Labor Legislation is limited in scope, and deals basically with the rights and duties of employees and

employers. Social Legislation is more encompassing and includes such subjects as agrarian relations,
housing and human settlement, protection of women and children, etc. All labor laws are social
legislation, but not all social legislation is labor law.

DOCTRINE that if doubts exist between the evidence presented by the employer and the employee, the
scale of justice must be tilted in favor of the latter. It is a time honored rule that in controversies
between laborer and master, doubts necessarily arising from the evidence, or in the implementation of
the agreement and writing should be resolved in favor of the laborer.

Art. 221 of the Labor Code read: “In any proceeding before the Commission....the rules of evidence
prevailing in Courts of law....shall not be controlling and it is the spirit and intention of this Code that the
Commission and its members and the Labor Arbiters shall use every and reasonable means to ascertain
the facts in each case speedily and objectively without regard to technicalities of law and procedure, all
in the interest of due process.”

Four (4) policies enshrined in Section 3, Article XIII of the 1987 Constitution which are not covered by
Article 3 of the Labor Code on declaration of basic policy are:

1. All workers shall have the right to peaceful concerted activities, including the right to strike in
accordance with law.

2. They shall be entitled to a living wage.

3. They shall participate in policy and decision making processes affecting their rights and benefits as
may be provided by law.

4. The state shall promote the principle of shared responsibility between workers and employers.

MIGRANT WORKERS ACT

P110 AZUCENA

Policies on Migrant Workers R.A. No. 8042 as amended by R.A. No. 10022 states the policies on overseas
Filipinos and migrant workers in particular. Summarized, they are as follows:

(a) The State shall, at all times, uphold the dignity of its citizens whether in country or overseas, in
general, and Filipino migrant workers, in particular, and endeavor to enter into bilateral agreements
with countries hosting overseas Filipino workers.

(b) 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.

(c) While recognizing the significant contributions of Filipino migrant workers to the national economy
through their foreign exchange remittances, the State does not promote overseas employment as a
means to sustain economic growth and achieve national development. The State, therefore, shall
continuously create local employment opportunities and promote the equitable distribution of wealth
and the benefits of development.

(d) The State affirms the fundamental equality before the law of women and men and the significant
role of women in nation-building. The State shall apply gender-sensitive criteria in the formulation and
implementation of policies and programs.

(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty. The rights and interest of distressed overseas Filipinos, in general,
and Filipino migrant workers, in particular, whether regular/documented or irregular/undocumented,
shall be adequately protected and safeguarded.

(f) Filipino migrant workers and all overseas Filipinos have the right to participate in the democratic
decision-making processes of the State and to be represented in institutions relevant to overseas
employment.

(g) The State recognizes that the most effective tool for empowerment is the possession of skills by
migrant workers. The government shall provide them free and accessible skills development and
enhancement programs. The government shall deploy and/or allow the deployment only of skilled
Filipino workers. (As amended by R.A. No. 10022)

(h) The State recognizes [that] non-governmental organizations, trade unions, workers associations,
recruitment and manning agencies and similar entities duly recognized as legitimate, are partners of the
State in the protection of Filipino migrant workers and in the promotion of their welfare.

(i) Government fees and other administrative costs of recruitment, introduction, placement and
assistance to migrant workers shall be rendered free without prejudice to the provision of Section 36 of
R.A. No. 8042

SEC. 3. DEFINITIONS. - For purposes of this Act:

(a) "Migrant worker" refers to a person who is to be engaged, is engaged or has been engaged in a
renumerated activity in a state of which he or she is not a legal resident to be used interchangeably
with overseas Filipino worker.

(c) "Overseas Filipinos" refers to dependents of migrant workers and other Filipino nationals
abroad who are in distress as mentioned in Sections 24 and 26 of this Act.

XXXXX

Section 2. Section 3, paragraph (a) of Republic Act No. 8042, as amended, is hereby amended to
read as follows:

"(a) "Overseas Filipino worker" 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 miliatry or non-commercial
purposes or on an installation located offshore or on the high seas; to be used interchangeably with
migrant worker."
I. DEPLOYMENT

SEC. 4. Deployment of Migrant Workers - The State shall deploy overseas Filipino workers only in
countries where the rights of Filipino migrant workers are protected. The government recognizes any of
the following as guarantee on the part of the receiving country for the protection and the rights of
overseas Filipino workers:

(a) It has existing labor and social laws protecting the rights of migrant workers;

(b) It is a signatory to multilateral conventions, declaration or resolutions relating to the protection of

migrant workers;

(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of
overseas Filipino workers; and

(d) It is taking positive, concrete measures to protect the rights of migrant workers.

II. ILLEGAL RECRUITMENT

Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact
services, promising or advertising for employment abroad, whether for profit or not, when undertaken
by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No.
442, as amended, otherwise known as the Labor Code of the Philippines. Provided, that such non-
license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or
more persons shall be deemed so engaged. It shall likewise include the following acts, whether
committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.

Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in large scale if
committed against three (3) or more persons individually or as a group.

The persons criminally liable for the above offenses are the principals, accomplices and accessories. In
case of juridical persons, the officers having control, management or direction of their business shall
be liable

http://poea.gov.ph/laws&rules/files/Migrant%20Workers%20Act%20of%201995%20(RA
%208042).html
SOCIAL SECURITY LAW

SOCIAL SECURITY ACT OF 1997

RA NO. 8282

AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM

THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS
AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW.

"SEC. 2. Declaration of Policy. - It is the policy of the Republic of the Philippines to

establish, develop, promote and perfect a sound and viable tax-exempt social
security service suitable to the needs of the people throughout the Philippines which
shall promote social justice and provide meaningful protection to members and
their beneficiaries against the hazards of disability, sickness, maternity, old age,
death, and other contingencies resulting in loss of income or financial burden.

Towards this end, the State shall endeavor to extend social security protection to
workers and their beneficiaries.

*SSS is created

A person is deemed an employee" for purposes of coverage under the Social Security Law if such person
performs services for an employer in which either or both mental and physical efforts are used and who
received compensation for such services, where there is an employer-employee relationship. Also, a
self-employed person is both an employee and employer at the same time. (Sec. 8(d). Social Security
Law).

The Social Security Law defines an employer as one who uses the services of another person who is
under his orders as regards the employment

"SEC. 9. Coverage. - (a) Coverage in the SSS shall be compulsory upon all
employees not over sixty (60) years of age and their employers: Provided, That in
the case of domestic helpers, their monthly income shall not be less than One
thousand pesos (P1,000.00) a month:  Provided, further, That any benefit already
earned by the employees under private benefit plans existing at the time of the
approval of this Act shall not be discontinued, reduced or otherwise
impaired: Provided, further, That private plans which are existing and in force at
the time of compulsory coverage shall be integrated with the plan of the SSS in
such a way where the employer’s contribution to his private plan is more than that
required of him in this Act, he shall pay to the SSS only the contribution required of
him and he shall continue his contribution to such private plan less his contribution
to the SSS so that the employer’s total contribution to his benefit plan and to the
SSS shall be the same as his contribution to his private benefit plan before the
compulsory coverage: Provided, further, That any changes, adjustments,
modifications, eliminations or improvements in the benefits to be available under
the remaining private plan, which may be necessary to adopt by reason of the
reduced contributions thereto as a result of the integration, shall be subject to
agreements between the employers and employees concerned: Provided,
further, That the private benefit plan which the employer shall continue for his
employees shall remain under the employer’s management and control unless there
is an existing agreement to the contrary: Provided, finally, That nothing in this Act
shall be construed as a limitation on the right of employers and employees to agree
on and adopt benefits which are over and above those provided under this Act.

"SEC. 9-A. Compulsory Coverage of the Self-Employed. - Coverage in the

SSS shall also be compulsory upon such self-employed persons as may be
determined by the Commission under such rules and regulations as it may
prescribe, including but not limited to the following:
"1. All self-employed professionals;
"2. Partners and single proprietors of businesses;
"3. Actors and actresses, directors, scriptwriters and news correspondents
who do not fall within the definition of the term "employee" in Section 8 (d)
of this Act;
"4. Professional athletes, coaches, trainers and jockeys; and
"5. Individual farmers and fishermen.
"Unless otherwise specified herein, all provisions of this Act applicable to
covered employees shall also be applicable to the covered self-employed
persons.

"SEC. 10. Effective Date of Coverage. - Compulsory coverage of the employer shall

take effect on the first day of his operation and that of the employee on the day of
his employment: Provided, That the compulsory coverage of the self-employed
person shall take effect upon his registration with the SSS.

"SEC. 14-A. Maternity Leave Benefit. - A female member who has paid at least
three (3) monthly contributions in the twelve-month period immediately preceding
the semester of her childbirth or miscarriage shall be paid a daily maternity benefit
equivalent to one hundred percent (100%) of her average daily salary credit for
sixty (60) days or seventy-eight (78) days in case of caesarian delivery, subject to
the following conditions:

"(f) That if an employee member should give birth or suffer 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.

MATERNITY LEAVE
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11210 (AN ACT
INCREASING THE MATERNITY LEAVE PERIOD TO ONE HUNDRED FIVE (105) DAYS
FOR FEMALE WORKERS WITH AN OPTION TO EXTEND FOR AN ADDITIONAL THIRTY
(30) DAYS WITHOUT PAY, AND GRANTING AN ADDITIONAL FIFTEEN (15) DAYS FOR
SOLO MOTHERS, AND FOR OTHER PURPOSES

Art 13, sec 14 of the 1987 COnsti – to protect and promote the rights and welfare of the
working women, taking into account their maternal functions, and to provide an enabling
environment in which their full potential can be achieved.

ART 2, SEC 12, CONSTI – State recognizes the sanctity of family life and shall protect and
strengthen the family as the basic autonomous social institution and that it shall equally protect
the life of the mother and the life of the unborn conception.

SEC 3, RULE 4. EXTENDED MATERNITY LEAVE – Chhildbirth: additional maternity leave of 30

days without pay can be availed at the oprion of the female worker, provided that the
employed must be given due notice, in writing, at least 45 days before the end of ML. NO PRIOR
NOTICE NECESSARY = event of medical emergency but SUBSEQUENT Notice shall be given.
the Paternity Leave Act of 1996 (Republic Act 8187).

The Paternity Leave Law

Under the law, male private and government employees in the Philippines are entitled
to seven days of paternity leave with full pay. They should receive their basic salary,
allowances, and other monetary benefits for those days.

Paternity Leave Requirements

You can avail of paternity leave benefits if you meet these conditions:

 Employed at the time of childbirth

 Have a wife who’s pregnant, has given birth, or has had a miscarriage
 The pregnancy, childbirth, or miscarriage has not happened for more than four times
 Legally married to your pregnant wife
 Living with your legitimate wife under one roof
 Properly notify your employer within a reasonable time of your wife’s pregnancy and the
expected delivery date (Not required for cases of miscarriage)

How to File for Paternity Leave

Unlike maternity leave benefits, the paternity isn’t filed with the SSS but rather with the
employer.
Here are the general steps to file for paternity leave as soon as you discover that your
wife is pregnant:

1. Notify your HR department about the pregnancy and the expected due date.
2. Fill out a Paternity Notification Form provided by your employer.
3. Submit the accomplished form along with a copy of your marriage certificate to HR. Your
employer may also require photocopies of your wife’s ultrasound results and other
medical records as proof of pregnancy

After you’ve availed of your paternity benefits and within a reasonable period, you’ll also need to
submit a copy of your newborn’s birth certificate. In case of a miscarriage or abortion, submit a
medical or death certificate.
 [REPUBLIC ACT NO. 10361]

AN ACT INSTITUTING POLICIES FOR THE PROTECTION

AND WELFARE OF DOMESTIC WORKERS

SECTION 1. Short Title. – This Act shall be known as the “Domestic Workers Act” or “Batas
Kasambahay”.

SEC. 2. Declaration of Policies. – It is hereby declared that:

(a) The State strongly affirms labor as a primary social force and is committed to
respect, promote, protect and realize the fundamental principles and rights at work
including, but not limited to, abolition of child labor, elimination of all forms of forced
labor, discrimination in employment and occupation, and trafficking in persons,
especially women and children;

(b) The State adheres to internationally accepted working conditions for workers in
general, and establishes labor standards for domestic workers in particular, towards
decent employment and income, enhanced coverage of social protection, respect for
human rights and strengthened social dialogue;

(c) The State recognizes the need to protect the rights of domestic workers against
abuse, harassment, violence, economic exploitation and performance of work that is
hazardous to their physical and mental health; and

(d) The State, in protecting domestic workers and recognizing their special needs to
ensure safe and healthful working conditions, promotes gender-sensitive measures in
the formulation and implementation of policies and programs affecting the local
domestic work.

11.1 The Civil Code The Civil Code, not the Labor Code, describes basically the nature of
labor-management relations. It states: “The relations between capital and labor are not merely
contractual. They are so impressed with public interest that labor contracts must yield to the common
good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining,
strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects.”
(Article 1700) This being so, “Neither capital nor labor shall act oppressively against the other, or impair
the interest or convenience of the public.” (Article 1701)

The Civil Code further contains provisions regarding wages, househelpers, and injuries sustained by
employees. These provisions will be mentioned in the pertinent chapters.

Other labor-related issues call for application of the Civil Code such as those relating to awards of
damages, interpretation of a collective bargaining agreement, validity of a waiver, preference of
workers’ claims, and fixed-period employment.