Labor Standards

Means a worker who is engaged in industrial homework which is a system of production under which work for an employer or contractor is carried out by a homework at his/her home. Materials may or may not be furnished by the employer or contractor. It differs from regular factory production principally in that, it is a decentralized form of production where there is ordinarily very little supervision or regulation of methods of work.

Industrial Homeworker

It is the exertion by human beings of physical or mental efforts, or both, towards the production of goods and services. It also means that sector or group in a society, which derives its livelihood chiefly from rendition of work or services in exchange for compensation under managerial direction.

Labor

Apprenticeship: Precondition for filing action. Learnership: Not required.

Difference between apprenticeship and learnership as to EXHAUSTION OF ADMINISTRATIVE IN CASE OF BREACH OF CONTRACT

It is an additional compensation of not less than 10% of an employee's regular wage for every hour of work done between 10:00 PM and 6:00 AM, whether or not such period is part of the worker's regular shift.

Article 86: Night Shift Differential (NSD)

Offsetting of undertime work by overtime work whether on the same day or any other day is prohibited by law. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying additional compensation.

Article 88: Undertime not Offset by Overtime

Apprenticeship: Highly-skilled or technical industries and in industrial occupation. Learnership: Semi-skilled/industrial occupation (non-apprenticeable)

Difference between apprenticeship and learnership as to FOCUS OF TRAINING

Where an establishment does not collect service charges but has a practice or policy of pooling tips given voluntarily by its customers, the pooled tips should be monitored, accounted for and distributed in the same manner as the service charges.

Pooled Tips

A minor below 15 years of age shall not be eligible for employment as a learner. Those below 18 years of age may only be employed in non-hazardous occupations.

Employment of Minors as Learners

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.

Learners

NSD is not waivable except for higher and bigger benefits.

NSD not Waivable

The employment of a worker outside the Philippines covered by a valid contract.

Overseas Employment

Refers to an arrangement whereby a principal agrees to put out or farm out with a contractor the performance or completion of a specific job, work or service within a definite or predetermined period, regardless of whether such job, work or service is to be performed or completed within or outside the premises of the principal.

"Contracting" or "Subcontracting"

(15-PAC) 1. At least (15) years of age, provided that if below 18 years, he shall not be eligible for hazardous occupation; 2. (P)hysically fit for the occupation; 3. Possess vocational (A)ptitude and capacity for the particular occupation as established through appropriate tests; and 4. Possess the ability to (C)omprehend and follow oral and written instructions.

Article 59: Qualifications of Apprentices

Apprentices may be hired without compensation where on-the-job training is: (SGB) 1. Required by the (S)chool/Training program; 2. Curriculum as a requisite for (G)raduation; or 3. A requisite for (B)oard examination

Article 72: Apprentices without Compensation

1. No experienced workers are available; 2. The employment of learners being necessary to prevent curtailment of employment opportunities; and 3. The employment will neither create unfair competition in terms of labor costs nor impair nor lower working standards.

Article 74: When Learners may be Hired

Learners in piecework or incentive-rate jobs are to be paid in full for the work done during the training period.

Article 76: Learners in Piecework

"1. Their employment is necessary to prevent curtailment of employment opportunities; and 2. It does not create unfair competition in labor costs or impair or lower working standards"

Article 79: When Employable

The normal hours of work of an employee shall not exceed 8 hours a day.

Article 83: Normal Hours of Work

Hours Worked Include (DW-S-R20-M20): 1. All time during which an employee is required to be on (D)uty or to be at a prescribed (W)orkplace; 2. All time during which an employee is (S)uffered or permitted to work; 3. (R)est periods of short duration during working hours which shall not be more than (20) minutes; and 4. (M)eal periods of less than (20) minutes.

Article 84: Hours Worked

General Rule: Employees cannot be compelled to render overtime work against their will. Exceptions: (W2-PULP) 1. In times of (W)ar or any national or local emergency declared by the Congress or the Chief Executive; 2. When it is necessary to avail of favorable (W)eather or environmental conditions where performance of quality of work is dependent thereon; 3. When work is necessary to preserve (P)erishable goods; 4. When there is (U)rgent work needed on machines and equipment; 5. To prevent (L)oss or damage to life or property due to emergencies and force majeure; 6. To prevent serious obstruction or (P)rejudice to the business or operations of the employer.

Article 89: Emergency Overtime Work

In order that the cost of facilities furnished by the employer may be charged against an employee, his acceptance of such facilities must be voluntary.

Acceptance of Facilities

Duration: Not less than 24 consecutive hours after every 6 consecutive normal work days. Note: All establishments and enterprises may operate or open for business on Sundays and holidays provided that the employees are given the weekly rest day and the benefits provided under the law.

Article 91: Right to a Weekly Rest Day

a) No child shall be deprived of formal or non-formal education. In all cases of employment allowed in this Act, the employer shall provide a working child with access to at least primary and secondary education. b) To ensure and guarantee the access of the working child to education and training, the Department of Education (DEPED) shall: (1) formulate, promulgate, and implement relevant and effective course designs and educational programs; (2) conduct the necessary training for the implementation of the appropriate curriculum for the purpose; (3) ensure the availability of the needed educational facilities and materials; and (4) conduct continuing research and development program for the necessary and relevant alternative education of the working child. c) The DEPED shall promulgate a course design under its nonformal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances.

Access to Education and Training for Working Children

Required for entry into the country for employment purposes and is issued after determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired. All foreign nationals who intend to engage in gainful employment in the Philippines shall apply for this.

Alien Employment Permit (AEP)

1. Those provided in Art. 82 of the Labor Code; and 2. Employees of retail and service establishments regularly employing not more than 5 workers.

All employees are entitled to NSD except...

(CDA) 1. (C)ompliance by the applicant employer or the foreign national with the substantive and documentary requirements; 2. (D)etermination of the SOLE that there is no available Filipino national who is competent, able and willing to do the job for the employer; 3. (A)ssessment of the SOLE that the employment of the foreign national will redound to the national benefit.

An AEP is issued based on...

Rules: 1. Should not be less than 60 minutes. It is non-compensable except during the so-called meal period, the laborers are required to standby for emergency work, or said meal hour is not one of complete rest, such period is considered overtime (hours worked). 2. May be less than 60 minutes, but should not be less than 20 minutes and the shortened mealtime must be with full play, under the following instances: - a. Where the work is non-manual work in nature or does not involve strenuous physical exertion; - b. Where the establishment regularly operates not less than 16 hours a day; - c. In cases of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer; or - d. Where the work is necessary to prevent serious loss of perishable goods. 3. Rest periods of coffee breaks running from 5-20 minutes shall be considered as compensable working time.

Article 85: Meal Periods

A person undergoing training for an approved apprenticeable occupation during an established period assured by an apprenticeship agreement.

Apprentice

A practical training on the job supplemented by related theoretical instruction, for a highly skilled or technical occupation for a period of not less than 3 months but not more than 6 months.

Apprenticeship

An employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training.

Apprenticeship Agreement

"Rule: No person or entity other than the following shall engage in the recruitment and placement of workers, locally and overseas: (P4-CoMONS) 1. (P)ublic employment offices 2. (P)rivate recruitment entities 3. (P)rivate employment agencies 4. (P)OEA 5. (Co)nstruction contractors if authorized to operate by the DOLE and the Construction Industry Authority 6. (M)embers of the diplomatic corps (but hiring must also go through POEA) 7. (O)ther persons or entities as may be authorized by the DOLE Secretary 8. (N)ame hires 9. (S)hipping or manning agents or representatives"

Article 16: Private Recruitment

"General Rule: Direct hiring of Filipino workers for overseas employment is not allowed. Exceptions: Direct-hiring by members of the: (DION) 1. (D)iplomatic corps; 2. (I)nternation organizations; 3. (O)ther employers as may be allowed by DOLE; and 4. (N)ame hirees - individual workers who are able to secure contracts for overseas employment on their own efforts and representations without the assistance or participation of any agency. Their hiring, nonetheless, shall pass through the POEA for processing purposes."

Article 18: Ban on Direct Hiring

"Private Sectors that can participate: (P2-SOC) 1. (P)rivate employment agencies; 2. (P)rivate recruitment entities; 3. (S)hipping or manning agencies; 4. Such (O)ther persons may be authorized by the Secretary of Labor and Employment; and 5. (C)onstruction contractors with a duly issued authority to operate private recruitment entities. Qualifications for Participation: 1. Citizenship requirement - a. Filipino citizens; or - b. Corporations, partnerships or entities at least 75% of the authorized voting capital stock of which is owned and controlled by Filipino citizens. 2. Capitalization - a. Private employment agency for local employment 3. Those not otherwise disqualified by law. 4. The owner, partner or officer of the corporation must be of good moral character and not disqualified by law and must have an office space with a minimum floor area of 50 square meters. Disqualified from Recruitment and Placement of Workers Overseas Employment whether for profit or not: (TOC-POI) 1. (T)ravel agencies and sales agencies of airline companies; 2. (O)fficers or members of the board of any corporation of members in a partnership engaged in the business of a travel agency; 3. (C)orporations and partnerships, when any of its officers, members of the board or partners is also an officer, member of the board or partner of a corporation or partnership engaged in the business of a travel agency (interlocking officers); 4. (P)ersons, partnerships, or corporations which have derogatory records; 5. (O)fficials or employees of the DOLE, POEA, OWWA, DFA, DOJ, DOH, BI, IC, NLRC, TESDA, CFO, NBI, PNP, CAAP, international airport authorities, and other government agencies directly involved in overseas employment program and their relatives within the 4th degree of consanguinity or affinity; and 6. Individuals of an (I)nsurance company who make, propose or provide an insurance contract under the compulsory insurance coverage for agency-hired Overseas Filipino Workers."

Article 25: Private Sector Participation in the Recruitment and Placement of Workers

"Any person applying with a private fee-charging employment agency for employment assistance shall NOT be charged any fee until (a) he/she has obtained employment through efforts or (b) has actually commenced employment. Such fee shall be always covered with appropriate receipts clearly showing the amount paid."

Article 32: Fees to be Paid by Workers

"The State shall: (APERA) 1. (A)fford protection to labor 2. (P)romote full employment 3. (E)nsure equal work opportunities regardless of sex, race or creed 4. (R)egulate the relations between workers and employers 5. (A)ssure the rights of workers to: (CJS2) - a. (C)ollective bargaining - b. (J)ust and humane conditions of work - c. (S)elf-organization - d. (S)ecurity of tenure"

Article 3: Declaration of Basic Policy

"It is construed in favor of labor if there is a doubt as to the meaning of the legal and contractual provision. If the provision is clear and unambiguous, it must be applied in accordance with its express terms."

Article 4: Construction in favor of Labor

General Rule: The employer may not require the employees to work on a rest day. Exceptions: (UP-A2NAC) 1. In cases of (U)rgent work to be performed on the machinery, equipment, or installation; 2. To (P)revent loss or damage to perishable goods; 3. In case of (A)ctual or impending emergencies caused by force majeure to prevent loss of life and property, or imminent danger to public safety; 4. When it is necessary to (A)vail of favorable weather or environmental conditions where performance if quality of work is dependent thereon; 5. Where (N)ature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; 6. In the event of (A)bnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures; and 7. Under other (C)ircumstances analogous to the foregoing as determined by the Secretary of Labor. Note: When an employee volunteers to work on his rest day under other circumstances, he may be allowed to do so, provided he expresses such desire in writing and he is paid the additional compensation for working on his rest day.

Article 92: When Employer may Require Work on Rest Day

All service charges collected by hotels, restaurants and similar establishments shall be distributed as follows: 1. 85% for all covered employees (to be equally distributed among them) 2. 15% for disposition by management to answer for losses and breakages and at the discretion of the management, distribution to managerial employees. Coverage: Apply only to hotels, restaurants and similar establishments collecting service charges. All employees are covered, regardless of their position, designation, employment status, irrespective of the method by which their wages are paid except managerial employees.

Article 96: Service Charges

No househelper shall be assigned to work in a commercial, industrial or agricultural enterprise at a wage or salary rate lower than that provided for agricultural and non-agricultural workers.

Assignment to non-household work

A document issued by DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity.

Authority

1. Under Labor Standards (TReSH) a. Right to security of (T)enure b. Right to (R)eceive a living wage c. Right to a just (S)hare in the fruits of production d. Right to work under (H)umane conditions 2. Under Labor Relations (COPE) a. Right to (C)onduct collective bargaining or negotiation with management b. Right to (O)rganize themselves c. Right to (P)articipate in policy and decision-making processes d. Right to (E)ngage in peaceful concerted activities including strike

Basic Rights of Workers as Guaranteed by the Constitution

A female employee who is a victim of violence (physical, sexual, or psychological) is entitled to a paid leave of 10 days in addition to other paid leaves. The leave is extendible when the necessity arises. The employee has to submit a certification from the punong barangay, kagawad, prosecutor or clerk of court that an action under R.A. 9262 has been filed and is pending.

Battered Woman Leave

The normal 8 working hours mandated by law do not always mean continuous and uninterrupted 8 hours of work. As may be required by peculiar circumstances of employment, it may mean broken hours of say, 4 hours in the morning and 4 hours in the evening of variation thereof, provided the total of 8 hours is accomplished within the work.

Broken Hours

Resorted to by the employer to prevent serious losses due to causes beyond his control, such as when there is substantial slump in demand for his goods or services or when there is lack of raw materials. To be an exception to the "eight-hour a day" requirement, the workers must agree to the temporary change of work schedule and they do not suffer any loss of overtime pay, fringe benefits or their weekly or monthly take-home pay. This scheme is an alternative arrangement whereby the normal workweek is reduced to less than 6 days but the total number of normal hours per week remains at 48 hours. The normal workday is increased more than 8 hours without corresponding overtime premium. This applies as well to 40 or 44-hour workweek firms.

Compressed Work Week (CWW)

(SCN) 1. It is expressly and voluntarily (S)upported by majority of the employees affected; 2. If work is hazardous, a (C)ertification is needed from an accredited safety organization or the firm's safety committee that work beyond 8 hours is within the limits or levels of exposure set by DOLE's occupational safety and health standards; and 3. The DOLE is duly (N)otified

Conditions of a Valid CWW Scheme

The children and relatives of a househelper who live under the employer's roof and who share the accommodations provided for the househelpers by the employer shall not be deemed as househelpers if they are not otherwise engaged as such and are not required to perform any substantial household work.

Children of househelpers.

"The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to self-organizations, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with the law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by the law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth."

Constitution, Article 13, Sec. 3

Refers to any person or entity, including a cooperative, engaged in a legitimate contracting or subcontracting arrangement providing either services, skilled workers, temporary workers, or a combination of services to a principal under a Service Agreement.

Contractor

Includes one employed by a contractor to performor complete a job, work, or service pursuant to a Service Agreement with a principal.

Contractor's Employee

Refers to the employer's power to control or right to control the employee not only as to the result of the work to be done but also as to the means and methods by which the same is to be accomplished. It is the most important test our courts apply in distinguishing an employee from an independent contractor. This test is based on the extent of control the hirer exercises over a worker. The greater the supervision and control the hirer exercises, the more likely the worker is deemed an employee. The converse holds true as well - the less control the hirer exercises, the more likely the worker is considered an independent contractor. This test merely calls for the existence of the right to control the manner of doing work, not the actual exercise of the right.

Control Test

SIL is commutable, or convertible to cash if not used or exhausted at the end of the year. The cash equivalent is aimed primarily at encouraging workers to work continuously and with dedication to the company.

Conversion to Monetary Equivalent

Every married male employee in the private sector shall be entitled to paternity leave benefits of 7 days with full pay for the first four deliveries by his lawful spouse under such terms and conditions as provided by law. Conditions for Entitlement (ABC-EF): 1. He has (A)pplied for paternity leave with his employer; 2. His wife has given (B)irth or suffered a miscarriage; 3. He is (C)ohabiting with his spouse at the time she gives birth or suffers a miscarriage; 4. He is an (E)mployee at the time of the delivery of his child; and 5. Covers only the first (F)our deliveries or miscariages. The employee is entitled to his full pay, consisting of basic salary, for 7 days during which he is allowed not to report for work, provided , that his pay shall not be less than the mandated minimum wage.

Coverage of Paternity Leave

Apprenticeship: Requires TESDA approval for validity. Legally allowed in highly technical industries and only in apprenticeable occupations approved by DOLE. Learnership: TESDA approval is not required. Only inspection from TESDA is required. Allowed even for non-technical jobs.

Difference between apprenticeship and learnership as to APPROVAL

Apprenticeship: Hiring of persons as apprentices in highly skilled job or in a job found only in a highly technical industry. It involves practical training on the job supplemented by related theoretical instruction. Learnership: Hiring of persons 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.

Difference between apprenticeship and learnership as to CONCEPT

Apprenticeship: Not less than 3 months practical training on the job but no more than 6 months. Learnership: Practical training on the job not to exceed 3 months.

Difference between apprenticeship and learnership as to DURATION

Apprenticeship: Worker is not considered an employee. Learnership: Learner is considered regular employee after 2 months of training and dismissal is without fault of learner.

Difference between apprenticeship and learnership as to EFFECT OF PRETERMINATION

Apprenticeship: No obligation to hire. Learnership: With an obligation to employ the learner as regular employee if he desires upon completion of learnership.

Difference between apprenticeship and learnership as to EMPLOYER'S OBLIGATION TO HIRE

Apprenticeship: 1. At least 15 years of age; 2. With vocational aptitude and capacity, and 3. Ability to comprehend and follow oral and written instructions Learnership: 1. No experienced workers are available; 2. The employment of learners is necessary to prevent curtailment of employment and opportunities; and 3. The employment does not create unfair competition in terms of labor costs or impair or lower working standards

Difference between apprenticeship and learnership as to QUALIFICATIONS

Apprenticeship: Not less than 75% of applicable minimum wage, except if training is required by the school or training program, or requisite for graduation or board examination. Learnership: Not less than 75% of applicable minimum wage, except for learners in piecework, where salary shall be pain in accordance to the minimum wage imposed.

Difference between apprenticeship and learnership as to SALARY

Nothing in this Book shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of promulgation of this Code.

Diminution of Benefits

Workers directly hired by the employers for overseas employment.

Direct Hires

"1. A physical or mental impairment that substantially limits one or more psychological, physiological, or anatomical function of an individual or activities of such individual; 2. A record of such an impairment; or 3. Being regarded as having such impairment"

Disability

Discrimination prohibited. It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. The following are acts of discrimination: (a) Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employees as against a male employee, for work of equal value; and (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.

Discrimination prohibited (Women)

1. Those who: - a. Perform services in the employer's home which are usually necessary and desirable for the maintenance or enjoyment thereof; or - b. Minister to the personal comfort, convenience or safety of the employer, as well as the members of the employer's household. 2. Not covered by this Title because the terms and conditions of employment are governed by the provisions of R.A. 10361.

Domestic Helpers/Persons Rendering Personal Services

Refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or "yaya", cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. The term shall not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e. "baon", transportation, school projects and school activities.

Domestic worker or "Kasambahay"

1. 200% of the basic wage - a. Entitled even if said holiday is unworked - b. To give employee only 100% would reduce the number of holidays under D.O. No. 3 2. 300% if he worked on 2 regular holidays falling on the same day If the employee reported to work on a double holiday which is also his rest day he is entitled to an additional 30% based on the rate of 300% for that day, or a total of 390%.

Double Holiday Pay

A seaman must be given: 1. Written notice of the charges against him. The employer is bound to furnish him two notices: - a. The written charge; and - b. The written notice of dismissal in case that is the penalty imposed. 2. Formal investigation where he can defend himself personally or through a representative before he can be dismissed and disembarked from the vessel.

Due Process Required to Terminate Employment

(SePaDisCo) 1. (S)election and (e)ngagement of the employee; 2. (Pa)yment of wages; 3. Power of (Dis)missal; and 4. Power to (Co)ntrol

Elements of Employer-Employee Relationship or Four-Fold Test

(Per-CREED) 1. That his primary duty consists of the (Per)formance of work directly related to management policies; 2. That he (C)ustomarily and regularly exercises discretion and independent judgment in the performance of his functions; 3. That he (R)egularly and directly assists in the management of the establishment; 4. That he (E)xecutes, under general supervision, work along specialized or technical lines requiring special training, experience or knowledge; 5. That he (E)xecutes, under general supervision, special assignments and tasks; and 6. That he (D)oes not devote more than 20% of his time to work other than those described above

Elements to be Considered a Member of the Managerial Staff

Handicapped workers are eligible for employment as apprentices or learners if their handicap is such that it does not impede the performance of job operations in the particular trade or occupation which is the subject of the apprenticeship or learnership program.

Eligibility for Apprenticeship

Any person of either sex, between 15 and 18 years of age, may be employed in any non-hazardous work. No employer shall discriminate against such person in regard to terms and conditions of employment on account of his age. For purposes of this Rule, a non-hazardous work or undertaking shall mean any work or activity in which the employee is not exposed to any risk which constitutes an imminent danger to his safety and health. The Secretary of Labor and Employment shall from time to time publish a list of hazardous work and activities in which persons 18 years of age and below cannot be employed.

Eligibility for employment (Age)

It shall be the duty of every employer to furnish his employees in any locality with free medical and dental attendance and facilities consisting of: (a) The services of a full-time registered nurse when the number of employees exceeds fifty (50) but not more than two hundred (200) except when the employer does not maintain hazardous workplaces, in which case, the services of a graduate first-aider shall be provided for the protection of workers, where no registered nurse is available. The Secretary of Labor and Employment shall provide by appropriate regulations, the services that shall be required where the number of employees does not exceed fifty (50) and shall determine by appropriate order, hazardous workplaces for purposes of this Article; (b) The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic, when the number of employees exceeds two hundred (200) but not more than three hundred (300); and (c) The services of a full-time physician, dentist and a full-time registered nurse as well as a dental clinic and an infirmary or emergency hospital with one bed capacity for every one hundred (100) employees when the number of employees exceeds three hundred (300). In cases of hazardous workplaces, no employer shall engage the services of a physician or a dentist who cannot stay in the premises of the establishment for at least two (2) hours, in the case of those engaged on part-time basis, and not less than eight (8) hours, in the case of those employed on full-time basis. Where the undertaking is non-hazardous in nature, the physician and dentist may be engaged on retainer basis, subject to such regulations as the Secretary of Labor and Employment may prescribe to insure immediate availability of medical and dental treatment and attendance in case of emergency.

Emergency Medical and Dental Services Requirement

Children below fifteen (15) years of age may be allowed to work under the direct responsibility of their parents or guardians in any non-hazardous undertaking where the work will not in any way interfere with their schooling. In such cases, the children shall not be considered as employees of the employers or their parents or guardians.

Employable age

Any person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensation for such services, where there is employer-employee relationship.

Employee

One for whom employees work and who pays their wages or salaries; any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, industry, undertaking or activity of any kind and uses the services of another person who is under his order as regards of the employment.

Employer

(GLAD-PIT) 1. Foreign nationals elected as members of the (G)overning Board who do not occupy any other position, but have only voting rights in the corporation; 2. All foreign nationals granted exemption by (L)aw; 3. Owners and representatives of foreign nationals whose companies are (A)ccredited by the POEA who come to the Philippines for a limited period and solely for the purpose of interviewing Filipino applicants for employment abroad; 4. All members of the (D)iplomatic service and foreign government officials accredited by and with reciprocity arrangement with the Philippine government; 5. (P)ermanent resident foreign nationals, probationary, or temporary resident visa holders' 6. Officers and staff of (I)nternational organizations of which the Philippines is a member, and their legitimate spouses desiring to work in the Philippines; and 7. Foreign nationals who come to the Philippines to (T)each, present and/or conduct research studies in universities and colleges as visiting, exchange, or adjunct professors under formal agreements between the universities or colleges in the Philippines and foreign universities or colleges; or between the Philippine government and foreign government; provided that the exemption is on a reciprocal basis.

Exemptions from Permit

Existence of employer-employee relationship is determined by law, not by contract. Hence, even if the parties call their contract a "Contract of Lease of Service", the factual existence of an employer-employee relationship will still prevail.

Existence of Employment Relationship

(For-NAM) 1. All (For)eign nationals seeking admission to the Philippines for the purpose of employment; 2. All (N)on-resident foreign nationals already working in the Philippines; 3. Non-resident foreign nationals (A)dmitted to the Philippines on non-working visas and who wish to seek employment; and 4. (M)issionaries or religious workers who intend to engage in gainful employment.

Employment Permit required for...

Children below fifteen (15) years of age shall not be employed except: 1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed: Provided, however, That his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development: Provided, further, That the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education; or 2) Where a child's employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential: Provided, That the employment contract is concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, further, That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection, health, safety, morals and normal development of the child; (b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and (c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child. In the above-exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements. For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age.

Employment of Children

No disabled person shall be denied access to opportunities for suitable employment. Qualified disabled employees shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person.

Equal Opportunity for Employment

The term "facilities" as used in this Rule shall include articles or services for the benefit of the employee or his family but shall not include tools of the trade or articles or service primarily for the benefit of the employer or necessary to the conduct of the employer's business.

Facilities

The Secretary of Labor and Employment shall establish standards that will ensure the safety and health of women employees. In appropriate cases, he shall, by regulations, require any employer to: (a) Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency; (b) To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women; (c) To establish a nursery in a workplace for the benefit of the women employees therein; and (d) To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.

Facilities for women

Non-agricultural employees: 1. Who regularly perform their duties away from the principal place of business or branch office of the employer; and 2. Whose actual hours of work in the field cannot be determined with reasonable certainty.

Field Personnel

Every employer shall keep in his establishment such first-aid medicines and equipment as the nature and conditions of work may require, in accordance with such regulations as the Department of Labor and Employment shall prescribe. The employer shall take steps for the training of a sufficient number of employees in first-aid treatment.

First-aid treatment

In addition to compressed work week, the FWAs include: (BFF-BR) 1. (B)roken-time schedule where the work schedule is not continuous but the number of work hours within the day or week is not reduced; 2. (F)orced Leave where the employees are required to go on leave for several days of weeks, utilizing their leave credits if there are any; 3. (F)lexi-holiday schedule where the employees agree to avail themselves of the holidays at some other days, provided that there is no diminution of existing benefits as a result of such arrangement; 4. (R)eduction of workdays where the normal workdays per week are reduced but should not last for more than 6 months; and 5. (R)otation of Workers where the employees are rotated or alternatively provided work within the workweek

Flexible Work Arrangements

The right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer.

Flexible Work Schedule

No employer shall pay the wages of an employee by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by the employee. Payment of wages by check or money order shall be allowed when such manner of payment is customary on the date of effectivity of this Code, or is necessary because of special circumstances as specified in appropriate regulations to be issued by the Secretary of Labor and Employment or as stipulated in a collective bargaining agreement.

Forms of payment

Employees of government agencies, instrumentalities, or political subdivisions and of government corporations that are not incorporated under the Corporation Code, i.e., those which have original charters. The terms and conditions of their employment are governed by Civil Service Law, rules and regulations.

Government Employees

Those whose earning capacity is impaired by age or physical or mental deficiency or injury, disease or illness.

Handicapped Workers

...their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they were hired.

Handicapped workers may become regular workers, apprentices, or learners if...

At their request, workers shall have the right to undergo a health assessment without charge: 1. Before taking up assignment as night worker. 2. At regular intervals during assignment. 3. If they experience health problems during such assignment. Results are confidential.

Health Assessment of Night Workers

Those trade, business, enterprise, industry or other activity, which are engaged in the application of advanced technology.

Highly Technical Industries

Refers to the payment of the regular daily wage for any unworked regular holiday.

Holiday Pay (Article 94: Right to Holiday Pay)

Under the exceptions provided in Section 12 of this Act, as amended: (1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours at any given day; (2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week; (3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening and six o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day.

Hours of Work of a Working Child

General Rule: Title I, Book III of the Labor Code dealing with hours of work, weekly rest periods, holidays, service incentive leaves and service charges, covers all employees in ALL establishments, whether for profit or not. (GoMa-DoR-FiFa) 1. (Go)vernment employees; 2. (Ma)nagerial employees including members of the managerial staff; 3. (Do)mestic helpers or persons in the personal service of another; 4. Workers paid by (R)esult; 5. (Fi)eld personnel; and 6. Members of the (Fa)mily of the employer who are dependent on him for support.

Labor Conditions Exceptions

Governs the rights and duties of employers and employees, first with respect to the terms and conditions of employment, and second, with respect to the labor disputes arising from collective bargaining respecting such terms and conditions.

Labor Law

Labor-only contracting is hereby declared prohibited. There is labor-only contracting where the contractor or subcontractor merely recruits, supplies or places workers to perform a job, work or service for a principal, and the following elements are present: a) The contractor or subcontractor does not have substantial capital or investment to actually perform the job, work or service under its own account and responsibility; and b) The employees recruited, supplied or placed by such contractor or subcontractor are performing activities which are directly related to the main business of the principal."

Labor-only contracting

An employment and training contract entered into between the employer and learner.

Learnership Agreement

Not counted as working time if all the following conditions are met: 1. Attendance is outside of the employee's regular working hours; 2. Attendance is in fact voluntary; and 3. Employee does not perform any productive work during such attendance.

Lectures, Meetings, Trainings, Programs

A document issued by the DOLE authorizing a person or entity to operate a private employment agency.

License

1. New Year's Day - January 1 2. Maundy Thursday - movable date 3. Good Friday - movable date 4. Araw ng Kagitingan - Monday nearest April 9 5. Labor Day - Monday nearest May 1 6. Independence Day - Monday nearest June 12 7. National Heroes Day - Last Monday of August 8. Bonifacio Day - Monday nearest November 30 9. Christmas Day - December 25 10. Rizal Day - Monday nearest December 30 11. Eid'l Fitr - movable date 12. Eid'l Adha - movable date

List of Regular Holidays as amended by R.A. 9492

1. National - a. All Saint's Day - November 1 - b. Last Day of the Year - December 10 - c. Ninoy Aquino Day - Monday nearest August 21 - d. Other days declared by law

List of Special Days

Alter-egos of their employers who meet the following conditions: a. Their primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof; b. They customarily and regularly direct the work of two or more employees therein; and c. They have the authority to hire or fire other employees of lower rank; or their suggestions and recommendations as to the hiring and firing and as to the promotion or any other change of status of other employees are given particular weight.

Managerial Employees

Employers are required to provide the following. 1. Suitable first-aid facilities. 2. Sleeping or resting quarters in the establishment. 3. Transportation from the work premises to the nearest point of residence.

Mandatory Facilities for Night Workers

(GF2-JO) 1. (G)uaranteed wages for regular work hours and overtime pay, as appropriate, which shall not be lower than the prescribed minimum wage in the host country, not lower than the appropriate minimum wage standard set forth in a bilateral agreement or international convention duly ratified by the host country and the Philippines or not lower than the minimum wage in the Philippines, whichever is highest; 2. (F)ree transportation to and from the worksite, or offsetting benefit; 3. (F)ree food and accommodation, or offsetting benefit; 4. (J)ust/authorized causes for termination of the contract or of the services of the workers taking into consideration the customs, traditions, norms, mores, practices, company policies, and labor laws and social legislations of the host country; 5. The Administration may also consider the following as basis for (O)ther provisions of the contract: (PEAR) - a. (P)revailing condition/realities in the market; - b. (E)xisting labor and social laws of the host country; - c. (A)greements or arrangements with the host country; and - d. (R)elevant agreements, conventions, delegations or resolutions (POEA Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Workers)

Minimum Employment Conditions of Overseas Employment

(a) Househelpers shall be paid the following minimum wage rates: (1) Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay, and Caloocan cities and municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Parañaque, Las Piñas, Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities; (2) Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class municipalities; and (3) Five hundred fifty pesos (P550.00) a month for those in other municipalities. Provided, That the employers shall review the employment contracts of their househelpers every three (3) years with the end in view of improving the terms and conditions thereof. Provided, further, That those househelpers who are receiving at least One thousand pesos (P1,000.00) shall be covered by the Social Security System (SSS) and be entitled to all the benefits provided thereunder.

Minimum wage. (House-Helpers)

If work done between 10 PM and 6 AM is overtime work, then the 10% night shift differential should be based on the overtime rate.

NSD in OT Work

Before introducing work schedules requiring the services of night workers, the employer shall consult the workers' representatives/labor organizations concerned on the details of such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel, as well as on the occupational health measures and social services which are required. In establishments employing night workers, consultation shall take place regularly."

Night Work Schedules

Is any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specific limit.

Night Worker

Refers to any employer, whether a person or entity, including government agencies and government-owned and controlledcorporations, who/which puts out or farms out a job, service or work to a contractor.

Principal

Any person or entity engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly from the workers or employers or both.

Private Fee Charging Employment Agency

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.

Private Recruitment Entity

Any woman employed in any industrial undertaking may be allowed to work beyond 10:00 o'clock at night, or beyond 12:00 o'clock midnight in the case of women employees of commercial or non-industrial enterprises, in any of the following cases: (a) In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquakes, epidemic or other disaster or calamity, to prevent loss of life or property or in cases of force majeure or imminent danger to public safety; (b) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer; (c) Where the work is necessary to prevent serious loss of perishable goods; (d) Where the woman employee holds a responsible position of a managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services; (e) Where the nature of the work requires the manual skill and dexterity of women and the same cannot be performed with equal efficiency by male workers or where the employment of women is the established in the enterprises concerned on the date these Rules become effective; and (f) Where the women employees are immediate members of the family operating the establishment or undertaking. The Secretary of Labor and Employment shall from time to time determine cases analogous to the foregoing for purposes of this Section.

Night work of women employees

(AWW-6) 1. The (A)greement submitted to the TESDA was made long after the workers started undergoing apprenticeship; 2. The (W)ork performed by the apprenticeship was different from those allegedly approved by the TESDA; 3. The (W)orkers undergoing apprenticeship are already skilled workers; and 4. The workers were required to continue undergoing apprenticeship beyond 6 months.

No valid apprenticeship if...

Reversion to the normal eight-hour workday shall not constitute a diminution of benefits. The reversion shall be considered a legitimate exercise of management prerogative, provided that the employer shall give the employees prior notice of such reversion within a reasonable period of time.

Non-Diminution of Benefits

If not availed of, said leave is not convertible to cash. Nothing in these Rules shall be construed to reduce or replace any existing benefits of any kind granted under existing laws, decrees, executive orders, or any contract, agreement or policy between employer and employee.

Non-commutation of Benefits and Non-Diminution Clause

No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. He shall not in any manner force, compel, or oblige his employees to purchase merchandise, commodities or other property from any other person, or otherwise make use of any store or services of such employer or any other person.

Non-interference in disposal of wages

1. For health personnel in cities and municipalities with a population of at least 1 million or in hospitals and clinics with a bed capacity of at least 100: - a. Regular office hours shall be 8 hours a day for 5 days a week, or 40 hours a week, exclusive of time for meals. - b. In case of exigencies, they may work for 6 days or for 48 hours, but they shall be entitled to an additional compensation of at least 30% of their regular wage for work performed on the 6th day.

Normal Hours of Work of Health Personnel

A participating enterprise shall be allowed to take in apprentices only up to a maximum of 20% of its total regular workforce.

Number of Apprentices to be Taken In by Companies (Article 60)

A service within 12 months, whether continuous or broken, reckoned from the date the employee started working including authorized absences and paid regular holidays unless the number of working days in the establishment, as a matter of practice or policy or as provided in the employment contact, is less than 12 months.

One Year of Service

A. Contracting out of jobs, works or services when not done in good faith and not justified by the exigencies of the business such as the following: (1) Contracting out of jobs, works or services when the same results in the termination or reduction of regular employees and reduction of work hours or reduction or splitting of the bargaining unit. (2) Contracting out of work with a "Cabo". (3) Taking undue advantage of the economic situation or lack of bargaining strength of the contractor's employees, or undermining their security of tenure or basic rights, or circumventing the provisions of regular employment, in any of the following instances: (i) Requiring them to perform functions which are currently being performed by the regular employees of the principal; and (ii) Requiring them to sign, as a precondition to employment or continued employment, an antedated resignation letter; a blank payroll; a waiver of labor standards including minimum wages and social or welfare benefits; or a quitclaim releasing the principal, contractor or from any liability as to payment of future claims. (4) Contracting out of a job, work or service through an in-house agency. (5) Contracting out of a job, work or service that is necessary or desirable or directly related to the business or operation of the principal by reason of a strike or lockout whether actual or imminent. (6) Contracting out of a job, work or service being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization as provided in Art. 248 (c) of the Labor Code, as amended. (7) Repeated hiring of employees under an employment contract of short duration or under a Service Agreement of short duration with the same or different contractors, which circumvents the Labor Code provisions on Security of Tenure. (8) Requiring employees under a subcontracting arrangement to sign a contract fixing the period of employment to a term shorter than the term of the Service Agreement, unless the contract is divisible into phases for which substantially different skills are required and this is made known to the employee at the time of engagement. (9) Refusal to provide a copy of the Service Agreement and the employment contracts between the contractor and the employees deployed to work in the bargaining unit of the principal's certified bargaining agent to the sole and exclusive bargaining agent (SEBA). (10) Engaging or maintaining by the principal of subcontracted employees in excess of those provided for in the applicable Collective Bargaining Agreement (CBA) or as set by the Industry Tripartite Council (ITC). B. Contracting out of jobs, works or services analogous to the above when not done in good faith and not justified by the exigencies of the business.

Other Prohibitions in Contracting

It shall be unlawful for any employer: (a) To discharge any woman employed by him for the purpose of preventing such woman from enjoying the maternity leave, facilities and other benefits provided under the Code; (b) To discharge such woman employee on account of her pregnancy, or while on leave or in confinement due to her pregnancy; (c) To discharge or refuse the admission of such woman upon returning to her work for fear that she may be pregnant; (d) To discharge any woman or child or any other employee for having filed a complaint or having testified or being about to testify under the Code; and (e) To require as a condition for a 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.

Prohibited acts. (Women)

Refers to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas, other than a government ship used for military or non-commercial purposes, or on an installation located offshore on on the high seas; to be used interchangeably with "migrant worker".

Overseas Filipino Worker

An additional compensation for work performed beyond 8 hours within the worker's 24-hour workday regardless whether work covers 2 calendar days.

Overtime Pay (Article 87: Overtime Work)

The stipulation between employer and employee that the latter's regular or basic salary already includes the overtime pay is not per se illegal. This is also called complete or package pay or all-inclusive salary.

Overtime Pay Integrated in the Basic Salary ("Built In" Overtime Pay)

The employee is paid for overtime work on additional compensation equivalent to his regular wage plus at least 25% thereof.

Overtime Work on Regular Work Day

"Solo Parent" - any individual who falls under any of the following categories: 1. A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the even offender: Provided, that the mother keeps and raises the child; 2. Parent left solo or alone with the responsibility of parenthood due to death of spouse; 3. Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least 1 year; 4. Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner; 5. Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least 1 year, as long as he/she is entrusted with the custody of the children; 6. Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or a by a church as long as he/she is entrusted with the custody of the children; 7. Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least 1 year; 8. Unmarried mother/father who has preferred to keep and rear his/her child/children instead of having others care for them or give them up to a welfare institution; 9. Any other person who solely provides parental care and support to a child or children; or 10. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or prolonged absence of the parents or solo parent. Not more than 7 working days every year is granted to any solo parent employee who has rendered service of at least 1 year. No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status. Conditions: 1. The solo parent must render at least 1 year of service, whether continuous or broken; 2. The solo parent must notify the employer of the availment thereof within a reasonable period of time; 3. The solo parent must present his Solo Identification Card to the employee.

Parental Leave (Solo Parent)

The Eight-Hour Labor Law prescribes the maximum but not the minimum. Therefore, part-time work, or a day's work of less than 8 hours is not prohibited.

Part-Time Work

1. the ATM system of payment is with the written consent of the employees concerned; 2. The employees are given reasonable time to withdraw their wages from the bank facility which time, if done during working hours, shall be considered compensable hours worked; 3. The system shall allow workers to receive their wages within the period or frequency and in the amount prescribed under the Labor Code, as amended; chanrobles virtual law library 4. There is a bank or ATM facility within a radius of one (1) kilometer to the place of work; 5. Upon request of the concerned employee/s, the employer shall issue a record of payment of wages, benefits and deductions for a particular period; 6. There shall be n additional expenses and no diminution of benefits and privileges as a result of the ATM system of payment; 7. The employer shall assume responsibility in case the wage protection provisions of law and regulations are not complied with under the arrangement.

Payment of Salaries through ATM

...such manner of wage payment is customary on the date of the effectivity of the Code, where it is so stipulated in a collective agreement, or where all of the following conditions are met: (a) There is a bank or other facility for encashment within a radius of one (1) kilometer from the workplace; (b) The employer or any of his agents or representatives does not receive any pecuniary benefit directly or indirectly from the arrangement; (c) The employees are given reasonable time during banking hours to withdraw their wages from the bank which time shall be considered as compensable hours worked if done during working hours; and (d) The payment by check is with the written consent of the employees concerned if there is no collective agreement authorizing the payment of wages by bank checks.

Payment of wages by bank checks, postal checks or money orders is allowed where...

1. Piece-rate workers working INSIDE the premises of the employer and thus are under the direct supervision of the employer are entitled to SIL; 2. Piece-rate workers working OUTSIDE the premises of the employer whose hours spent in the performance of their work cannot be ascertained with reasonable certainty and thus are not under the direct supervision of the employer are not entitled to SIL.

Piece-rate Workers (2 divisions)

Payment of wages shall be made at or near the place of undertaking, except as otherwise provided by such regulations as the Secretary of Labor and Employment may prescribe under conditions to ensure greater protection of wages.

Place of payment

No child shall be engaged in the worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following: (1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or (2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or (3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or (4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it: a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or c) Is performed underground, underwater or at dangerous heights; or d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or g) Is performed under particularly difficult conditions; or h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or i) Involves the manufacture or handling of explosives and other pyrotechnic products."

Prohibition Against Worst Forms of Child Labor

No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography.

Prohibition on the Employment of Children in Certain Advertisements

(ENo3) 1. The female member should be (E)mployed at the time of delivery, miscarriage or abortion. 2. She must have given the required (No)tification to the SSS thru her employer. 3. Her employer must have paid at least 3 months of maternity contributions within the 12-month period immediately before her semester of contingency. Every pregnant woman in the private sector, whether married or unmarried, is entitled to the maternity leave benefits. Maternity benefits are granted to employees in lieu of wages and, therefore, may not be included in computing the employee's 13th-month pay for the calendar year.

Qualifications for Entitlement of Maternity Benefit

1. Only employers in highly technical industries may employ apprentices; and 2. Only in apprenticeable occupations as determined by the TESDA.

Qualifications to be met by employer (Article 60: Employment of Apprentices)

An individual with a disability who, with or without, reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires

Qualified Individual with Disability

A quitclaim whereby laborers agree to forego their benefits due from their employer is null and void in its entirety since it runs counter with Art. 22 of the Civil Code which provides against unjust enrichment and is contrary to public policy.

Quitclaim in Relation to Overtime Pay

Any act of [CETCHUP] (c)anvassing, (e)nlisting, (t)ransporting, (c)ontracting, (h)iring, (u)tilizing, or (p)rocuring workers and includes [CRAP] (c)contract, (r)eferrals, (a)dvertising, or (p)romising 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.

Recruitment and Placement

1. Clear written agreement knowingly and freely entered into by employee; and 2. Mathematical result shows that agreed legal wage rate and the overtime pay, computed separately, are equal to or higher than the separate amounts legally due.

Requisites for "Built In" Overtime Pay

(QuESAP) 1. (Qu)alifications of apprentice are met; 2. Apprentice (E)arns not less than 75% of the prescribed minimum salary; 3. Apprenticeship agreement duly executed and (S)igned; 4. Apprenticeship program must be (A)pproved by DOLE (now TESDA); otherwise, the apprentice shall be deemed a regular employee; 5. (P)eriod of apprenticeship shall not exceed 6 months.

Requisites for a Valid Apprenticeship (Article 60)

1. Privacy 2. Education and Training 3. Outside Communication 4. Board, Lodging, Medical 5. Standard Treatment

Rights and Privileges of House Helpers

"If terminated on grounds other than those that are lawful and valid before the agreed termination date, the employer will pay the workers their salaries corresponding to the unexpired portion of the employment contract."

Rule on Premature Termination of Contract

The compensation for night workers in the form of working time, pay or similar benefits shall recognize the exceptional nature of night work."

Rule on compensation for Night Workers

(GoMan-FiVa-Ben10): 1. Employees of the (Go)vernment; 2. (Man)agerial employees as defined in Book 3; 3. (Fi)eld personnel whose performance is unsupervised or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof; 4. Those already enjoying (Va)cation leave with pay for at least 5 days; 5. Those already enjoying the said (Ben)efits; and 6. Those employed in establishments regularly employing less than (10) employees

SIL does not apply to...

These semestral breaks are in the nature of work interruptions beyond the employees' control. As such, these breaks cannot be considered as absences within the meaning of the law for which deductions may be made from monthly allowances. The "no work, no pay" principle does not apply. The petitioner's members received their regular salaries during this period. It is clear from the law that it contemplates a "no work" situation where the employees voluntarily absent themselves. Petitioners, in the case at bar, certainly do not, ad voluntatem, absent themselves during semestral breaks. Rather, they are constrained to take mandatory leave from work.

Semestral Break of Teachers

...is not in the nature of Profit Share and, therefore, cannot be deducted from wage. The 5% of the gross income of the establishment cannot be considered as part of the respondents' wages. While complainants, who were employed in the hotel, received various amounts as profit share, the same cannot be considered as part of their wages in determining their claims for violation of labor standard benefits. Although called profit share, such is in the nature of share from service charges charged by the hotel.

Service Charge...

A 5-day leave with pay for every employee who has rendered at least 1 year of service.

Service Incentive Leave (Article 95: Right to Service Incentive Leave [SIL])

Refers to the provision of productive work for disabled persons through workshops providing special facilities, income-producing projects or homework schemes with a view to giving them the opportunity to earn a living thus enabling them to acquire a working capacity required in open industry. If suitable employment for disabled persons cannot be found through open employment as provided in the immediately preceding Section, the State shall endeavor to provide it by means of sheltered employment.

Sheltered Employment

Provided that the employee: 1. Worked; 2. Was on leave with pay; or 3. Was on authorized absence on the day prior to the regular holiday.

Single Holiday Rule

C3LIP 1. (C)onstitution 2. (C)ontract/Collective Bargaining Agreement 3. (C)ompany policy 4. (L)egislation 5. (I)mplementing Rules and Regulations 6. Company (P)ast practices

Sources of Labor Laws

It shall be unlawful for an employer to require as a condition of 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.

Stipulation against marriage

To be entitled to 2 successive holidays, the employee must: 1. Be present on the day immediately preceding the first holiday; or 2. Be on leave with pay.

Successive Regular Holidays

It depends on whether a person possesses authority that is not merely routinary or clerical in nature but one that requires use of independent judgment.

Test of Supervisory or Managerial Status

Includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person: 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 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.

The Employer of Homeworkers

Defines the status, rights and duties as well as the institutional mechanisms that govern the individual and collective interactions between employers, employees and their representatives.

The Law on Labor Relations

Deals with the minimum standards as to wages, hours of work and other terms and conditions of employment that employers must provide their employees.

The Law on Labor Standards

(a) Household or domestic helpers, including family drivers and persons in the person service of another; (b) Homeworkers engaged in needlework; (c) Workers employed in any establishment duly registered with the National Cottage Industries Development Authority in accordance with Rep. Act. No 3470, provided that such workers perform the work in their respective homes; ( d) Workers in any duly registered cooperative when so recommended by the Bureau of Cooperative Development and upon approval of the Secretary of Labor: Provided, however, that such recommendation shall be given only for the purpose of making the cooperative viable and upon finding and certification of said Bureau, supported by adequate proof, that the cooperative cannot resort to other remedial measures without serious loss or prejudice to its operation except through its exemption from the requirements of this Rule. The exemption shall be subject to such terms and conditions and for such period of time as the Secretary of Labor may prescribe.

The rule on minimum wage shall not apply to the following persons:

(1) That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount of work completed; (2) That final settlement is made upon completion of the work.

The payment of wages of employees engaged to perform a task which cannot be completed in two (2) week.

Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. If on account of force majeure or circumstances beyond the employer's control, payment of wages on or within the time herein provided cannot be made, the employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.

Time of payment

Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work. If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who are unable to work, or to 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 are prevented from working for reasons of health."

Transfer

In legitimate contracting or subcontracting arrangement there exists: (a) An employer-employee relationship between the contractor and the employees it engaged to perform the specific job, work or service being contracted; and (b) A contractual relationship between the principal and the contractor as governed by the provisions of the Civil Code. In the event of any 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 legislation, to the extent of the work performed under the employment contract. However, the principal shall be deemed the direct employer of the contractor's employee in cases where there is a finding by a competent authority of labor-only contracting, or commission of prohibited activities as provided in Section 7, or a violation of either Sections 8 or 9 hereof.

Trilateral Relationship

1. Apprentice; 2. Learner; and 3. Handicapped

Types of Special Workers

AEP shall be valid for 1 year unless the employment contract, consultancy services, or other modes of engagement provides otherwise; which in no case shall exceed 3 years.

Validity/Renewal of AEP

Victims under the VOWC act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order. Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.

Victim Leave

No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except: In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance; For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment.

Wage deduction

(a) In cases of force majeure rendering such payment impossible or under other special circumstances to be determined by the Secretary of Labor and Employment in appropriate regulations, in which case, the worker may be paid through another person under written authority given by the worker for the purpose; or (b) Where the worker has died, in which case, the employer may pay the wages of the deceased worker to the heirs of the latter without the necessity of intestate proceedings. The claimants, if they are all of age, shall execute an affidavit attesting to their relationship to the deceased and the fact that they are his heirs, to the exclusion of all other persons. If any of the heirs is a minor, the affidavit shall be executed on his behalf by his natural guardian or next-of-kin. The affidavit shall be presented to the employer who shall make payment through the Secretary of Labor and Employment or his representative. The representative of the Secretary of Labor and Employment shall act as referee in dividing the amount paid among the heirs. The payment of wages under this Article shall absolve the employer of any further liability with respect to the amount paid.

Wages shall be paid directly to the workers to whom they are due, except:

Considered as hours worked if: 1. Waiting is an integral part of his work; 2. The employee is required or engaged by the employer to wait; or 3. When employee is required to remain on call in the employer's premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose.

Waiting Time

General Rule: Overtime pay cannot be waived expressly or impliedly. Any contrary stipulation is null and void, as it is intended to benefit laborers and employees.

Waiver of Overtime Pay

The requirement for an emergency hospital or dental clinic shall not be applicable in case there is a hospital or dental clinic which is accessible from the employer's establishment and he makes arrangement for the reservation therein of the necessary beds and dental facilities for the use of his employees.

When emergency hospital not required

The employer determines and schedules the weekly rest period subject to the following: 1. Collective bargaining agreement; 2. Rules and regulations issued by the Secretary of Labor; and 3. Employee's preference based on religious grounds.

Who Determines Weekly Rest Days?

Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work: (a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth; (b) For additional periods, in respect of which a medical certificate is produced stating that said additional periods are necessary for the health of the mother or child: (1) During pregnancy; (2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length of which shall be determined by the DOLE after consulting the labor organizations and employers. During the periods referred to in this article: (i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorised causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities. (ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position. Pregnant women and nursing mothers may he allowed to work at night only if a competent physician, other than the company physician, shall certify their fitness to render night work, and specify, in the ease of pregnant employees, the period of the pregnancy that they can safely work. The measures referred to in this article may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave. The provisions of this article shall not have the effect of reducing the protection and benefits connected with maternity leave under existing laws."

Women Night Workers

Any member of the labor force, whether employed or unemployed.

Worker

They are those whose work is not measured in accordance with the time they spent ti complete the work. The time element, in fact, is not a material consideration. Such work is measured either: 1. By piece; or 2. By task.

Workers Paid by Result