Working Conditions for

Special Group of Employees

SPECIAL GROUP OF EMPLOYEES
1. Women
2. Minors
3. Kasambahay
4. Homeworkers
5. Night Workers
6. Apprentices and Learners
7. Persons with Disabilities
8. Solo Parents
9. Migrant Workers
10. Security Guards
2
1. Women
R.A. No. 9710 or Magna Carta of Women
State Policy on Non-Discrimination of Women
(Sec. 2 RA 9710)
The State condemns discrimination against women in all its
forms and pursues by all appropriate means and without
delay the policy of eliminating discrimination against
women in keeping with the Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW) and
other international instruments consistent with Philippine
law. The State shall accord women the rights, protection,
and opportunities available to every member of society.
4
Discriminatory Acts against a Women Employee

1. Discrimination with respect to the terms and conditions of employment solely on account
of sex.
a. Discrimination in pay – Payment of a lesser compensation including wage, salary or
other forms of remuneration and fringe benefits, to a female employee as against
a male employee;
b. Discrimination in employment opportunity – favoring a male employee over a
female employee with respect to promotion, assignment, transfer, training
opportunities, study and scholarship grants solely in account or their sexes
c. Discrimination in hiring – favoring a male applicant with respect to hiring where
the particular job can equally be handled by a woman;
d. Discrimination in dismissal – favoring a male employee over a female employee
with respect to dismissal of personnel or the application of the last in / first out
principle or other retrenchment policy of the employer 5
Discriminatory Acts against a Women Employee

2. Stipulating, whether as a condition for employment or continuation

of employment:
a. That a woman employee shall not get married; or
b. That upon marriage, such woman employee shall be deemed
resigned or separated
3. Dismissing, discriminating or otherwise prejudice a woman
employee by reason of her being married

6
Stipulation Against Marriage

GR: 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.

XPN: Bona Fide Occupational Qualification (BFOQ) Rule (e.g. employees

of competitors)
7
Duncan Assoc. Of Detailman-PTGWO v. Glaxo
Wellcome, G.R. No. 162994, September 17, 2004
The prohibition against personal or marital relationships with employees
of competitor companies upon Glaxo’s employees is reasonable under
the circumstances because relationships of that nature might
compromise the interest of the company. Glaxo does not impose an
absolute prohibition against relationships between its employees and
those of competitor companies. Its employees are free to cultivate
relationships with and marry persons of their own choosing. What the
company merely seeks to avoid is a conflict of interest between the
employee and the company that may arise out of such relationships.
8
Prohibited Acts (Art. 137 LC)

It shall be unlawful for any employer to:

1. Deny any woman employee benefits provided by law.
2. Discharge any woman for the purpose of preventing her from
enjoying any of the benefits provided by law.
3. Discharge such woman on account of her pregnancy, or while on
leave or in confinement due to her pregnancy.
4. Discharge or refuse the admission of such woman upon
returning to her work for fear that she may again be pregnant

9
Discharging Women due to Pregnancy (Section 13, Rule
XII, Book III, Rules to Implement the LC)
Article 137 contemplates the following prohibited acts in connection
with the pregnancy of a woman employee:
1. To discharge her on account of her pregnancy ; or
2. To discharge her while she is on leave due to her pregnancy; or
3. To discharge her while she is in confinement due to her
pregnancy; or
4. To discharge her upon returning to her work for fear that she
may again be pregnant; or
5. To refuse her admission upon returning to her work for fear that
she may again be pregnant
10
2. Minors
R.A. No. 7610, as Amended by R.A. No. 9231
Rule on Employment of Minors

A. Children below fifteen (15) years of age shall not be employed except:
1. When the child works directly under the sole responsibility of his
parents or legal guardian and where only members of the family
are employed, subject to the following conditions:
a. Employment does not endanger the child’s safety, health
and morals;
b. Employment does not impair the child’s normal
development; and
c. Employer-parent or legal guardian provides the child with
the primary and/or secondary education prescribed by the
Department of Education
12
Rule on Employment of Minors
2. When the child’s employment or participation in public entertainment or
information through cinema, theatre, radio or television is essential
provided:
a. Employment contract is concluded by the child’s parents or legal
guardian;
b. With the express agreement of the child concerned, if possible; and
c. The approval of DOLE, the following must be complied with:
i. The employment does not involve advertisement or
commercials promoting alcoholic beverages, intoxicating
drinks, tobacco and its by-products or exhibiting violence
ii. There is a written contract approved by DOLE
iii. iii. The conditions provided in the first instance are met
13
Rule on Employment of Minors

B. Above 15 but below 18 – May be employed in any non-

hazardous work.
C. Above 18 – No prohibition.

14
Employment Conditions (Sec 12 RA 7610 as amended)
Such conditions must be strictly followed:
1. The total number of hours worked shall be in accordance with
Section 15 of Department Order No. 65-04;
<15 – 20 hours per week; 4 hours at any day; not allowed to
work between 8 pm – 6 am
15 to <18 – 40 hours per week; 8 hours per day; not allowed
to work between 10 pm – 6 am
2. The employment does not endanger the child’s life, safety,
health and morals, nor impair the child’s normal development;
3. The child is provided with at least the mandatory elementary or
secondary education; and
4. The employer secures a work permit for the child 15
Working Permit; When Required (DC No. 2-2018
A working child permit is required if a child below 15 years of age:
1. Will be engaged in public entertainment or information regardless
of his/her role in a project. This includes projects which are non-
profit, advocacy materials or political advertisements; or
2. Is a foreign national and will be engaged in public entertainment
in the PH;
3. Will be engaged as regular extra or as part of a crowd and is
included in the script or storyboard;
4. Has been selected for a project after undergoing auditions,
workshops or VTR screenings; or
5. Has been selected as semi-finalist in a singing, dance or talent
contest for a television show. 16
Working Permit; When Not Required (DC No. 2-2018
A working child permit is not required if a child below 15 years of age:
1. Is a spot extra or is cast outright on the day of filming or taping of a project;
2. Will join auditions or VTR screenings;
3. Is part of the audience of a live television show unless the child’s
participation is expected;
4. Is picked or chosen as contestant from the audience of a live television
show;
5. Is a contestant for a television show but has not yet been selected as a
semi-finalist;
6. Is a recipient of gift-giving activities in television;
7. Is a participant in school-related performance;
8. Is a participant in sports activities, trainings or workshops; or
9. Will be featured in a documentary material
17
Ownership, Usage and Administration of the Working
Child’s Income (Sec. 12-B, R.A. 7610).
The wages, salaries, earnings and other income of the
working child shall belong to him/her in ownership and shall
be set aside primarily for his/her support, education or skills
acquisition and secondarily to the collective needs of the
family: Provided, That not more than twenty percent (20%)
of the child's income may be used for the collective needs of
the family.

18
Prohibition on Certain Advertisements

Employment of child models in all commercial

advertisements promoting the following shall be prohibited:
1. Alcoholic beverage
2. Intoxicating drinks
3. Tobacco and its by products
4. Gambling
5. Violence
6. Pornography
19
3. Kasambahay
R.A. No. 10361
Definition of Terms (Sec. 4 RA 10361)
Ø Domestic work - Work performed in or for a household or households.
Ø Domestic worker or “Kasambahay” - 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.
Ø Employer – Any person who engages and controls the services of a domestic worker and
is party to the employment contract.
Ø Household - The immediate members of the family or the occupants of the house that are
directly provided services by the domestic worker.
21
Persons Covered (Sec. 3[d], R.A. 10361)

All kasambahay engaged in domestic work, whether on a live-in or live-out

arrangement, such as, but not limited to, the following:
1. General househelp;
2. Nursemaid or Yaya;
3. Cook;
4. Gardener;
5. Laundry person;
6. Working children or domestic workers 15 years and above but below
18 years of age; or
7. Any person who regularly performs domestic work in one household
on an occupational basis (live-out arrangement)
22
Persons not covered

1. Service providers
2. Family drivers
3. Children under foster family arrangement; and
4. Any other person who performs work occasionally or sporadically
and not on an occupational and regular basis.

23
Examples of Occasional or Sporadic Work

1. A janitress doing irregular laundry work for a household

during rest day;
2. A construction worker doing casual gardening job for a
household; or
3. A hospital nurse or a student doing baby-sitting job.

24
Employable Age for a Kasambahay (Sec. 16 RA 10361)

1. The employable age for a kasambahay is 15 years old and above.

2. The employment of children 15 but below 18 years of age may be made
under the following conditions:
a. They shall not be allowed to work for more than 8 hours a day, and in
no case beyond 40 hours a week;
b. They shall not be allowed to work between 10 p.m. to 6 a.m. of the
following day;
c. They shall not be allowed to do hazardous work; and
d. They shall not be denied access to education and training.
The consent of the parent/guardian of working children is required in the
employment contract. 25
Modes of Hiring

1. Direct Hiring
2. Through private employment agencies registered with the
DOLE regional offices

26
Pre-employment Requirements (Sec. 12 RA 10361)

Before entering into an employment contract, the employer has the

option to require the following from a kasambahay:
1. Medical certificate or health certificate issued by a local
government health officer;
2. Barangay and police clearance;
3. NBI clearance; and
4. Duly authenticated birth certificate or, if not available, voter’s
identification card, baptismal record, or passport showing the
kasambahay’s age.
27
Contract of Employment (Sec. 11 RA 10361)

An employment contract shall be executed by and between the

domestic worker and the employer before the commencement of the
service in a language or dialect understood by both the domestic
worker and the employer.

28
Contents of the Contract (Sec. 11 RA 10361)

1. Duties and responsibilities of the kasambahay;

2. Period of employment;
3. Compensation;
4. Authorized deductions;
5. Hours of work and proportionate additional payment;
6. Rest days and allowable leaves;
7. Board, lodging and medical attention;
8. Agreements on deployment expenses, if any;
9. Loan agreement;
10. Termination of employment; and
11. Any other lawful condition agreed upon by both parties.
29
Kasambahay cannot acquire regularity of employment

GR: All the indicia of regularity of employment remain absent in the

employment of domestic helpers.

XPN: Mere fact that the househelper is working within the premises of the
business of the employer and in relation to or in connection with the business,
as in staff houses for its guest or even for its officers and employees, warrants
the conclusion that such househelper is and should be considered as a regular
employee (Remington Industrial Sales Corp. v. Castaneda, G.R. 169295-96, November 20,
2006).

30
Mandatory Benefits of a Kasambahay (Art. IV Sec 19-31)

1. Monthly minimum wage;

2. Daily rest period of 8 (total) hours;
3. Weekly rest period of 24 (uninterrupted) hours
4. 5 days annual service incentive leave with pay;
5. 13th month pay;
6. SSS benefit;
7. PhilHealth benefit; and
8. Pag-IBIG benefit

31
Other Rights (Rule IV Sec. 1 of IRR)

1. Freedom from employer’s interference in wage disposal;

2. Standard of treatment;
3. Board, lodging, and medical attendance;
4. Right to privacy;
5. Access to outside communication;
6. Access to education and training;
7. Right to be provided a copy of the employment contract;
8. Right to Certificate of Employment;
9. Right to form, join, or assist labor organization;
10. Right to terminate employment based on just cause; and
11. Right to exercise religious beliefs and cultural practices.
32
Basic Necessities

1. At least 3 adequate meals a day, taking into

consideration the kasambahay’s religious beliefs and
cultural practices;
2. Humane sleeping condition; and
3. Appropriate rest and basic medical assistance.

33
Monthly Minimum Wage (Sec. 24 RA 10361)

Employed in Minimum Wage

NCR P2,500
Cities and 1st Class P2,000
Municipalities
Other Municipalities P1,000

34
Mode of Payment of Wages (Rule IV Sec 3 IRR)

The Kasambahay shall be paid his/her wages in cash. No

payment by means of promissory notes, vouchers, coupons,
tokens, tickets, chits, or any object other than cash shall be
allowed.

35
Frequency of Payment of Wages (Rule IV Sec 4 IRR)

The Kasambahay shall be paid his/her wages at least

once a month.

36
Rest Period (Rule IV Sec 5 and 6 IRR)

Ø Daily Rest Period

The kasambahay is entitled to a total daily rest period of at least 8
hours.

Ø Weekly Rest Period

The Kasambahay shall be entitled to at least twenty-four (24)
consecutive hours of rest in a week. The employer and the
Kasambahay shall agree in writing on the schedule of the weekly
rest day but the preference of the Kasambahay, when based on
religious grounds, shall be respected. 37
Other Agreement as to Rest Period (Rule IV Sec 6 IRR)

Nothing in the provision shall deprive the Kasambahay and the

employer from agreeing to the following:
a. Offsetting a day of absence with a particular rest day;
b. Waiving a particular rest day in return for an equivalent daily
rate of pay;
c. Accumulating rest days not exceeding five (5) days; or
d. Other similar arrangements.

38
Service Incentive Leave (Rule IV Sec 7 IRR)

A Kasambahay who has rendered at least one (1) year of service shall
be entitled to an annual service incentive leave of at least five (5) days
with pay.

Any unused portion of said annual leave shall not be cumulative or

carried over to the succeeding years. Unused leaves shall not be
convertible to cash.

39
Thirteenth-Month Pay (Rule IV Sec 8 IRR)

The Kasambahay who has rendered at least one (1) month of

service is entitled to a thirteenth-month pay which shall not be
less than one-twelfth (1/12) of his/her total basic salary earned in a
calendar year.

The thirteenth-month pay shall be paid not later than December

24 of every year.

40
Social Security Benefits (Rule IV Sec 9 IRR)

A Kasambahay who has rendered at least one (1) month of service

shall be covered by the:
1. Social Security System (SSS)
2. Employees Compensation Commission (ECC)
3. Philippine Health Insurance Corporation (PhilHealth), and
4. Home Development Mutual Fund or Pag-IBIG
shall be entitled to all the benefits in accordance with their
respective laws, rules and regulations

41
Social Security Benefits (Rule IV Sec 9 IRR)

GR: The employer shall pay the SSS premium, and PHILHEALTH
and PAG-IBIG contributions of the kasambahay.

XPN: If the wage of the kasambahay is P5, 000.00 or more, the

kasambahay will pay his/her share in the premiums/contributions.

42
Grounds for Termination by Kasambahay
(Rule VII Sec 2 IRR)
1. Verbal or emotional abuse of the kasambahay by the employer or any member
of the household;
2. Inhuman treatment including physical abuse of the kasambahay by the
employer or any member of the household;
3. Commission of a crime or offense against the kasambahay by the employer or
any member of the household;
4. Violation by the employer of the terms and conditions of the employment
contract and other standards set forth under the law;
5. Any disease prejudicial to the health of the kasambahay, the employer, or
member/s of the household; and
6. Other causes analogous to the foregoing 43
Grounds for Termination by Employer
(Rule VII Sec 3 IRR)
1. Misconduct or willful disobedience by the kasambahay of the lawful order of the
employer in connection with the former’s work;
2. Gross or habitual neglect or inefficiency by the kasambahay in the performance of
duties;
3. Fraud or willful breach of the trust reposed by the employer on the kasambahay;
4. Commission of a crime or offense by the kasambahay against the person of the
employer or any immediate member of the employer’s family;
5. Violation by the kasambahay of the terms and conditions of the employment contract
and other standards set forth under the law;
6. Any disease prejudicial to the health of the kasambahay, the employer, or member/s
of the household; and
7. Other causes analogous to the foregoing 44
Period for Termination (Sec 32 RA 10361)

Ø Duration is determined in the contract – Anytime

Ø Duration is not determined in the contract - Either the
employer or the kasambahay may give notice to end the
working relationship 5 days before the intended date of the
termination of service.

45
Effect of Unjust Dismissal by Employer
(Sec 32 RA 10361)
The kasambahay shall receive the following if he/she is
unjustly dismissed by the employer:
1. Outright payment of earned wage; and
2. Indemnity benefit in the form of wage equivalent to 15
days work.

46
Liabilities of kasambahay who leaves without
justifiable reason (Sec 32 RA 10361)
1. Forfeiture of wage equivalent to 15 days work; and
2. Reimbursement of the deployment expenses, if the
employment contract is terminated within 6 months from
employment.

47
4. Homeworkers
D.O. No. 05-92
Definition of Terms

Ø Homeworker - Those who perform in or about his home any processing of

goods or materials, in whole or in part, which have been furnished directly or
indirectly by an employer and thereafter to be returned to the latter (Rule XIV
of IRR).
Ø Industrial Homework - It is a system of production under which work for an
employer or contractor is carried out by a homeworker 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.
Ø Industrial Homeworker – A worker who is engaged in industrial homework. 49
How is it different to a Kasambahay?

Kasambahay Homeworker
Minister to the personal Performs in or about his own
needs and comfort of his home any processing of
employer in the latter’s home goods or materials

50
Duty of employers when contracting homeworkers
(Sec. 11 DO 05-92)

It shall be the duty of the employer to provide in such

contract that the employees or homeworkers of the
contractor and the latter’s subcontractor shall be paid in
accordance with the LC.

51
Right of Homeworker to form Labor Organization
(Sec 3 DO 05-92)

DO No. 5, replacing Rule XIV of the IRR Book III of the LC,
authorizes the formation and registration of labor
organization of industrial homeworkers.

“Homeworkers shall have the right to form, join or assist

organizations of their own choosing, in accordance with
law.”

52
Payment to Homework (Sec 6 DO 05-92)

Immediately upon receipt of the finished goods or articles, the employer

shall pay the homeworker or the contractor or subcontractor, as the case
may be, for the work performed less corresponding homeworkers’ share
of SSS, MEDICARE and ECC premium contributions which shall be
remitted by the contractor/subcontractor or employer to the SSS with the
employers’ share.

However, where payment is made to a contractor or subcontractor, the

homeworker shall likewise be paid immediately after the goods or articles
have been collected from the workers
53
Conditions for Payment of Work (Sec 9 DO 05-92)

The employer may require the homeworker to redo the work

which has been improperly executed without having to pay the
stipulated rate again.

An employer, contractor, or subcontractor need not pay the

homeworker for any work which has been done on goods and
articles which have been returned for reasons attributable to
the fault of the homeworker
54
Conditions for Deduction of Homeworker’s Earnings
(Sec 8 DO 05-92)
GR: The employer, contractor or subcontractor shall not make any deduction from the
homeworker’s earnings for the value of materials which have been lost, destroyed,
soiled or otherwise damage.
XPNs: Unless the following conditions are met:
1. The homeworker is clearly shown to be responsible for the loss or damage;
2. The employee is given reasonable opportunity to show cause why deductions
should not be made;
3. The amount of such deduction is fair and reasonable and shall not exceed
the actual loss or damages; and
4. The deduction is made at such rate that the amount deducted does not
exceed 20% of the homeworker’s earnings in a week
55
Prohibitions for Homework (Sec 13 DO 05-92)

The following shall be prohibited as homework:

1. Explosives, fireworks and similar articles;
2. Drugs and poisons; and
3. Other articles, the processing of which requires
exposure to toxic substances

56
5. Night Workers
R.A. No. 10151 and D.O. No. 119-12
Who is a Night Work?

Night work is at least seven consecutive hours of

work between 10:00 pm and 6:00 am. (D.O. No. 119-12)

58
Who is a Night Worker?

ANY EMPLOYED PERSON whose work covers the

period from ten o’clock in the evening to six o’clock
the following morning, provided that the worker
performs no less than seven (7) consecutive hours
of work. (D.O. No. 119-12)

59
Who are the persons covered by night work? (Art. 154)

GR: All persons who shall be employed or permitted or suffered to work

at night.

XPN: Those employed in the following:

1. Agriculture
2. Stock raising
3. Fishing
4. Maritime transport
5. Inland navigation
During a period of not less than 7 consecutive hours, including the interval from
12 am to 5 am to be determined by the SOLE after consultations.
60
Right of the Workers to Health Assessment (Art. 155)

AT THEIR REQUEST, workers shall have the right to undergo a

health assessment without charge and to receive advice on how to
reduce or avoid health problems associated with their work:
1. Before taking up an assignment as a night worker;
2. At regular intervals during such assignment or
3. If they experienced health problems during such an
assignment
Note: Finding of such assessments shall be confidential and shall
not be used to their detriment.
XPN: Finding of unfitness to work
61
Mandatory Facilities (Art. 156)

1. Suitable first-aid facilities

2. Safe and healthful working conditions and adequate or
reasonable facilities such as sleeping or resting quarters in the
establishment and transportation from the work premises to
the nearest point of their residence subject to exceptions and
guidelines to be provided by the DOLE.

62
Unfitness for Night Work for Health Reasons (Art. 157)

1. The night worker shall be transferred to a job for which they are
fit to work whenever practicable. Transfer must be to similar or
equivalent position and in good faith.
2. If transfer is impracticable OR the worker is unable to render
night work for a continuous period of not less than six months,
the worker shall be granted the same company benefits as
those who are unable to work due to illness.
3. A night work temporarily unfit for night work for a period of less
than six months shall be given the same protection against
dismissal or notice of dismissal (D.O. No. 119-12)
63
Women Night Workers (Art. 158)
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:
1. Before and after childbirth, for a period of at least sixteen (16) weeks,
which shall be divided between the time before and after childbirth;
2. 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:
a. During pregnancy;
b. During a specified time beyond the period, after childbirth is fixed
pursuant to number 1 above, the length of which shall be
determined by the DOLE after consulting the labor organizations
and employers. 64
Women Night Workers (Art. 158)
During the alternative to night work:
1. A woman worker shall not be dismissed or given notice of dismissal, except
for just or authorized causes provided for in this Code that are not
connected with pregnancy, childbirth and childcare responsibilities.
2. 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.
3. Pregnant women and nursing mothers may be 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 case of pregnant employees,
the period of the pregnancy that they can safely work.
65
Women Night Workers (Art. 158)
During the alternative to night work:
4. 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.
5. The provisions of this article shall not leave the effect of reducing the
protection and benefits connected with maternity leave under existing
laws."

66
Compensation (Art. 159)

1. The compensation shall recognize the exceptional nature of

night work.

2. The compensation shall include, but not limited to, those

provided by the Labor Code, other laws, company policy, or
CBA.

67
6. Apprentices and Learners
Articles 57 to 72 and 73 to 77
Apprentices
Articles 57 to 72
Implementing Agency

Section 18 of the TESDA Act of 1994 expressly empowers

TESDA to implement and administer the apprenticeship
program in accordance with existing laws, rules and
regulations.

70
Definition of Terms (Art. 58)
Ø Apprenticeship – practice training on the job supplemented by related theoretical
instruction involving a contract between an apprentice and an ER on an approved
apprenticeable occupation.
Ø Apprentice - Any worker who is covered by a written apprenticeship agreement
with an individual ER or any of the entities recognized under the LC.
Ø Apprenticeable Occupation - Any trade, form of employment or occupation which
requires more than three (3) months of practical training with theoretical
instruction officially endorsed by the tripartite body and approved for
apprenticeship by the TESDA.
Ø Apprenticeship Agreement – Employment contract whereby ER binds himself to
train the apprentice and the apprentice accepts the terms in such contract and
agrees to work for the ER. 71
Who are qualified to be an apprentice? (Art. 59)

1. At least 15 years of age

NOTE: Those below 18 years of age may be eligible for apprenticeship only
in non-hazardous occupations.
2. Physically fit for the occupation;
3. Possess vocational aptitude and capacity;
4. Possess:
a. The ability to comprehend, and
b. Follow oral and written instructions;
5. The company must have an apprenticeship program duly approved by the
SOLE.
72
AT LEAST 15 YEARS OF AGE

Article 59 LC At least 14 years of age

IRR At least 15 years of age

RA 9231 amending RA 7610 (Special Protection of Children Against Child Abuse,

Exploitation and Discrimination Act)
Children below 15 years of age shall not be employed except if he/she falls under
any of the exceptions mentioned and enumerated under the law.

73
Who are qualified to be an apprentice? (Art. 59)

1. At least 15 years of age

NOTE: Those below 18 years of age may be eligible for apprenticeship only
in non-hazardous occupations.
2. Physically fit for the occupation;
3. Possess vocational aptitude and capacity;
4. Possess:
a. The ability to comprehend, and
b. Follow oral and written instructions;
5. The company must have an apprenticeship program duly approved by the
SOLE.
74
When Occupation Deemed Hazardous
1. The nature of the work exposes workers to dangerous environmental elements,
contaminants or work conditions, including ionizing radiation, chemicals, fire,
flammable substances, noxious components, and the like;
2. The workers are engaged in construction work, logging, fire-fighting, mining,
quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized
farming;
3. The workers use or are exposed to heavy or power-driven machinery or explosive
powder-actuated equipment;
4. The workers are engaged in the manufacture or handling of explosives and other
pyrotechnic products;
5. The workers use or are exposed to biological agents such as bacteria, viruses and
other parasites. 75
Who are qualified to be an apprentice? (Art. 59)

1. At least 15 years of age

NOTE: Those below 18 years of age may be eligible for apprenticeship only
in non-hazardous occupations.
2. Physically fit for the occupation;
3. Possess vocational aptitude and capacity;
4. Possess:
a. The ability to comprehend, and
b. Follow oral and written instructions;
5. The company must have an apprenticeship program duly approved by the
SOLE.
76
Requisites for Employment of Apprentices (Art. 60)

1. The ER should be engaged in a business that is

considered a highly technical industry
2. The job which the apprentice will work on should be an
apprenticeable occupation

77
Highly Technical Industry

Trade, business, enterprise, industry, or other activity

which utilizes the application of advanced
technology.

Example: Aircraft mechanics

78
Requisites for Employment of Apprentices (Art. 60)

1. The ER should be engaged in a business that is

considered a highly technical industry
2. The job which the apprentice will work on should be an
apprenticeable occupation

79
Apprenticeable Occupation

Any trade, form of employment or occupation which

requires more than three (3) months of practical
training with theoretical instruction officially
endorsed by the tripartite body and approved for
apprenticeship by the TESDA.

80
Employment Status of Apprentices

Contractual workers whose length of service depends

on the term provided for in the apprenticeship
agreement. Thus, ER is not obliged to employee the
apprentice after the completion of his or her training.

81
Conditions for Employment of an Apprentice

1. Should be an apprenticeable trade as determined by TESDA

2. Prior approval by the DOLE of the proposed apprenticeship
program is a condition sine qua non before an
apprenticeship agreement can be validly entered into (Nitto
Enterprises v. NLRC, 248 SCRA 654).

NOTE: An apprenticeship program should first be approved by the DOLE before

an apprentice may be hired, otherwise a person hired will be considered a
regular EE (Century Canning Corp. v. CA, G.R. No. 152894, August 17, 2007).
82
Period of Apprenticeship (Art. 61)

Apprenticeship must not exceed 6 months.

NOTE:
1. 2 months/400 hours: Trades or occupations which normally
require 1 year or more for proficiency
2. 1 month/200 hours: Occupations and jobs which require more than
3 months but less than 1 year for proficiency (IRR, Book II, Rule VI, Sec. 19).

83
Status of Apprentices after period of Apprenticeship

He is deemed a regular employee. He cannot be hired

as a probationary employee since the apprenticeship
is deemed the probationary period.

84
Deductibility of Training Costs (Art. 71)

An additional deduction from taxable income of one-half (1/2) of the value of

labor training expenses incurred for developing the productivity and efficiency
of apprentices shall be granted to the organizers.

Conditions:
1. The apprenticeship program is duly recognized by TESDA;
2. Deduction shall not exceed ten (10%) percent of direct labor wage; and
3. The person or enterprise who wishes to avail itself of this incentive should
pay his apprentices the minimum wage.

85
Compensation of an Apprentice (Art. 61)

GR: Compensation shall not be less than 75% of the statutory minimum wage for
the 1st 6 months (except OJT); thereafter, shall be paid in full minimum wage,
including the full COLA (IRR, Book II, Rule VI, Sec. 29).

XPN: Art. 72 of the LC provides that the SLE may authorize the hiring of
apprentices without compensation whose training on the job is required:
1. By the school or;
2. By a training program curriculum or;
3. As requisite for graduation or
4. As requisite for board examination.

86
Apprenticeship Agreement (Art. 61)

Apprenticeship agreements, including the wage rates of apprentices, shall:

1. Conform to the rules issued by SLE.
2. The period of Apprenticeship shall not exceed 6 months.
3. Apprenticeship agreements providing for wage rates below the legal
minimum wage, which in no case shall start below 75% of the applicable
minimum wage, may be entered into only in accordance with
Apprenticeship programs duly approved by the SLE.
4. The DOLE shall develop standard model programs of Apprenticeship
(IRR, Book II, Rule VI, Sec. 18).

87
Persons to Sign Apprenticeship Agreement

Person to sign the apprenticeship agreement

1. The employer or his agent, or
2. The apprentice
If minor, the agreement shall be signed in his behalf
by his parent or guardian
If the parent or guardian is not available, by an
authorized representative of the Department of
Labor and Employment

88
Working Scholars

There is no ER-EE relationship between students on one hand,

and schools, where there is written agreement between them
under which the former agree to work for the latter in exchange
for the privilege to study free of charge provided the students
are given real opportunities, as may be reasonable and
necessary to finish their chosen courses under such agreement
(IRR, Book III, Rule X, Sec. 14).

89
Procedure for the Termination of Apprenticeship

The party terminating shall:

1. Serve a written notice on the other at least 5 days
before actual termination,
2. Stating the reason for such decision; and
3. A copy of said notice shall be furnished to the
Apprenticeship Division concerned (IRR, Book II, Rule VI, Sec.
19).

90
Who can terminate the apprenticeship?

1. Either party may terminate an agreement after the

apprenticeship period but only for a valid cause.
2. It may be initiated by either party upon filing a complaint or
upon DOLE’s own initiative.

91
Who can terminate the apprenticeship?

1. Either party may terminate an agreement after the

apprenticeship period but only for a valid cause.
2. It may be initiated by either party upon filing a complaint or
upon DOLE’s own initiative.

92
Learners
Articles 73 to 77
Definition of Terms

Ø Learnership - Any practical training on learnable occupation which

may or may not be supplemented related theoretical instructions.
Ø Learner - They are 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 for a
period not exceeding three (3) months, whether or not such
practical training is supplemented by theoretical instructions (IRR,
Book II, Rule VII, Sec. 1[a]).
Ø Learnership Agreement – Employment and training contract
entered into between the ER and the learner.

94
Employment of Learners (Art. 74)

Learners may be employed when:

1. No experienced worker is available
2. It is necessary to prevent curtailment of employment
opportunities; and
3. Employment does not create unfair competition in
terms of labor costs or impair or lower working
standards.

95
Contents of Learnership Agreement (Art. 75)

Any employer desiring to employ learners shall enter into a learnership

agreement with them, which agreement shall include:
1. The names and addresses of the learners;
2. The duration of the learnership period, which shall not exceed 3
months;
3. The wages or salary rates of the learners which shall begin at not less
than 75% of the applicable minimum wage; and
4. A commitment to employ the learners if they so desire, as regular
employees upon completion of the learnership.

96
Employment of Minors

A learner must be at least 15 years of age.

NOTE: Those below 18 years of age shall not work in hazardous

occupations.

97
Persons who may employ learners

Only employers in semi-skilled and other industrial

occupations which are non-apprenticeable may
employ learners.

98
Pre-termination of Learnership Contract

If training is terminated by the employer before the

end of the stipulated period through no fault of the
learners, they are deemed regular employees (IRR, Book
II, Rule VII, Sec. 4). Provided, they have already been
trained for 2 months.

99
Learnership v. Apprenticeship
Basis Learnership Apprenticeship
Nature Training on the job in semi-skilled Training in trades which are
and other industrial occupation or apprenticeable, that is, practical
trades which are non-apprenticeable training on the job supplemented by
and which may be learned through related theoretical instruction for
practical training on the job in a more than 3 months.
relatively short period of time.
Duration of Shall not exceed 3 months More than 3 months but not to
Training exceed 6 months
Commitment With commitment to employ the No commitment to hire
to employ learner as a regular employee if he
desires upon completion of
learnership
100
Learnership v. Apprenticeship
Basis Learnership Apprenticeship
In case of pre- Considered a regular employee if Worker not considered as regular
termination of pre-termination occurs after 2 employee.
contract months of training and the dismissal
is without fault of the Learner.
Coverage Semi-skilled/Industrial occupations Highly technical industries and only
in industrial occupation
List There is a list of learnable trades by No list
TESDA
Written Requires learnership agreement Requires apprenticeship agreement
Agreement

101
7. Persons with Disability
R.A. 7277 as amended by R.A. 9442
Objective

The Magna Carta for Disabled Persons ensures equal

opportunities for disabled persons and prohibits
discrimination against them.

103
Definition of Terms
Ø Persons with Disability – Those suffering from restriction or different
abilities, as a result of a mental, physical or sensory impairment, to perform
an activity in the manner or within the range considered normal for a human
being.
Ø Impairment – Any loss, diminution or aberration of psychological,
physiological, or anatomical structure or function.
Ø Disability
1. A physical or mental impairment that substantially limits one or more
psychological, physiological, or anatomical functions of an individual or
activities of such individual
2. A record of such an impairment
3. Being regarded as having such an impairment 104
Definition of Terms

Ø Handicap – Disadvantage for a given individual, resulting from an

impairment or a disability that limits or prevents the function or activity that
is considered normal given the age and sex of the individual.
Ø Marginalized Persons with Disability – Persons with disability who lack
access to rehabilitative services and opportunities to be able to participate
fully in socio-economic activities and who have no means of livelihood and
whose incomes fall below the poverty threshold.

105
Equal Opportunities for Employment

1. Under RA 7277, PWDs are entitled to equal opportunity for

employment by stating that no disabled person shall be denied
access to opportunities for suitable employment.
2. A qualified disabled employee 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

106
Employment of PWD (Art. 79)

1. When their employment is necessary to prevent

curtailment of employment opportunities; and
2. When it will not create unfair competition in labor
costs or lower working standards

107
Can PWDs be a regular employee?

Persons with disability can be a regular employee if work is

usually or necessarily desirable to the business (Bernardo v.
NLRC, G.R No. 122917, July 12, 1999).

108
Not all PWDs are considered disabled workers

The mere fact that a worker has a disability does not make
him a disabled worker because his disability may not
impair his efficiency or the quality of his work. If despite
his disability he can still efficiently perform his work, he
would be considered a qualified disabled worker entitled
to the same treatment as qualified able-bodied workers
(Bernardo v. NLRC, G.R. No. 122917, July 12, 1999).

109
Rights of PWDs
1. Equal opportunity for employment - No PWD shall be denied access to opportunities
for suitable employment. Five percent (5%) of all casual emergency and contractual
positions in the DSWD, Health, Education and other government agencies, offices or
corporations engaged in social development shall be reserved for PWDs (Section 5,
Chapter 1, Title II, RA 7277) except Bona Fide Occupational Qualification
2. Sheltered employment - The Government shall endeavour to provide them work if
suitable employment for disabled persons cannot be found through open employment
3. Apprenticeship - PWD may be hired as apprentices or learners if their disability is not
such as to effectively impede the performance of job operations in the particular
occupations for which they are hired (LC, Art. 81).
4. Vocational rehabilitation - To develop the skills and potentials of disabled workers and
enable them to compete in the labor market
5. Vocational guidance and counselling 110
Wage Rate (Art. 80)

GR: Handicapped workers are entitled to not less than 75% of

the applicable adjusted minimum wage.

XPN: All qualified handicapped workers shall receive the full

amount of the minimum wage rate prescribed herein pursuant to
RA 7277 (Wage Order No. NCR-18, Effective October 4, 2013).

111
Wage Rate (Art. 81)

NOTE: Generally, if a PWD is hired as an apprentice or learner, he

shall be paid not less than seventy-five percent (75%) of the
applicable minimum wage.

XPN: If the PWD, however is hired as a learner and employed in

piece or incentive-rate jobs during the training period, he shall
be paid one hundred percent (100%) of the applicable minimum
wage.
112
Incentives for Employers

1. Entitled to an additional deduction, from their gross income, equivalent to

25% of the total amount paid as salaries and wages to disabled persons

Such entities present proof as certified by the DOLE that disabled

persons are under their employ
The disabled EE is accredited with the DOLE and the Department
of Health as to his disability, skills and qualifications.

2. Private entities that improve or modify their physical facilities in order to

provide reasonable accommodation for disabled persons shall also be
entitled to an additional deduction from their net taxable income, equivalent
to 50% of the direct costs of the improvements or modifications
113
8. Solo Parents
R.A. No. 8972
Who is a 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 offender: Provided, That the mother keeps and raises the child;
2. Parent left solo or alone with the responsibility of parenthood:
a. due to death of spouse;
b. while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;
c. due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;
d. due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she
is entrusted with the custody of the children;
e. due to declaration of ‘ity or annulment of marriage as decreed by a court or by a church as long as
he/she is entrusted with the custody of the children;
f. due to abandonment of spouse for at least one (1) year;
3. Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having
others care for them or give them up to a welfare institution;
4. Any other person who solely provides parental care and support to a child or children;
5. 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. 115
Rights of Solo Parents

Ø Section 6. Flexible Work Schedule. – The employer shall provide for a flexible
working schedule for solo parents: Provided, That the same shall not affect
individual and company productivity: Provided, further, That any employer may
request exemption from the above requirements from the DOLE on certain
meritorious grounds.
Ø Section 7. Work Discrimination. – No employer shall discriminate against any
solo parent employee with respect to terms and conditions of employment on
account of his/her status.
Ø Section 8. Parental Leave. – In addition to leave privileges under existing laws,
parental leave of not more than seven (7) working days every year shall be granted
to any solo parent employee who has rendered service of at least one (1) year.
116
9. Migrant Workers
R.A. No. 8042
9. Security Guards
D.O. No. 150-16
Salient Features

Ø ER-EE Relationship – The Security Service Contractor (SSC) or Private Security

Agency (PSA) is the employer of its security guards and other private security
personnel on duty detail to principal or client under a Service Agreement (Sec 3.1)
Ø Probationary Employment – The probationary period of newly-hired security
guard and other private security personnel in the private security industry shall
not exceed six (6) months (Sec 3.2).
Ø Regular Employment – Any security guard or other private security personnel who
is allowed to work after the probationary period or in the absence of a valid
probationary contract shall be considered a regular employee. Security guards
and other private security personnel affected by repeated hiring-firing-rehiring
scheme for short periods of time, the aggregate duration of which is at least six
(6) months, shall be considered regular employees (Sec 3.3) 119
Salient Features

Ø Entitlement to Minimum Wage – Unless a higher minimum wage is agreed upon by the
parties, the security guards and other private security personnel shall be entitled to
receive a salary of not less than the minimum wage rate prescribed for non-agricultural
sector or industry in the region where he/she is assigned, regardless of the nature of
business of the principal (Sec 7.3)
Ø Right to Security of Tenure and Due Process – Security guards and other private
security personnel shall enjoy security of tenure in their employment as provided by
law. Their services can only be terminated for just or authorized causes after due
process.
Ø Reserved Status – A security guard and other private security personnel may be place in
a work pool or on reserved status due to lack of service assignment after the expiration
or termination of the Service Agreement with the principal where he/she is assigned
(Sec 10.3) 120