The Labor Code of the Philippines - PRESIDENTIAL R.A. No.

10706 (2015) - “An Act Protecting Seafarers

DECREE NO. 442 OF 1974, AS AMENDED AND Against Ambulance Chasing and Imposition of Excessive
RENUMBERED (November 1, 1974) Fees, and Providing Penalties Therefor” or the Seafarers
Protection Act which provides that attorney’s fees or
A Decree Instituting a Labor Code Thereby Revising and
fees for representation / appearance before the NLRC,
Consolidating Labor and Social Laws to Afford
NCMB, POEA, and any of the DOLE offices, shall not
Protection to Labor, Promote Employment and Human
exceed ten percent (10%) of the compensation or
Resources Development and Insure Industrial Peace
benefit awarded to the seafarer of his/her heirs.
Based on Social Justice
R.A. No. 10691 (2015) - “An Act Defining the Role of the
R.A. No. 10151 – An act allowing the employment of
DOLE, LGUs, and Accredited NGOs in the Establishment
night workers.
and Operation of the PESO, and the Operation of Job
R.A. No. 10757 (2015) - “An Act Reducing the Placement Offices in Educational Institution, Otherwise
Retirement Age of Surface Mine Workers from Sixty (60) Known as the PESO Act of 1999.”
to Fifty (50) Years.”
PD NO. 442 – LABOR CODE OF THE PHILIPPINES
R.A. No. 10741 (2016) - “An Act Strengthening the
CHAPTER 1 – General Provisions
Operations of the NLRC.”
ART. 3. Declaration of Basic Policy. – The State shall
Department of Labor and Employment (DOLE)
afford protection to labor, promote full employment,
R.A. No. 11360 (2019), An Act Providing that Service ensure equal work opportunities regardless of sex, race
Charges Collected by Hotels, Restaurants and Other or creed.
Similar Establishments be Distributed in Full to All
ART. 4. Construction in Favor of Labor. – All doubts in
Covered Employees.
the implementation and interpretation of the provisions
R.A. No. 11210 (2019) - “An Act Increasing the of this Code, including its implementing rules and
Maternity Leave Period to One Hundred Five (105) Days regulations, shall be resolved in favor of labor.
for Female Workers with an Option to Extend for an
ART. 8. Transfer of Lands to Tenant-Workers. – Being a
Additional Thirty (30) Days Without Pay, and Granting
vital part of the labor force, tenant-farmers on private
an Additional Fifteen (15) Days for Solo Mothers, and
agricultural lands primarily devoted to rice and corn
for Other Purposes.”
under a system of share crop or lease tenancy whether
R.A. No. 11058 (2018) - “An Act Strengthening classified as landed estate or not shall be deemed
Compliance with Occupational Safety and Health owner of a portion constituting a family-size farm of five
Standards and Providing Penalties for Violations (5) hectares if not irrigated and three (3) hectares if
Thereof.” irrigated.

R.A. No. 10911 (2016) - “An Act Prohibiting In all cases, the land owner may retain an area of not
Discrimination Against Any Individual in Employment on more than seven (7) hectares if such landowner is
Account of Age and Providing Penalties Therefor,” or cultivating such area or will now cultivate it.
the “Anti-Age Discrimination in Employment Act.”
ART. 9. Determination of Land Value. – For the purpose
R.A. No. 10917 (2016) - “An Act Strengthening and of determining the cost of the land to be transferred to
Expanding the Coverage of the Special Program for the tenant-farmer, the value of the land shall be
Employment of Students, Otherwise Known as the equivalent to two and one-half (2-1/2) times the
Special Program for Employment of Students (SPES).” average harvest of three (3) normal crop years
immediately preceding the promulgation of Presidential
R.A. No. 10801 (2016) - “An Act Governing the Decree No. 27 on October 21, 1972.
Operations and Administration of the Overseas Workers
Welfare Administration,” otherwise known as the The total cost of the land, including interest at the rate
Overseas Workers Welfare Administration Act. of six percent (6%) per annum, shall be paid by the
tenant in fifteen (15) years of fifteen (15) equal annual i) "Emigrant" means any person, worker or
amortizations. otherwise, who emigrates to a foreign country
by virtue of an immigrant visa or resident
In case of default, the amortization due shall be paid by
permit or its equivalent in the country of
the farmers’ cooperative in which the defaulting tenant-
destination.
farmer is a member, with the cooperative having a right
of recourse against him. R.A. No. 8759 - “An Act Institutionalizing a National
Facilitation Service Network Through the Establishment
ART. 10. Conditions of Ownership. – No title to the land
of a Public Employment Service Office in Every Province,
acquired by the tenant-farmer under Presidential
Key City and Other Strategic Areas Throughout the
Decree No. 27 shall be actually issued to him unless and
Country” or the Public Employment Service Office
until he has become a full-fledged member of a duly
(PESO) Act of 1999.
recognized farmers’ cooperative.
R.A. No. 10691 - An Act Defining the Role of the
Title I – RECRUITMENT AND PLACEMENT OF WORKERS
Department of Labor and Employment (DOLE), the Local
Chapter I – GENERAL PROVISIONS Government Units (LGUs), and Accredited Non-
Government Organizations (NGOs) in the Establishment
ART. 13. Definitions. and Operation of the Public Employment Service Office
a) "Worker" means any member of the labor (PESO), and the Operation of Job Placement Offices in
force, whether employed or unemployed. Educational Institutions (EIs), Amending for the Purpose
b) "Recruitment and placement" refers to any act Sections 3, 5, 6, 7 and 9 of Republic Act No. 8759,
of canvassing, enlisting, contracting, Otherwise Known as the “Public Employment Service
transporting, utilizing, hiring or procuring Office Act of 1999.”
workers, and includes referrals, contract Sec. 3 of R.A. No. 10691 provides:
services, promising or advertising for “Establishment of the Public Employment Service Office.
employment, locally or abroad, whether for – To carry out the above declared policy, there shall be
profit or not. established in all provinces, cities, and municipalities a
c) “Private fee-charging employment agency" Public Employment Service Office, hereinafter referred
means any person or entity engaged in to as ‘PESO’, which shall be operated and maintained by
recruitment and placement of workers for a fee local government units (LGUs).
which is charged, directly or indirectly, from the
workers or employers or both. R.A. No. 6685 which requires private contractors to
d) "License" means a document issued by the whom national, provincial, city, and municipal public
Department of Labor authorizing a person or works projects have been awarded under contract to
entity to operate a private employment agency. hire at least 50% of the unskilled labor and 30% of
e) "Private recruitment entity" means any person skilled labor requirements.
or association engaged in the recruitment and
R.A. No. 10869 (2016) or the “JobStart Philippines Act”
placement of workers, locally or overseas,
which aims to shorten the youth's school to work
without charging, directly or indirectly, any fee
transition by enhancing the knowledge and skills
from the workers or employers.
acquired in formal education or technical training by
f) "Authority" means a document issued by the
jobseekers in order for them to become more
Department of Labor authorizing a person or
responsive to the demands of the labor market.
association to engage in recruitment and
placement activities as a private recruitment ART. 15. Bureau of Employment Services. – (a) The
entity. Bureau of Employment Services shall be primarily
g) "Seaman" means any person employed in a responsible for developing and monitoring a
vessel engaged in maritime navigation. comprehensive employment program. It shall have the
h) "Overseas employment" means employment of power and duty. (formulate, establish, develop)
a worker outside the Philippines.
ART. 16. Private Recruitment. – Except as provided in ART. 26. Travel Agencies Prohibited to Recruit. – Travel
Chapter II of this Title, no person or entity other than agencies and sales agencies of airline companies are
the public employment offices, shall engage in the prohibited from engaging in the business of recruitment
recruitment and placement of workers. and placement of workers for overseas employment
whether for profit or not.
ART. 17. Overseas Employment Development Board. –
An Overseas Employment Development Board is hereby ART. 27. Citizenship Requirement. – Only Filipino
created to undertake, in cooperation with relevant citizens or corporations, partnerships or entities at least
entities and agencies, a systematic program for seventy-five percent (75%) of the authorized and voting
overseas employment of Filipino workers in excess of capital stock of which is owned and controlled by
domestic needs and to protect their rights to fair and Filipino citizens shall be permitted to participate in the
equitable employment practices. recruitment and placement of workers, locally or
overseas.
ART. 18. Ban on Direct-Hiring. – No employer may hire
a Filipino worker for overseas employment except Sec. 23 of R.A. No. 8042, as amended by Sec. 14 of R.A.
through the Boards and entities authorized by the 10022, and Sec. 3 of R.A. No. 10022 mandate the POEA
Secretary of Labor. Direct-hiring by members of the to “regulate private sector participation in the
diplomatic corps, international organizations and such recruitment and overseas placement of workers by
other employers as may be allowed by the Secretary of setting up a licensing and registration system.”
Labor is exempted from this provision.
ART. 28. Capitalization. – All applicants for authority to
ART. 19. Office of Emigrant Affairs. – (a) Pursuant to the hire or renewal of license to recruit are required to have
national policy to maintain close ties with Filipino such substantial capitalization as determined by the
migrant communities and promote their welfare as well Secretary of Labor.
as establish a data bank in aid of national manpower
ART. 29. Non-transferability of License or Authority. –
policy formulation, an Office of Emigrant Affairs is
No license or authority shall be used directly or
hereby created in the Department of Labor.
indirectly by any person other than the one in whose
ART. 20. National Seamen Board. – (a) A National favor it was issued or at any place other than that
Seamen Board is hereby created which shall develop stated in the license or authority be transferred,
and maintain a comprehensive program for Filipino conveyed or assigned to any other person or entity.
seamen employed overseas.
ART. 35. Suspension and/or Cancellation of License or
R.A. No. 8042 - “Migrant Workers and Overseas Authority5 – The Minister of Labor shall have the power
Filipinos Act,” which defines the role and responsibilities to suspend or cancel any license or authority to recruit
of the respective government agencies involved in the employees for overseas employment for violation of
protection of OFWs. rules and regulations.

ART. 22. Mandatory Remittance of Foreign Exchange

Earnings. – It shall be mandatory for all Filipino workers
abroad to remit a portion of their foreign exchange
earnings to their families, dependents, and/or Chapter III – MISCELLANEOUS PROVISIONS
beneficiaries.

Chapter II – REGULATION OF RECRUITMENT AND

PLACEMENT ACTIVITIES

ART. 25. Private Sector Participation in the

Recruitment and Placement of Workers - private
employment sector shall participate in the recruitment
and placement of workers, locally and overseas, under
such guidelines, rules and regulations as may be issued
by the Secretary of Labor.