor
employment and enforcement 2. requires the 2. E-E relationship
officers or industrial safety existence of E- not necessary
engineers made in the course of E since it should
inspection Relationship not include a
 claim for 1. Actual/Impending Emergencies
reinstatement caused by serious accident, flood,
typhoon, epidemic or other
3. No limit as to 3. Aggregate claim disasters or calamity, to prevent
amount of of each loss of life or property, or in cases
claim complainant does of force majeure or imminent
not exceed danger to public safety
P5,000 2. Urgent work to be performed on
machineries, equipment or installation,
4. Appeal is with 4. Appeal with to avoid serious loss
Sec.of Labor ; NLRC; period of 3. Work is necessary to prevent serious
period of appeal is 5 loss of perishable goods
appeal is 10 calendar days 4. Where she holds a responsible position
calendar days of managerial/technical
nature/engaged to provide health and
5. Person 5. The power is welfare service
exercising the vested upon a 5. Nature of the work requires the
power is the regional director manual skill and dexterity of women
Sec. Of Labor or any duly workers & cannot be performed with
or any of his authorized equal efficiency by male workers
duly authorized hearing officer of 6. Where women workers are immediate
representatives the DOLE. family members of the family
who may or operating the establishment or
may not be a undertaking
regional 7. Analogous cases
director
− ART 132. FACILITIES FOR
WOMEN
TITLE III
WORKING CONDITIONS FOR ∗ The Secretary of Labor may require
employers to:
SPECIAL GROUP OF EMPLOYEES 1. Provide seats proper for women and
permit them to use the seats when
CHAPTER I they are free from work or during
EMPLOYMENT OF WOMEN office hours provided the quality of the
work will not be compromised;
− ART 130. NIGHTWORK 2. To establish separate toilet rooms and
PROHIBITION lavatories for men and women and
provide at least a dressing room for
women;
- No woman , regardless of age, shall
3. To establish a nursery in the
be employed or permitted or suffered
establishment;
to work, with or without compensation
4. To determine appropriate minimum
in any :
age and other standards for retirement
or termination in special occupations
1. Industrial undertaking between 10PM-
such as those of flight attendants and
6AM
the like
2. Commercial/Non-Industrial undertaking
between 12 MN-6AM
3. Agricultural undertaking at nighttime
unless, she is given a period of rest of − ART. 133 MATERNITY LEAVE
not less than 9 consecutive hours BENEFITS

− ART 131. EXCEPTIONS ∗ MATERNITY LEAVE UNDER THE SSS

LAW
 A female member, who need not
be legally married, who has paid for at
least three (3) monthly contributions
in the 12-month period immediately
preceding the semester of
her childbirth or miscarriage shall be paid
a daily maternity benefit equivalent to
100% of her average daily salary credit for
60 days or 78 days, in case of caesarian
delivery.
REQUISITES :
1. Employee notified her employer of her
pregnancy of the probable date of her
childbirth
2. Full payment be advanced by the
employer within 30 days from the filing
of the maternity leave application
3. That payment of daily maternity
benefits shall be a bar to the recovery
of sickness benefits
4. That the maternity benefits shall be
paid only for the first four (4) deliveries
or miscarriages
5. That the SSS shall immediately
reimburse the employer of 100% of the
amount of maternity benefits
advanced to the employee by the
employer
6. That if an employee member should
give birth or suffer a miscarriage
without the required contributions
having been remitted for her by her
employer to the SSS, or without the
latter having been previously notified
by the employer of the time of the
pregnancy, the employer shall pay to
the SSS damages equivalent to the
benefits which said employee member
would otherwise have been entitled to.
- ART 133 (b) subsists, i.e., the
maternity leave shall be extended
without pay on account of illness
medically certified to arise out of the
pregnancy, delivery, abortion, or
miscarriage, which renders the woman
unfit for work , unless she has earned
unused leave credits from which such
extended leave may be charged.
∗ LIMIT OF THE BENEFIT: Applies only
for the first four deliveries irrespective of
who is the father of the children, and may
not be availed of in addition to sickness
benefit under the Social Security program.
∗ RA 8187 (PATERNITY LEAVE)
- This law grants paternity leave of
seven day with full pay to all
married male employees in the private
and public sectors.
- It is available only for the first four
deliveries of the legitimate spouse
with whom the husband is cohabiting.
DELIVERY – includes childbirth,
miscarriage, or abortion.
Purpose: to enable the husband to lend
support to his wife during the period of
recovery and/or in the nursing of the
newly born child.
∗ CONDITIONS :
1. he is an employee at he time of the
delivery of his child;
2. he is cohabiting with his spouse at the
time she gives birth or suffers a
miscarriage;
3. he has applied for paternity leave ; and
4. his wife has given birth or suffered a
miscarriage
- Paternity leave, if not availed of, is not
convertible to cash.
WIFE - refers to the lawful wife which
means the woman who is legally married
to the male employee concerned.
- Where the male employee is already
enjoying the paternity leave by reason
of any law, decree, executive orders or
any contract, agreement or policy
between employer and employee and
the existing paternity benefit is
greater, the greater benefit shall
prevail; if lesser, the existing
benefit shall be adjusted to the
extent of the difference.

− ART 135. DISCRIMINATION
PROHIBITED
- It shall be unlawful for any employer to
discriminate against any woman
employee with respect to terms and
conditions of employment solely on
account of her sex.
∗ Acts of Discrimination:
a. Payment of a lesser compensation for
work of equal value.
b. Favoring a male employee over a
female employee solely on the
account of their sexes.
Sexual Harassment in a Work-
Related or Employment
Environment :
1. the sexual favor is made as a
condition in the hiring or in the
employment, re-employment or
continued employment of said
individual or in granting said
individual favorable
compensation, terms, conditions,
promotions, or privileges; or the
refusal to grant the sexual favor
results in limiting, segregating or
classifying the employee which in
anyway would discriminate,
deprive or diminish employment
opportunities or otherwise
adversely affect said employee
2. the above acts would impair the
employee’s rights or privileges
under existing labor laws or
3. The above acts would result in an
intimidating, hostile, or offensive
environment (Sec. 3[a], RA No.
7877)
− ART 136. STIPULATION AGAINST
MARRIAGE
- it shall be unlawful for an employer to
require as a condition for employment or
continuation of employment that a woman
employee shall not get married, or to
stipulate expressly or tacitly that upon
getting married a woman employee shall
be deemed resigned or separated, or to
actually dismiss, discharge, discriminate
or otherwise prejudice a woman employee
merely by reason of her marriage.
− ART 138. CLASSIFICATION OF
CERTAIN WOMEN WORKERS
- Any woman who is permitted to work
or suffered to work, with or without
compensation, in any night club,
cocktail lounge, massage clinic, bar or
similar establishment, under the
effective control or supervision of the
employer for a substantial period of
time as determined by the Secretary of
Labor, shall be considered as an
employee of such establishment for
purposes of labor and social
legislation.
CHAPTER II
EMPLOYMENT OF MINORS
− ART 139. MINIMUM
EMPLOYABLE AGE
- Any person between ages 15 and 18
may be employed in any non
hazardous work.
∗ Exception and condition on the
employment of a child below 15:
1. When the child works directly under
the sole responsibility of his/her parents or
legal guardian who employs members of
his/her family only under the following
conditions:
a. employment does not endanger the
child’s life, safety, health and
morals
b. employment does not impair the
child’s normal development
c. the parent/legal guardian provides
the child with the primary and/or
secondary education prescribed by
DECS
2. Where the child’s employment or
participation in public entertainment or
information through cinema, theater,
radio, or television is essential, provided 5. just and humane treatment
that: 6. indemnity for unjust termination of
services
a. employment does not involve 7. just causes for termination
advertisements or commercials 8. right not to be required to work more
promoting alcoholic beverages, than 10 hours a day
intoxicating drinks, tobacco and 9. for days vacation each month
its by-products or exhibiting 10. to regular wages if employed in
violence; industrial or commercial or agricultural
b. There is a written contract undertaking
approved by the DOLE; and 11. funeral expenses must be paid by
c. The conditions prescribed for the employer if the househelper has no
employment of minors {above relatives with sufficient means in the
stated} are met. place where the head of the family
lives.
NONHAZARDOUS WORK OR 12. at least elementary education
UNDERTAKING – one where the 13. employment certification
employee is not exposed to any risk which
constitutes an imminent danger to his CHAPTER IV
safety and health.
EMPLOYMENT OF
∗ HAZARDOUS WORKPLACES: HOMEWORKERS

1. Where the nature of the work exposes ∗ INDUSTRIAL HOMEWORK - a system

the workers to dangerous of production under which work for an
environmental elements, contaminants employer or contractor is carried out by a
or work conditions; homeworker at his home.
2. Where the workers are engaged in
construction work, logging, fire- ∗ INDUSTRIAL HOMEWORKER - a
fighting, mining, quarrying, blasting, worker who is engaged in industrial
stevedoring, dock work, deep-sea homework
fishing, and mechanized farming;
3. Where the workers are engaged in the BOOK FOUR
manufacture or handling of explosives HEALTH, SAFETY AND SOCIAL
and other pyrotechnic products; WELFARE BENEFITS
4. Where the workers use or are exposed
to heavy or power-driven machinery or
equipment; and
TITLE I
5. Where the workers use or are exposed MEDICAL, DENTAL AND
to power-driven tools, OCCUPATIONAL SAFETY

CHAPTER III CHAPTER I

EMPLOYMENT OF MEDICAL AND DENTAL
HOUSEHELPERS SERVICES
∗ RIGHTS OF HOUSEHELPERS: − ART 156. FIRST-AID TREATMENT

1. minimum cash wage ∗ FIRST-AID TREATMENT – adequate,

2. non-assignment to non- household immediate, and necessary medical and
work dental attention or remedy given in case
3. opportunity for education: if under 18 of injury or illness suffered by a worker
(cause of education part of during employment, irrespective of
compensation) whether or not such injury or illness is
4. board/ lodging, medical attendance work-connected, before a more extensive
medical and/or dental treatment can be
secured. 3. there is a need 3. no need for the
for the employer to
∗ FIRST AIDER – any person trained and employer to controvert
duly certified as qualified to administer controvert the
first aid by the Phil. National Red Cross or claim within 14
by any other organization accredited by days otherwise
the former. he is deemed
to have waived
TITLE II the right
EMPLOYEES’ COMPENSATION
4. payment of 4. payment of
AND STATE INSURANCE FUND
compensation compensation
made by the made by
∗ WORKMEN’S COMPENSATON- A
employer SSS/GSIS through
general and comprehensive term applied
the State
to those laws providing for compensation
Insurance Fund
for loss resulting from the injury,
disablement or death of a workman
through industrial accident, casualty or
disease. − ART 164. DEFINITION OF
TERMS.
∗ COMPENSATION - Money relief
afforded according to the scale ∗ INJURY - Any harmful change in the
established under the statute as human organism from any accident arising
differentiated from compensatory out of and in the course of employment.
damages recoverable in an action at law
for ∗ GROUNDS FOR AN INJURY TO BE
COMPENSABLE
breach of contract or for tort.
1. the employee must have been injured
at the place where the work requires
him to be
2. the employee must have been
performing his official functions
WORKMEN’S EMPLOYEES 3. if the injury is sustained elsewhere, the
COMPENSATION COMPENSATION employee must have been executing
ACT LAW an order for the employer
4. the injury was not due to the
1. There is a 1. no presumption employee’s intoxication, willful
presumption of of compensability intention to injure or kill himself or
compensability another, notorious negligence or
otherwise prohibited under this Title.
2. there is a 2. no presumption
presumption of of aggravation ∗ SICKNESS - Any illness definitely
aggravation accepted as an occupational disease listed
by the Commission or any illness caused
by employment subject to proof that the
risk of contracting the same is increased
by working conditions.
∗ Conditions for an occupational
disease and the resulting
disability or death to be
compensable :
1. The employee’s work must involve the
risk described therein
2. The disease was contracted as a result
of the employee’s exposure to the
described risks;
3. The disease was contracted within a
period of exposure and under such
other factors necessary to contract it;
4. There was no notorious negligence on
the part of the employee
∗ DEATH - Loss of life resulting from
injury or sickness
∗ DISABILITY -Loss or impairment of a
physical or mental function resulting from
injury or sickness.
∗ DIRECT PREMISES RULE – as a
general rule, the accident should have
occurred at the place of work to be
compensable
∗ EXCEPTIONS TO THE
DIRECT PREMISES RULE
1. INGRESS- EGRESS/ PROXIMITY
RULE- when the employer is about to
leave or about to enter the premises
of the employer by way of the
customary or exclusive means of
ingress or egress.
2. GOING TO OR COMING FROM
WORK- when the injury occurred
when the employee is proceeding to or
from his work on the premises of the
employer
→must be a continuing act and
has not diverted therefrom by any
other activity and he has not
departed from his usual route to or
from his workplace and if the
employee is on a special errand, it
must have been official and in
connection with his work.
3. EXTRA-PREMISES RULE – (or the
shuttle bus rule) where the company
provides the means of transportation
in going to or coming from the place of
work is liable to the injury sustained by
the employees while on board said
means of transportation.
4. SPECIAL ERRAND RULE – injury
sustained outside the company
premises is compensable if his being
out is covered by an office order or a
locator slip or a pass for official
business.
5. DUAL PURPOSE DOCTRINE – allows
compensation where a special trip
would have to be made for the
employer if the employee had not
combined the service for the employer
with his own going or coming trip.
6. SPECIAL ENGAGEMENT RULE –
covers field trips, outings, intramurals
and picnics when initiated or
sanctioned by the employer
7. POSITIONAL AND LOCAL RISKS
DOCTRINE – If an employee by reason
of his duties is exposed to a special or
peculiar danger from the elements,
that is, one greater than that to which
other persons in the community are
exposed and an unexpected injury
occurs, the injury is compensable
8. FORCE MAJEURE OR AN ACT OF
GOD- when one in the course of his
employment is reasonably required to
be at a particular place at a particular
time and there meets an accident
although one which any other person
then and there present would have
met irrespective of his employment.
CHAPTER II
COVERAGE AND LIABILITY
− ART 168. COMPULSORY
COVERAGE
- ECL applies to all employers, public or
private, and to all employees, public or
private including casual, emergency,
temporary, or substitute employees.
- Every employee is covered who is not
over 60 years over 60 years of age or
over 60 years of age if he had been
paying contributions prior to the age of
60
− ART 170. EFFECTIVE DATE OF
COVERAGE
- The employer is covered compulsorily
from first day of operation and the
employee from the first day of
employment
− ART 172. LIMITATIONS
LIABILITY
- Simultaneous recovery under the LC
and the SSS can be made as per an
advisory opinion dated May 23,
1989 of Sec. Drilon since PD 1921
has lifted the ban on simultaneous
recovery.
∗ STATE INSURANCE FUND: all covered
employers are required to remit to a
common fund a monthly contribution
equivalent to one percent of the monthly
salary credit of every covered employee.
The employee pays no contribution to the
fund. Any agreement to the contrary is
OF prohibited.

- NO COMPENSATION can be obtained

if the injury, death or disability is a
result of the employee’s:

1. Intoxication;
2. Willful intention to injure or kill himself
or another;
3. Notorious negligence; or
4. Unless otherwise provided by the LC

∗ NOTORIOUS NEGLIGENCE –deliberate

act of the employee to disregard his own
personal safety.

∗ Is death through suicide

compensable ?
As a rule NO. However as held in
NAESS vs. NLRC, the supreme court
ruled that a self inflicted death could be
compensable if :

1. by agreement of the parties

2. The suicide/death is caused by a
work related or compensable
illness or disease.

− ART 173. EXTENT OF LIABILITY

- Simultaneous recovery under the

Labor Code and the Civil Code cannot
be made. The action is selective and
the employee may either choose to
file the claim under either. But
once the election is made, the
claimant cannot opt for the other
remedy.