ANSWERS TO AZUCENA’S LABOR STANDARDS BOX

QUESTIONS
Chapter 1 – General Provisions benefits as may be provided by
Box 1 - Estacion law.
1. What is Labor law and
what does it aim to 3. Do the Philippines labor
achieve? laws meet international
Ans.: labor standards?
Labor legislation consists of Ans.:
statutes, regulations and Yes. The Philippines is a
jurisprudence governing the member of the International
relations between capital and Labor Organization (ILO) of the
labor by providing for certain UN, a specialized agency which
employment standards and a seeks the promotion of social
legal framework for negotiating, justice and internationally
adjusting and administering recognized human and labor
those standards and other rights. The Philippine Senate on
incidents of employment. March 19, 1948 passed
The aim and the reason Resolution No. 44 concurring to
and, therefore, the justification the country’s acceptance of
of labor laws is social justice. obligations under the ILO’s
2. What are the Constitution and By-laws.
Constitutional mandates 4. Are Philippine labor laws
pertaining to labor and pro-labor?
labor-management Ans.:
relations? Yes, the Labor Code states
Ans.: that “all doubts in the
The basic rights implementation and
guaranteed by the Constitution interpretation of the Labor Code
are: the right to organize including its implementing rules
themselves; to conduct and regulation shall be resolved
collective bargaining or in favor of labor”. The policy is
negotiation with management; to extend the decree’s
to engage in peaceful concerted applicability to a greater
activities, including to strike in number of employees to enable
accordance with law; to enjoy them to avail of the benefits
security of tenure; to work under the law, in consonance
under humane conditions; to with the State’s avowed policy
receive a living wage; and to to give maximum aid and
participate in policy and protection to labor.
decision-making processes Chapter II – Emancipation of
affecting their rights and Tenants
Box 2 - Ga

Page 1
1. What law governs SEC. 6. Retention Limits. -
agrarian reform? Except as otherwise provided
Ans: The Labor Code covers in this Act, no person may
agrarian reform in five(5) own or retain, directly, any
articles only. It is a subject public or private agricultural
governed principally by R.A. land, the size of which shall
no. 6657 (Comprehensive vary according to factors
Agrarian Reform Law of governing a viable family-
1988). sized farm, such as
commodity produced, terrain,
2. What are the objectives infrastructure, and soil
of agrarian reform? fertility as determined by the
Ans: Art. 7 of the Labor Code Presidential Agrarian Reform
states the Statement of Council (PARC) created
Objectives. “Inasmuch as the hereunder, but in no case
old concept of land shall the retention by the
ownership by a few has landowner exceed five (5)
spawned valid legitimate hectares. Three (3) hectares
grievances that gave rise to may be awarded to each
the violent conflict and social child of the landowner,
tension and the redress of subject to the following
such legitimate grievances qualifications: (1) that he is
being one of the fundamental at least fifteen (15) years of
objectives of the New age; and (2) that he is
Society, it has become actually tilling the land or
imperative to start directly managing the farm:
reformation with the Provided, That landowners
emancipation of the tiller of whose lands have been
the soil from his bondage.” covered by Presidential
Decree No. 27 shall be
3. What process and allowed to keep the area
conditions are observed originally retained by them
to make a tenant-farmer thereunder; Provided,
an owner under the further, That original
agrarian reform program? homestead grantees or direct
Ans: R.A. 6657 sets retention compulsory heirs who still
limits for landowners. Please own the original homestead
be guided by the pertinent at the time of the approval of
provisions of the said law. this Act shall retain the same
Sec. 6 provides the retention areas as long as they
limits and Sec. 16 sets forth continue to cultivate said
the procedure to make a homestead.
tenant-farmer an owner
under the agrarian reform The right to choose the area
law. to be retained, which shall be
compact or contiguous, shall

Page 2
pertain, to the landowner: three (3) months after the
Provided, however, That in effectivity of this Act .
case the area selected for Thereafter, all Registers of
retention by the landowner is Deeds shall inform the DAR
tenanted, the tenant shall within thirty (30) days of any
have the option to choose transaction involving
whether to remain therein or agricultural lands in excess of
be a beneficiary in the same five (5) hectares.
or another agricultural land
with similar or comparable SEC. 16. Procedure for
features. In case the tenant Acquisition of Private Lands.-
chooses to remain in the For purposes of acquisition of
retained area, he shall be private lands, the following
considered a leaseholder and procedures shall be followed:
shall lose his right to be a
beneficiary under this Act. In (a) After having identified
case the tenant chooses to the land, the landowners and
be a beneficiary in another the beneficiaries, the DAR
agricultural land, he loses his shall send its notice to
right as a leaseholder to the acquire the land to the
land retained by the owners thereof, by personal
landowner. The tenant must delivery or registered mail,
exercise this option within a and post the same in a
period of one (1) year from conspicuous place in the
the time the landowner municipal building and
manifests his choice of the barangay hall of the place
area for retention. where the property is
located. Said notice shall
In all cases, the security of contain the offer of the DAR
tenure of the farmers or farm to pay a corresponding value
workers on the land prior to in accordance with the
the approval of this Act shall valuation set forth in
be respected. Sections 17, 18, and other
Upon the effectivity of this pertinent provisions hereof.
Act, any sale, disposition,
lease, management contract (b) Within thirty (30) days
or transfer of possession of from the date of receipt of
private lands executed by the written notice by personal
original landowner in delivery or registered mail,
violation of this Act shall be the landowner, his
null and void: Provided, administrator or
however, That those representative shall inform
executed prior to this Act the DAR of his acceptance or
shall be valid only when rejection of the offer.
registered with the Register
of Deeds within a period of

Page 3
 (c) If the landowner issue a Transfer Certificate of
accepts the offer of the DAR, Title (TCT) in the name of the
the LBP shall pay the Republic of the Philippines.
landowner the purchase price The DAR shall thereafter
of the land within thirty (30) proceed with the
days after he executes and redistribution of the land to
delivers a deed of transfer in the qualified beneficiaries.
favor of the Government and
surrenders the Certificate of (f) Any party who
Title and other muniments of disagrees with the decision
title. may bring the matter to the
court of proper jurisdiction
(d) In case of rejection or for final determination of just
failure to reply, the DAR shall compensation.
conduct summary
administrative proceedings Art. 10 of the Labor Code
to determine the provides the Conditions of
compensation of the land by Ownership, to wit: “No title to
requiring the landowner, the the land shall be acquired by
LBP and other interested the tenant farmer pursuant
parties to summit evidence to Presidential Decree No. 27
as to the just compensation shall be actually issued to
for the land, within fifteen him unless and until he has
(15) days from the receipt of become a full-fledged
the notice. After the member of a duly-recognized
expiration of the above farmers’ cooperative.
period, the matter is deemed Title to the land
submitted for decision. The acquired pursuant to PD no.
DAR shall decide the case 27 shall not be transferrable
within thirty (30) days after it EXCEPT by HEREDITARY
is submitted for decision. SUCCESSION or to the
GOVERNMENT in accordance
(e) Upon receipt by the with the provisions of
landowner of the Presidential Decree No. 27,
corresponding payment or in the Code of Agrarian Reforms
case of rejection or no and other existing laws and
response from the regulations.
landowner, upon the deposit Title 1 – Recruitment and
with an accessible bank Placement of Workers
designated by the DAR of the Chapter I – General Provisions
compensation in cash or LBP Box 3 – Cruz
bonds in accordance with this 1. What government
Act, the DAR shall take agencies are created to
immediate possession of the promote employment
land and shall request the opportunities?
proper Register of Deeds to

Page 4
 A: DOLE – carries out Filipino workers for overseas
programs for local and deployment.
overseas employment. 4. What significant
BLE- effective amendments to the Labor
allocation of manpower Code are introduced by
resources in local RA 8042?
employment. A: Article 17 of the Labor
POEA- for overseas Code has been amended by
employment. RA 8042 known as the
2. How does the POEA “Migrant Workers and
protect and assist the Overseas Filipinos Act of
OFWs? 1995.” The law institutes the
A: Among the principal policies on overseas
functions of the POEA are the employment and establishes
formulation, implementation, a higher standard of
and monitoring of the protection and promotion of
overseas employment of the welfare of migrant
Filipino workers and the workers, their families and of
protection of their rights to overseas Filipinos in distress.
fair and equitable It applies to recruitment for
employment practices. POEA overseas employment.
also participates in the The OEDB, NSB and the
deployment of Filipino overseas employment
workers through government- program of the Bureau of
to-government hiring. It has Employment Services were
extended its services united in a single structure-
nationally through its POEA. However, adjudicatory
regional extension units. jurisdiction of the POEA has
They process vacationing been moved on the NLRC by
workers, register sea-based RA 8042.
workers, and participate in 5. Are POEA-approved
government hiring through employment contracts
manpower pooling. immutable?
A: NO. While the POEA
3. Who has adjudicatory Standard Contract must be
jurisdiction over claims by recognized and respected,
OFWs? neither the manning agent
A: NLRC has adjudicatory nor the employer can simply
jurisdiction over claims by prevent a seafarer from
OFWs. It is provided under RA being deployed without a
8042, that the jurisdiction of valid reason. Thus, with valid
NLRC covers not only claims reason POEA-approved
involving Filipino workers for employment contracts may
overseas employment but be immutable.
also money claims involving

Page 5
 Chapter II – Regulations of anywhere shall be subject to the
Recruitment and prior approval of the Department of
Placement Activities Labor and Employment.
Box 4 – Cabunoc
1) What are the requirements
and restrictions for the private 2) What acts or practices
sector's participation in are prohibited in recruitment
recruitment and placement of and placement activities of
workers, local and overseas? licensed recruiters?
Ans: Ans:
Requirements: Article 34. Prohibited
Article 27. Citizenship practices. It shall be unlawful for
requirement. Only Filipino citizens any individual, entity, licensee or
or corporations, partnerships or holder of authority:
entities at least 75 percent of the
authorized and voting capital stock (a) To charge or accept directly or
of which is owned and controlled indirectly any amount greater than
by Filipino citizens shall be that specified in the schedule of
permitted to participate in the allowable fees prescribed by the
recruitment and placement of Secretary of Labor and
workers, locally or overseas. Employment, or to make a worker
pay any amount greater than that
Article 28. Capitalization. All actually received by him as a loan
applicants for authority to hire or or advance;
renewal of license to recruit are
required to have such substantial (b) To furnish or publish any false
capitalization as determined by the notice or information or document
Secretary of Labor and in relation to recruitment or
Employment. employment;

Restrictions: (c) To give any false notice,

Article 29. Non-transferability testimony, information or
of license or authority. No license document or commit any act or
or authority shall be used directly misrepresentation for the purpose
or indirectly by any person other of securing a license or authority
than the one in whose favor it was under this Code;
issued at any place other than that
stated in the license or authority, (d) To induce or attempt to induce
nor may such license or authority a worker already employed to quit
be transferred, conveyed or his employment in order to offer
assigned to any other person or him another unless the transfer is
entity. Any transfer of business designed to liberate a worker from
address, appointment or oppressive terms and conditions of
designation of any agent or employment;
representative including the
establishment of additional offices (e) To influence or attempt to

Page 6
influence any person or entity not financial considerations other than
to employ any worker who has not those authorized under this Code
applied for employment through and its implementing rules and
his agency; regulations.

(f) To engage in the recruitment or 3) On what grounds and

placement of workers in jobs by which office may an
harmful to public health or morality employment license or
or to the dignity of the Republic of recruitment permit be
the Philippines; cancelled?
Ans:
(g) To obstruct or attempt to Article 35. Suspension and/or
obstruct inspection by the cancellation of license or authority.
Secretary of Labor and The Secretary of Labor and
Employment or by his duly Employment shall have the power
authorized representatives; to suspend or cancel any license or
authority to recruit employees for
(h) To fail to file reports on the overseas employment for violation
status of employment, placement of rules and regulations issued by
vacancies, remittance of foreign the Secretary of Labor and
exchange earnings, separation Employment, the Overseas
from jobs, departures and such Employment Development Board,
other matters or information as and the National Seamen Board, or
may be required by the Secretary for violations of the provisions of
of Labor and Employment; this and other applicable laws,
General Orders and Letters of
(i) To substitute or alter Instructions.
employment contracts approved
and verified by the Department of Chapter III – Miscellaneous
Labor and Employment from the Provisions
time of actual signing thereof by Box 5 - Elica
the parties up to and including the 1. With the amendments
period of expiration of the same made by the “ Migrant
without the approval of the Workers and Overseas
Department of Labor and Filipino act” ( R.A. 8042),
Employment. what acts constitute
illegal recruitment and
(j) To become officer or member of who are the persons that
the Board of any corporation can be held liable?
engaged in travel agency or to be ans.
engaged directly or indirectly in the The following acts constitute illegal
management of a travel agency; recruitments, whether committed
by any persons, whether a non-
(k) To withhold or deny travel licensee, non-holder, licensee or
documents from applicant workers holder of authority.
before departure for monetary or

Page 7
(a) To charge or accept directly or vacancies, remittances of foreign
indirectly any amount greater than exchange earnings, separations
the specified in the schedule of from jobs, departures and such
allowable fees prescribed by the other matters or information as
Secretary of Labor and may be required by the Secretary
Employment, or to make a worker of Labor and Employment;
pay any amount greater than that (i) To substitute or alter to the
actually received by him as a loan prejudice of the worker,
or advance; employment contracts approved
(b) To furnish or publish any false and verified by the Department of
notice or information or document Labor and Employment from the
in relation to recruitment or time of actual signing thereof by
employment; the parties up to and including the
(c) To give any false notice, period of the expiration of the
testimony, information or same without the approval of the
document or commit any act of Department of Labor and
misrepresentation for the purpose Employment;
of securing a license or authority (j) For an officer or agent of a
under the Labor Code; recruitment or placement agency
(d) To induce or attempt to induce to become an officer or member of
a worker already employed to quit the Board of any corporation
his employment in order to offer engaged in travel agency or to be
him another unless the transfer is engaged directly on indirectly in
designed to liberate a worker from the management of a travel
oppressive terms and conditions of agency;
employment; (k) To withhold or deny travel
(e) To influence or attempt to documents from applicant workers
influence any persons or entity not before departure for monetary or
to employ any worker who has not financial considerations other than
applied for employment through those authorized under the Labor
his agency; Code and its implementing rules
and regulations;
(f) To engage in the recruitment of
placement of workers in jobs (l) Failure to actually deploy
harmful to public health or morality without valid reasons as
or to dignity of the Republic of the determined by the Department of
Philippines; Labor and Employment; and

(g) To obstruct or attempt to (m) Failure to reimburse expenses

obstruct inspection by the incurred by the workers in
Secretary of Labor and connection with his documentation
Employment or by his duly and processing for purposes of
authorized representative; deployment, in cases where the
deployment does not actually take
(h) To fail to submit reports on the place without the worker's fault.
status of employment, placement Illegal recruitment when committed

Page 8
by a syndicate or in large scale a.) By virtue of a judicial warrant
shall be considered as offense issued by the RTC, MTC or
involving economic sabotage. MCTC judge, as the case may
Persons liable are: be, or

The persons criminally liable for b.) Without judicial warrant,

illegal recruitment are the under the provisions of
principals, accomplices and Section 5, Rule 113 of the
accessories. In case of Juridical 1985 rules on criminal
persons, the officers having procedure, as amended by
control, management or direction A.M. no. 00-5-03-SC
of their business shall be liable. May he order the closure of an
illegal recruitment office?

2.Under what circumstances is Ans.

illegal recruitment an offense Yes, the Secretary of Labor or his
involving economic sabotage? duly authorized representative may
Ans. Illegal recruitment when order the closure of illegal
committed by a syndicate or in recruitment establishment.
large scale shall be considered as Title II – Employment of Non-
offense involving economic resident Aliens
sabotage. Box 6 - Daypuyat
Illegal recruitment is deemed 1. Who are the foreign
committed by a syndicate carried nationals that cannot
out by a group of three (3) or more work in the Philippines
persons conspiring or without an employment
confederating with one another. It permit?
is deemed committed in large scale  Art. 40 requires only
if committed against three (3) or non-resident aliens
more persons individually or as a to secure
group. employment permit.
3.Is the secretary of labor
legally authorized to order the 2. Who are exempt from
arrest of an illegal recruiter? such requirement?
a. All members of the
Ans. No, under article III, section 2 diplomatic service and
of the 1987 Constitution, it is only foreign government
the judges, no other, who may officials accredited by
issue warrants of arrest and and with the reciprocity
search. arrangement with the
However, the secretary of labor or Philippine government;
his duly authorized representatives b. Officers and staff of the
may cause the lawful arrest of international
illegal recruiters either: organizations of which
the Philippine

Page 9
 government is a exemption is on a
member, and their reciprocal basis; and
legitimate spouses g. Resident foreign
desiring to work in the nationals.
Philippines; Book Two – Human Resources
c. Foreign nationals Development
elected as members of Title I – National Manpower
the governing board Development Program
who do not occupy any Chapter I – National Policies
other position, but and Administrative Machinery
have only voting rights for their Implementation
in the corporation; Box 7 - Torres
d. All foreign nationals 1. What is TESDA and what are
granted exemption by its responsibilities?
the law;  Technical Education
e. Owners and and Skills
representatives of Development
foreign principals Authority
whose companies are  Responsibilities:
accredited by the g.A. Office of
POEA, who come to the the Executive
Philippines for a limited Director
period and solely for  The Office of the
the purpose of Executive Director
interviewing Filipino shall be composed
applicants for of the Executive
employment abroad; Director III and
f. Foreign nationals who his/her immediate
come to the Philippines staff. The Executive
to teach, present Director shall be the
and/or conduct head of the TESDA
research studies in Secretariat Proper
universities and and as such, he/she
colleges visiting, shall exercise
exchange or adjunct general
professors under supervision and
formal agreements control over its
between the technical and
universities or colleges administrative
in the Philippines and personnel and
foreign universities or financial
colleges; or between administration.
the Philippine The Executive
government and Director shall be
foreign government; appointed by the
provided that the

Page 10
 Regional Governor and projects (e.g.
in accordance with skills trainings) and
the provisions of the related activities;
ARMM ♦ Develop and
Administrative Code recommend TESDA
and Civil Service programs for
Law, Rules and regional and local-
Regulations. level
implementation
g.B. Regional within the policies
Operations set by the Authority;
Division ♦ Design and
(ROD) establish planning
 The Regional processes and
Operations Division methodologies to
shall be headed by a enhance the
Division Chief efficiency of
subject to the resource
qualifications set by allocation decisions
existing laws on within the TESD
appointment. The sector;
ROD shall: ♦ Conduct
researches, studies
♦ Serve as the for effective and
Secretariat to the efficient planning
Regional Technical and policy making
Education and Skills within the sector;
Development ♦ Monitor and
Committees analyze labor
(RTESDCs); market information;
♦ Provide effective and
planning, ♦ Perform such other
supervision, functions as may be
coordination and delegated by the
integration of Executive Director
technical education and the Board.
and skills
development g.C. Finance
programs (e.g. and
program registration Administrativ
and accreditation, e Division
assessment and  The Office of the
certification, Executive Director
youth profiling for shall also be
starring careers and assisted by the
scholarship grants) Finance and

Page 11
Administrative timely remittance to
Division (FAD) the proper agencies.
headed by a
Division Chief g.D. Provincial
subject to the Offices
qualifications set by  The Provincial
existing laws on Offices shall be
appointment. The headed by Career
FAD shall: Executive Service
Officers with the
♦ Monitor and rank of a Director II.
control utilization of The Provincial
funds of all TESDA Offices (POs)
operating units; shall be under the
♦ Provide technical direct control and
assistance on supervision of the
budgetary matters Executive Director.
to operating units; The POs shall:
♦ Maintain and
update all books of ♦ Serve as
accounts for all secretariat to
funds; Provincial Technical
♦ Monitor work Education and Skills
performances of, Development
and study and Committees
implement areas of (PTESDCs);
human resources ♦ Provide technical
and assistance
management develo particularly to LGUs
pment for, all for effective
employees of the supervision,
TESDA; coordination,
♦Coordinate integration
procurement and and monitoring of
storekeeping of TVET programs
supplies, materials within their
and equipment and localities;
recommend ♦ Review and
disposal unservicea recommend TESDA
ble of tools and programs for
equipment; and implementation
♦ Attend to the within their
maintenance of localities;
records on ♦ Coordinate
deductions and their programs of private
schools and

Page 12
 assessment centers; Technical-Vocational
♦ Establish network Education and
of institutions, LGUs Training (TVET)
and enterprises graduates;
implementing the ♦ provide vocational
TVET programs; and trainings on
♦ Perform such other specialized
duties and functions programs;
as may be a. Arabic Language
authorized. and Saudi/Gulf
Culture
b. Automotive
g.E. The Servicing-National
Regional Certificate level I
Manpower c. Beauty Care
and National-Certificate
Development Level II
Center d. Carpentry-
 The Regional National Certificate
Manpower Training Level II
Center (RMDC) shall e. Computer
be headed by a Hardware Servicing-
Center Chief or National Certificate
Chief TESD level II
Specialist with f. Consumer
salary grade 24 Electronics
subject to the Servicing-National
qualifications set by Certificate Level II
existing laws on g. Dressmaking-
appointment. The National Certificate
RMDC shall: Level II
h. Electrical
♦ serve as the Installation and
center for Maintenance-
excellence in the National Certificate
implementation of Level II
Center-based skills i. English Language
trainings; and Culture
♦ serve as venue for j. Household
continuing Services-National
development of Certificate Level II
trainers, teachers k. Housekeeping –
and instructors; National certificate
♦ serve as venue for Level II
skills assessments l. Machining-
and certifications of National Certificate

Page 13
 Level II measured? (This is purely based on
m. Masonry-National the left side my cerebral cortex. Haha!)
Certificate Level II The success of the
n. Motorcycle/Small TESDA training
Engine Servicing- programs will be
National Certificate gauged by how they
Level II connect skills
o. PV Systems training to jobs.
Design-National  By looking into
Certificate Level III whether or not its
p. PV Systems vision and mission
Installation-National are achieved.
Certificate Level II Book Three – Conditions of
q. PV Systems Employment
Servicing and Title I – Working Conditions and
Maintenance- Rest Periods
National Certificate Chapter I – Hours of Work
Level III Box 8 - Melendez
r. Plumbing-National 1. Obviously, the law on
Certificate Level II conditions of
s. RAC Window employment cannot
AC/Domestic apply if employer-
Refrigeration- employee relationship
National Certificate does not exist between
Level I the parties. In law who
t. Shielded Metal Arc is considered an
Welding-National employee? An
Certificate Level II employer?
u. Gas Metal Arc
Welding-National Ans. Employer includes
Certificate Level II any person acting in the
♦ undertake interest of an employer in
research and relation to an employee.
development to Employee includes any
improve service individual employed by an
delivery in the employer
center; and
♦ organize and Under SSS law
conduct Employer — Any person,
symposia/seminars natural or juridical, domestic
and other related or foreign, who carries on in
activities. the Philippines any trade,
business, industry,
2. How may the success or undertaking, or activity of
failure of TESDA be any kind and uses the
services of another person

Page 14
who is under his orders as d. Employers family
regards the employment. member who depend
Employee — Any person who on him for support
performs services for an e. Domestic helpers
employer in which either or f. Persons in the personal
both mental and physical service of another
efforts are used and who g. Workers who are paid
receives compensation for by results as
such services, where there is determined under
an employer-employee DOLE regulations
relationship
3. What are the rights
2. What are the and responsibilities of
implications or the employer and the
consequences of the employees as regards
existence of the determination and
employment observance of work
relationship? Who are hours?
employees excluded Ans.
from the coverage of 1. All hours which the Ee is
the law on employment required to give to his Er regardless of
conditions? whether or not such hours are spent in
productive labor or involve physical or
mental exertion.
Ans. To protect
2. Rest period is excluded from
workers/employee against hours worked, even if Ee does not
businessman trying to leave his workplace, it being enough
avoid the bringing about that:
of an employer-employee a. He stops working
relationship in their b. May rest completely
enterprises because that c. May leave his workplace, to
juridical relations spawn go elsewhere, whether within or
obligations connected outside the premises of the workplace
with workmen’s 3. All time spent for work is
compensation, social considered hours worked if:
a. The work performed was
security, medicare,
necessary
termination pay, b. If it benefited the Er
unionism. c. Or the Ee could not abandon
his work at the end of his normal
Excluded employees are working hours because he had no
the following: replacement
a. Govt. employee d. Provided, the work was with the
b. Managerial employees, knowledge of his Er or immediate
including other officers supervisor
or members of the 4. The time during which an Ee
managerial staff. is inactive by reasons of interruptions
c. Field personnel

Page 15
in his work beyond his control shall be outside his regular
considered working time: working hours.
a. If the imminence of the  Lunch break is not
resumption of the work requires the compensable except
Ees presence at the place of work or
when it is required to
b. If the interval is too brief to
be utilized effectively and gainfully in perform duties
the Ees own interest. whether active or
inactive
4. In law what are  Travel should be paid
considered hours on following cases:
worked? Which ones a. Emergency call
are “unworked”, hence outside of his
not compensable? Is regular working
lunch break hours and is
compensable? What required to travel to
travel hours should be his place of business
paid? or some other work
Ans. site, all time spent
 As rule hours worked in such travel is
shall include: working.
(a) All time during which b. Time spent by an
an employee is employee in travel
required to be on duty as part of his
or to be at prescribed principal activity,
workplace. such as travel from
(b)All the time during jobsite to jobsite
which an employee is during the workday
suffered or permitted must be counted as
to work. hours worked.
Rest periods of short c. Travel away from
duration during working home is clearly work
hours shall be counted as time when it cuts
hours worked. across the
employees workday
 The following are 5. Is rendition of overtime
unworked hence not work an obligation?
compensable Ans. No. Overtime work
a. Mealtime except when is voluntary. Except
he is required to Compulsory Overtime
perform his duties work in any of the
whether active or following situations:
inactive while eating 1. Urgent work to be performed on
machines and installations in
b. Normal travel from
order to avoid serious loss or
home to work except damage to the Er or some other
emergency call s cause of similar nature

Page 16
 2. Work is necessary to prevent accident, fire, flood, typhoon,
loss or damage to perishable earthquake, epidemic or other
goods disaster or calamity to prevent loss
3. In case of imminent danger to of life and property, or imminent
the public safety due to an
danger to public safety;
actual or impending emergency
in the locality caused by serious
(b) In cases of urgent work to be
accidents, fire, flood, typhoon, performed on the machinery,
earthquake, epidemic or other equipment, or installation, to avoid
disaster or calamity serious loss which the employer
4. Country is at war would otherwise suffer;
5. Completion or continuation of (c) In the event of abnormal
the work started before the 8th pressure of work due to special
hour is necessary to prevent circumstances, where the employer
serious obstruction or prejudice cannot ordinarily be expected to
to the business operations of resort to other measures;
the Er
(d) To prevent loss or damage to
6. Any other national or local
emergency has been declared perishable goods;
7. Necessary to prevent loss of life (e) Where the nature of the work
or property. requires continuous operations and
the stoppage of work may result in
irreparable injury or loss to the
employer; and
(f) Under other circumstances
Chapter II – Weekly Rest Periods analogous or similar to the
foregoing as determined by the
Box 9 - Jadap Secretary of Labor and
Employment. [Art. 92, LC
1. When is an employee's rest Chapter III – Holidays, Service
day? Incentive Leaves and Service
Every employee regardless of the Charges
nature of his work is entitled to at Box 10 - Jamila
least one whole day every week as 1. What is holiday pay & who
his rest day. The rest day or day off are the employees
shall be determined by the entitled to it?
employer. However, in cases where
the employee is required by his ANS:
religious belief to rest on certain Is a one–day pay given
days, such belief shall be respected by law to an employee even
by the employer if he does not work on a
2. May an employer require regular holiday. It is limited to
work on rest day? On non- the twelve (12) regular, also
working day? called legal holidays listed by
The employer may require his law.
employees to work on any day:
(a) In case of actual or impending General rule, all
emergencies caused by serious employees in all

Page 17
 establishments whether for provisions of article 95 speak
profit or not are entitled to a of the number of months in a
holiday pay, provided that, year for the entitlement to
he should not have been the said benefit.
absent without pay on the
working day preceding the
regular holiday. 3. Aside from S.I.L, what
other kinds of leave are
Exception, holiday granted by law?
pay does not apply to:
1. Government ANS:
employees; The other kinds of
2. Managerial leave that are granted by law
employees including are the following:
members of 1. R.A No. 8187 -
managerial staff; 3. Paternity and
Field personnel; Maternity Leave;
4. Members of the 2. R.A No. 8972 -
family of the employer Parental (solo
who are dependent on parent) Leave; and
him for support; and 3. R.A No. 9262 –
5. Employees of retail Battered Woman
& services Leave.
establishments Title II – Wages
regularly Chapter I – Preliminary Matters
employing not more Box 11 - Dardo
than ten (10) workers. 1. What is wage? What does
it include?

2. What is service incentive To determine

leave? Is a part-time whether one’s wage meets
worker entitled to S.I.L to the legal minimum, should
the same extent as a full- non-cash benefits included in
timer? the computation?

ANS: Wage is the

It refers to the to the remuneration or
five (5) days leave with pay earnings,however
for every employee who has designated,capable of being
rendered at least one (1) expressed I in terms of
year of service. money,wether fixed or
ascertained on a time,piece,or
Yes, part-time workers commission basis or other
are also entitled to the full method of calculating the
benefit of the yearly 5-day same,which is payable by an
S.I.L. The reason is that the employer to an employee

Page 18
 under a written or unwritten 3. What establishments may
contract of employment for be exempted from
done or to be done or for observance of the
services rendered or to be minimum wage law?
rendered and includes the fair
and reasonable value,as 1. Farm tenancy or leasehold;
determined by the Secretary 2. Household or domestic
of Labor,of board,lodging,or helpers;
other facilities customarily 3. Homeworkers engaged in
furnished by the employer to needle-work;
the employee. 4. Workers employed in any
Wage or Salary establishment duly
includes; registered with the
1. Commission National Cottage Industry
2. Facilities Development Authority
3. Commodities/Su (NACIDA);
pplements 5. Workers in duly registered
cooperatives when so
Yes, non-cash recommended upon
benefits maybe included in the approval by the Secretary
computation of wages such as of Labor;
board and lodging customarily 6. Workers of a Barangay
furnished by the employer to the Micro Business enterprise
employee. Chapter II – Minimum Wage
Rates
2. “Facilities” are wage- Box 12 - Lusica
deductible, 1. Minimum wage rates are
“Supplements” are not. regionalized, i.e., they
How are they vary among the regions.
differentiated? How is this justified?

In short, the benefit The minimum wage rates

or privilege given to the were regionalized based on
employee, which constitutes the following applicable laws:
an extra remuneration over a. Art. 99 of the Labor
and above his basic or Code provides that
ordinary earning or wage, is “the minimum wage
“supplement”. When benefit rates for agricultural
or privilege is part of the and non agricultural
laborers basic wages, it is a employees and
“facility”. The criterion lies workers in each
not so much on the kind of and every region
the benefit or item given,but of the country shall
its purpose. be those prescribed
by the Regional
Tripartite Wages and

Page 19
 Productivity c. The practice is not
Boards.” due to error in the
b. By virtue of RA 6727 construction or
(Wage application of a
Rationalization Act), doubtful or difficult
the regional wage question of law; and
boards or RTWPBs d. The diminution or
have issued wage discontinuance is
orders fixing the done unilaterally by
minimum wages for the employer.
their respective No. Benefits initiated through
regions. chardox negotiation between
employer and employees,
2. What is the Rule on such as those contained in a
Nondiminution of collective bargaining
benefits? Does it apply to agreement, are not within
benefits negotiated the prohibition of Article 100
through a collective because, as products of
bargaining agreement bilateral contract, they can
(CBA) or to conditional only be eliminated or
benefits such as bonus? diminished bilaterally. What
the law forbids is elimination
The rule on Nondiminution of or modification done
Benefits is simply the unilaterally by the employer.
prohibition against Neither does the rule under
elimination or diminution of Art. 100 apply to a benefit
employee benefits under whose grant depends on the
Article 100 of the Labor existence of certain
Code. So that the rule conditions, so that the
against diminution of benefit is not demandable if
supplements or benefits may those preconditions are
apply, it must be shown that: absent. An example of this is
a. The grant of the the giving of bonus which is
benefit is founded not part of the employees’
on a policy or has regular compensation. It is
ripened into a only an act of generosity.
practice over a long In sum, jurisprudence
period; recognizes exceptions to the
b. The practice is application of Article 100:
consistent and
deliberate;
a. Correction of error; e. Reclassification of
b. Negotiated benefits; position;
c. Wage order compliance; f. Contingent benefits or
d. Benefits on conditional bonus; and
reimbursement basis; g. Productivity incentives.

Page 20
3. What is the thirteenth- 12. If the
month pay and who are commissions may properly
entitled to it? On what be considered part of the
basis is it computed? Are basic salary, they should be
commissions part of the included in computing the
pay? 13th-month pay. (i.e. wage-or
4. sales-percentage type)
5. Thirteenth-month pay is an 13. If the
additional monetary benefit commissions are not integral
given to an employee by part of the basic salary, then
creating an imaginary they should be excluded. (i.e.
thirteenth month and obliges profit-sharing or bonus type)
employers to pay the 14.
employees for that imaginary 15. Wages calculated
month. It is a statutory grant according to work output,
under P.D. No. 851. instead of time spent, is
6. lawful. On what
7. All rank-and-file employees, conditions?
regardless of salary rate, 16.
shall be entitled to 13th- 17. This is the so-called
month pay. Payment by Results under
8. Article 101 of the Labor
9. Under the implementing Code. Under the law, the
rules of P.D.851, the basis of wage rates paid to workers
computation of 13th-month paid by results, including
pay shall be the one-twelfth pakyao, piecework and other
(1/12) of the basic salary of noontime work must be fair
an employee within a and reasonable.
calendar year. 18.
10. 19. What statutory
11. In the case of benefits are piece-rate
Philippine Duplicators vs. workers entitled to?
NLRC, the Court ruled, 20.
essentially, that commissions 21. On the basis of existing
are included or excluded, labor regulations and more
depending on what kind of recent jurisprudence, piece
commissions are involved. rate workers are entitled to
the benefits, as follows:
a. The applicable statutory minimum daily rate;
b. Yearly service incentive leave of five (5) days with pay;
c. Night shift differential pay;
d. Holiday pay;
e. Meal and rest periods;
f. Overtime pay (conditional)
g. Premium pay (conditional)
h. 13th-month pay

Page 21
 i. Other benefits granted by law, by individual or collective agreement
j. Chapter III – Payment of Wages
k. Box 13 - Estacion
l.
1. Is it lawful to pay the wages only once a month? May the
wages be paid in form of goods such as phone cards?
m. Ans.:
n. Under Art. 103 of the Labor Code; Wages shall be made 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 employers 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.
o. 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.
p.
2. What is independent contracting in contrast to labor-only
contracting? What does the latter consist of and why does the
law prohibit it?
q.
r. Ans.:
s.
t. Independent contracting is an arrangement whereby a
principal agrees to put out or farm out with a contractor or
subcontractor 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 to be performed or completed within
or outside the premises of the principal as hereinafter qualified.
Contracting, as the, definition shows, refers to the completion or
performance of a job, work, or service within a given period. Labor-
only contracting, on the other hand, is not really contracting because
the arrangement is merely to recruit or place people to be employed,
supervised and paid by another, who, therefor, is the employer. The
commitment of the so-called “contractor” is not to do and deliver a
job, work or service but merely to find and supply people. The
“contractor” is a pseudo-contractor; in fact, he himself might even be
an employee of the employer. Thus, “labor-only contracting” is self-
contradictory because there is no contactor and no contracting in
L.o.C.
u.
v. It is prohibited because it is an attempt to evade the obligations
of an employer.
w.

Page 22
 x. Section 5 of D.O. No. 18-02-Prohibition against labor-only
contracting – Labor-only contracting is hereby declared prohibited. For
this purpose, labor-only contracting shall refer to an arrangement
where the contractor or subcontractor merely recruits, supplies or
place workers
y. To perform a job, work or service for principal, and any of the
following elements are present:
z.
(i) The contractor or subcontractor does not have substantial
capital or investment which relates to the job, work, or
service to be performed and the employees recruited,
supplied or place by such contractor or subcontractor are
performing activities which are directly related to the main
business of the principal; or
(ii) The con tractor does not exercise the right to control over
the performance of the work of the contractual employee.
aa.
ab.
3. Other than labor-only contracting, what forms or acts of labor
contracting are disallowed?
ac. Ans.:
ad. Notwithstanding Section 5 of these Rules the following are
hereby declared prohibited for being contrary to law or public policy.
(a) Contracting that terminates the employment of regular
employees, or reduce their work hours, or reduces or splits a
bargaining unit, if such contracting out is not done in good faith
and not justified by business exigencies.
(b)Contracting with “cabo”
(c) Contracting with in-house agency
(d)Contracting because of a strike or lockout.
(e) Contracting that constitutes ULP under Article 248.
ae.
4. May an indirect employer be held liable answerable for an
illegal dismissal done by the direct employer?
af.
ag. Ans.:
ah.
ai. Every employer or indirect employer shall be held responsible
with his contractor or subcontractor for any violation of any provision
of this Code. For purposes of determining the extent of their civil
liability under this Chapter, they shall be considered as direct
employers.
aj.
ak. Chapter IV – Prohibition Regarding Wages
al.
am. Box 14 - Ga

Page 23
an.
1. What wage deductions are legally allowed?
ao. Ans. Expressly provided in the Labor Code
ap. Art. 113. WAGE DEDUCTION
aq. No employer, in his own behalf or in behalf of any person,
shall make any deduction from the wages of his employees, except:
(a) 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;
(b)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
(c) In cases where the employer is authorized by law or regulations
issued by the Secretary of Labor.
ar. Deductions authorized by law:
a. Deduction for value of meals and other facilities.
b. In cases where the employee is insured with his consent by the
employer, deductions for the amount paid by said employer, as
premiums on the insurance.
c. In cases where the right of the employees or his union to checkoff
has been recognized by the employer or authorized in writing by
the individual employee concerned.
d. In cases where the employee is indebted to the employer, where
such indebtedness has become due and demandable.
e. In court awards, wages may be the subject of execution or
attachment, but only for debts incurred for food, shelter, clothing
and medical attendance.
f. Withholding tax
g. Salary deductions of a member of a legally established cooperative
h. SSS, Medicare and Pag-ibig contributions
as.
2. May an employer deduct from the employee’s salary the
cost of company property lost or damaged by the employee?
at. Ans. According to the implementing rules, payments for lost or
damaged equipment is deductible from the employee’s salary if
four conditions are met namely:
a. The employee is clearly shown to be responsible for the loss or
damage;
b. The employee is given ample opportunity to show cause why
deduction should not be made;
c. The amount of the deduction is fair and reasonable and shall not
exceed the actual loss or damage;
d. The deduction from the employee’s wage does not exceed 20
percent of the employee’s wages in a week.
3. May labor standards violation justify a strike?

Page 24
 au. Ans. A wage violation is unlawful and may be pursued in a
money claim, not through a strike. But a strikeable situation may
arise when the employer retaliates against the complaining
employee, and the retaliation is of the kind considered as ULP under
Art. 248(f). Violation of labor standards, therefore, may ultimately
cause or justify a strike if Article 248 (f) or Article 261 (gross
violation of the CBA) is applicable.
av.
aw. Chapter V – Wage Studies, Wage Agreements, and Wage
Determination
ax. Box 15 – Cruz
1. What is the NWPC? The RTWPB? What are their respective
authorities as regards wage determination?
ay.
az.A: NWPC or National Wages and Productivity Commission,
prescribes rules and guidelines for determination of appropriate
minimum wage and productivity measures at the regional,
provincial or industry levels. Further the NWPC may review the
wage levels set by the RTWPB. But a wage-fixing order by RTWPB
does not need prior approval by the NWPC
ba. RTWPB or Regional Tripartite Wages and Productivity
Boards, are empowered ‘to determine and fix minimum wage rates
applicable in their regions’ and to issue the corresponding wage
orders, subject to guidelines’ issued by the NWPC. But the
guidelined, like the Labor Code, do not require NWPC’s approval of a
wage order. What it requires is for the board to conduct a public
hearing over a petition for a wage order, to decide such petition
within 30 days after the last hearing , and to “furnish the
Commission a copy of the decision on the petition or the wage
order.” Furnishing the NWPC a copy of the Wage Order does not
mean seeking the Commission’s approval.
2. What factors or criteria are considered in determining a
region’s minimum wage standard?
bb. A: ARTICLE 124. Standards/Criteria for minimum wage fixing.
– The regional minimum wages to be established by the Regional Board shall
be as nearly adequate as is economically feasible to maintain the minimum
standards of living necessary for the health, efficiency and general well-being
of the employees within the framework of the national economic and social
development program. In the determination of such regional minimum
wages, the Regional Board shall, among other relevant factors, consider the
following:
bc. (a) The demand for living wages;
bd. (b) Wage adjustment vis–vis the consumer price index;
be. (c) The cost of living and changes or increases therein;
bf. (d) The needs of workers and their families;

Page 25
 bg. (e) The need to induce industries to invest in the countryside;
bh. (f) Improvements in standards of living;
bi. (g) The prevailing wage levels;
bj. (h) Fair return of the capital invested and capacity to pay of employers;
bk. (i) Effects on employment generation and family income; and
bl. (j) The equitable distribution of income and wealth along the
imperatives of economic and social development.
bm. The wages prescribed in accordance with the provisions of this Title
shall be the standard prevailing minimum wages in every region. These
wages shall include wages varying with industries, provinces or localities if in
the judgment of the Regional Board, conditions make such local
differentiation proper and necessary to effectuate the purpose of this Title.
bn. 3. What obligations, if any, does an employer have when
salaries are distorted by compliance with a wage order?
bo. A: Where the application of any prescribed wage increase by virtue
of a law or wage order issued by any Regional Board results in distortions of
the wage structure within an establishment, the employer and the union shall
negotiate to correct the distortions. Any dispute arising from wage distortions
shall be resolved through the grievance procedure under their collective
bargaining agreement and, if it remains unresolved, through voluntary
arbitration. Unless otherwise agreed by the parties in writing, such dispute
shall be decided by the voluntary arbitrators within ten (10) calendar days
from the time said dispute was referred to voluntary arbitration.
bp. In cases where there are no collective agreements or recognized labor
unions, the employers and workers shall endeavor to correct such distortions.
Any dispute arising therefrom shall be settled through the National
Conciliation and Mediation Board and, if it remains unresolved after ten (10)
calendar days of conciliation, shall be referred to the appropriate branch of
the National Labor Relations Commission (NLRC). It shall be mandatory for
the NLRC to conduct continuous hearings and decide the dispute within
twenty (20) calendar days from the time said dispute is submitted for
compulsory arbitration.
bq. The pendency of a dispute arising from a wage distortion shall not in
any way delay the applicability of any increase in prescribed wage rates
pursuant to the provisions of law or wage order.
br.Chapter VI – Administration and Enforcement
bs. Box 16 – Cabunoc
bt. 1) Labor laws are enforced and administered largely through
DOLE's regional offices. How is this administrative authority
exercised?
bu. Ans: (not sure)
bv. To carry out these responsibilities, the DOLE is authorized to
operate and maintain regional offices (including district offices and
provincial extension units) in each of the country's administrative
regions. These offices serve as the operational arms—the front line

Page 26
 action offices—of the DOLE. This role is described in Arts. 128 and
129.
bw. Article 128. Visitorial and enforcement powers. (a) The
Secretary of Labor and Employment or his duly authorized
representatives, including labor regulations officers, shall have
access to employer's records and premises at any time of the day
or night whenever work is being undertaken therein, and the right
to copy therefrom, to question any employee and to investigate any
fact, condition or matter which may be necessary to determine
violations or which may aid in the enforcement of this Code and of
any labor law, wage order or rules and regulations issued pursuant
thereto.
bx.
by.(b) The provisions of Article 217 of this Code to the contrary
notwithstanding and in cases where the relationship of employer-
employee still exists, the Secretary of Labor and Employment or his
duly authorized representatives shall have the power to order and
administer, after due notice and hearing, compliance with the labor
standards provisions of this Code and other labor legislation based
on the findings of labor regulation officers or industrial safety
engineers made in the course of inspection, and to issue writs of
execution to the appropriate authority for the enforcement of their
order, except in cases where the employer contests the findings of
the labor regulation officer and raises issues which cannot be
resolved without considering evidentiary matters that are not
verifiable in the normal course of inspection.
bz.
ca.(c) The Secretary of Labor and Employment may likewise order
stoppage of work or suspension of operations of any unit or
department of an establishment when non-compliance with the law
or implementing rules and regulations poses grave and imminent
danger to the health and safety of workers in the workplace. Within
twenty-four hours, a hearing shall be conducted to determine
whether an order for the stoppage of work or suspension of
operations shall be lifted or not. In case the violation is attributable
to the fault of the employer, he shall pay the employees concerned
their salaries or wages during the period of such stoppage of work
or suspension of operation.
cb.
cc.(d) It shall be unlawful for any person or entity to obstruct, impede,
delay or otherwise render ineffective the order of the Secretary of
Labor and Employment or his duly authorized representatives
issued pursuant to the authority granted under this Article, and no
inferior court or entity shall issue temporary or permanent
injunction or restraining order or otherwise assume jurisdiction over
any case involving the enforcement orders issued in accordance

Page 27
 with this Article.
cd.
ce.(e) Any government employee found guilty of violation of, or abuse
of authority under this Article shall, after appropriate administrative
investigation, be subject to summary dismissal from the service.
cf.
cg. (f) The Secretary of Labor and Employment may by appropriate
regulations require employers to keep and maintain such
employment records as may be necessary in aid of his visitorial and
enforcement powers under this Code.
ch.
ci.
cj. 2) Some labor disputes are likewise adjudicated at the
regional level. What are the limits to such adjudicatory
function?
ck.Ans:
cl. Under the provisions of Art 129, the Regional Director is
empowered through summary proceedings and after due notice, to
hear and decide cases involving recovery of wages and other
monetary claims and benefits, including legal interests, provided
the following requisites are present:
cm. a) the claim is presented by an employee, or a person
employed in domestic or household service, or househelper;
cn. b) the claim arises from employer-employee relations;
co. c) the claimant does not seek reinstatement; and
cp. d) the aggregate money claim of each claimant does not
exceed P5,000.00
cq.
cr. 3) Administrative orders or adjudications are appealable.
To whom? When?
cs. Ans:
ct. Art. 129
cu. xxx
cv. Any decision or resolution of the Regional Director or hearing
officer pursuant to this provision may be appealed on the same
grounds provided in Article 223 of this Code, within five (5) calendar
days from receipt of a copy of said decision or resolution, to the
National Labor Relations Commission which shall resolve the appeal
within ten (10) calendar days from the submission of the last
pleading required or allowed under its rules.
cw.
cx. Title III – Working Conditions for Special Groups of
Employees
cy. Chapter 1 – Employment of Women
cz. Box 17 – Elica

Page 28
1. Women, as a rule, are not allowed to engage in nightwork.
What are the exceptions?
da. Ans. Art. 131. Exceptions. The prohibitions prescribed by the
preceding Article shall not apply in any of the following cases:
1. In cases of actual or impending emergencies caused by serious
accident, fire, flood, typhoon, earthquake, epidemic or other disasters
or calamity, to prevent loss of life or property, or in cases of force
majeure or imminent danger to public safety;

2. In case of urgent work to be performed on machineries, equipment or

installation, to avoid serious loss which the employer would otherwise
suffer;

3. Where the work is necessary to prevent serious loss of perishable

goods;

4. Where the woman employee holds a responsible position of

managerial or technical nature, or where the woman employee has
been engaged to provide health and welfare services;

5. Where the nature of the work requires the manual skill and dexterity of
women workers and the same cannot be performed with equal
efficiency by male workers;

6. Where the women employees are immediate members of the family

operating the establishment or undertaking; and

7. Under other analogous cases exempted by the Secretary of Labor and

Employment in appropriate regulations.
db.
2. Sex discrimination at work is basically wrongful. What acts are
considered discriminatory against women employees?
dc. Ans. Art. 135. Discrimination prohibited. It shall be unlawful
for any employer to discriminate against any woman employee with
respect to terms and conditions of employment solely on account of her
sex.
dd. The following are acts of discrimination:
1. 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

Page 29
2. Favoring a male employee over a female employee with respect to
promotion, training opportunities, study and scholarship grants solely
on account of their sexes.
de. Criminal liability for the willful commission of any unlawful act as
provided in this Article or any violation of the rules and regulations issued
pursuant to Section 2 hereof shall be penalized as provided in Articles 288
and 289 of this Code: Provided, That the institution of any criminal action
under this provision shall not bar the aggrieved employee from filing an
entirely separate and distinct action for money claims, which may include
claims for damages and other affirmative reliefs. The actions hereby
authorized shall proceed independently of each other. (As amended by
Republic Act No. 6725, May 12, 1989)
df.Chapter II – Employment of Minors
dg. Box 18 - Daypuyat
1. Childwork is wrongful and generally illegal. Before a child may
be put to work, what are the legal requirements?
- It must be a nonhazardous work- the child is not exposed to any risk
which constitutes an imminent danger to his safety and health.
- The child shall work only for such # of hours and period of days as
determined by the Secretary of Labor.
dh.
- For below 15yrs old:
 Must work directly under the sole responsibility of the
parents/legal guardian and where only members of his family
are employed;
 It does not endanger child’s life, safety, health nor impair
normal development;
 The parent/legal guardian shall provide for the child’s primary
and/or secondary education.
di.
 If employed in any form of media-Child’s participation must
be essential;
 Employment contract is concluded by the child’s parent or
legal guardian with express agreement of the child concerned,
if possible, and the approval of the DOLE;
 The ff. are strictly complied with:
dj. a. Er shall ensure the protection, health, safety,
morals and normal development of the child
dk. b. Er shall institute measures to prevent exploitation
or discrimination of the child (remuneration, working
time)
dl. c. Er shall formulate and implement continuing
program for training and skill acquisitions of the child.
dm.

Page 30
2. What are the employable ages?
 Between 15 and 18 for non-hazardous work
 18 and above for any hazardous work
 Below 15yrs old-GR: not allowed to work. Exceptions: (RA
9231 refer to page 444 if you must )
dn. 1. When a child works directly under the sole
responsibility of the parents and where only members of his
family are employed;
do. 2. Artista nga bata AKA child star :p
dp.
dq. Chapter III – Employment of Househelpers
dr.Box 19 - Torres
1. What statutory employment benefits do househelpers have?
a. Standard treatment – any kind of abuse or any form of physical
violence or harassment or any act tending to degrade the dignity
of a domestic worker is not allowed.
b. Free board, lodging and medical attendance
c. Guarantee of privacy- extends to all forms of communication and
personal effects.
d. Access to outside communication-during free time. In case of
emergency, access to outside communication shall be at all
times.
e. Right to education and training- primary education; ALS; and
higher education, technical and vocational training, if
practicable.
f. Health and safety
g. Daily rest period-8hrs/day
h. Weekly rest period-24hrs
i. Minimum wage-
i.i. 2,500php/month for those employed in NCR;
i.ii. 2,000php/month for those employed in chartered cities
and first class municipalities; and
i.iii. 1,500php/month for those employed in other
municipalities.
j. Leave benefits- 5 days with pay for those who have rendered at
least 1yr of service.
k. Social and other benefits-must have rendered at least one month
of service
k.i. SSS
k.ii. PhilHealth
k.iii. Pag-ibig
ds.
2. When a househelper’s employment is terminated, is he
entitled to separation pay?

Page 31
 
There is no provision of separation pay under the
Kasambahay Law. But it provides that if the domestic worker
is unjustly dismissed, the domestic helper shall be paid the
compensation already earned plus the equivalent of 15 days
work by way of indemnity. (Sec 32)
dt.
du.
3. Does the SSS law apply to househelpers?
 Yes. A domestic worker who has rendered at least one month
of service shall be covered by the Social Security System and
entitled to all the benefits in accordance with the pertinent
provisions of the SSS law. (Sec 30)
dv. *Answers taken from RA 10361 -Kasambahay Law 
dw.
dx. Chapter IV – Employment of Homeworkers
dy. Box 20 - Melendez
dz.
1. Are homeworkers entitled to the right to self-organize? Are
they SSS covered?
ea. Ans.
eb. Yes, in the new rule, it authorizes the formation and registration
of labor organization of industrial homeworkers. It also makes
explicit the employers duty to pay and remit SSS, medicare and
ECC Premiums.
2. Who is their employer?
ec. Ans.
ed. Employers of homeworkers 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 any
employee, agent, contractor, subcontractor or any other person.
ee.
ef.Title II – Employees’ Compensation and State Insurance
Fund
eg. Chapter I – Policy and Definitions
eh. Box 21 - Jadap
ei. 1. What are the significant changes introduce by labor code
to the law that awards compensation benefits to employees
who sustain work connected injury?
ej. Where an ailment supervened before the new labor code, the
governing law is the Workmen Compensation Act. Thus, the
changes are as follows:
ek. Workmen Compensation el. Employees
Act. Act 3428 Compensation Law pd
442 amended by pd 626
em. (labor code)
en. there is presumption of eo. no presumption of

Page 32
 compensability compensability
ep. no need to present proof of eq. causation proof of
causation causation is needed of
diseases is not listed
er. employer has burden of proof es.Claimant
et. there is presumption of eu. aggravation no
aggravation presumption
ev.if he so desires, employer had ew. employer is not
to controvert the claim within allowed much less
14 days from date of disability required to intervene in
or 10 days from the the process of the
knowledge, otherwise it is compensation claim
deemed waived
ex. payment of compression is ey. payment of compensation
made by employer is made by the sss/gsis
through state insurance
fund. Employer obligation
is to pay counter
contribution
ez.litigation, quasi judicial fa. judicial administrative

fb.
fc.2. Under what circumstances is an injury considered work
connected and therefore compensable?
fd. Conditions:
fe. 1. The employee must have been injured at the place
where the work required him to be
ff. 2. The employee must have been performing his official
functions
fg. 3. If the injury is sustained elsewhere, the employee must
have been executing an order of the employer
fh. 4. The injury was not due to the employee’s intoxication,
willful intention to injure or kill himself or another, or notorious
negligence Injuries incurred by a health worker while doing
overtime work shall be considered work-connected.
fi.
fj. 3. What kind of disease are compensable?
fk. Occupational disease listed by the commission otherwise, proof
must be shown that the risk of contracting the disease is increased
by the working conditions.
fl. 4. Explain the theory of increased risk?
fm. If an ailment is not included in the list of occupational
disease as drawn up by the commission, the claimant has the
burden of proving that the nature of the work increased the risked
of contacting the disease. The claimant must show proof of
reasonable work connection, not necessarily direct causal relation.

Page 33
 fn. 5. What is the dual purpose doctrine?
fo. An employee’s status of acting in the course of his employment is
not negated by the fact that He may be pursuing a dual purpose.
fp. Considers as compensable an injury that an employee sustains
while on a trip undertaken for the benefit of employer even if in the
course thereof the employee pursues also a personal purpose.
fq. 6. If the cause of disease is unknown, for example,
cancer, must the claimant prove that it is work related so as
to obtain benefits under SIF?
fr. Yes. Proof is required.
fs. As a general rule, cancer is a disease still unknown origin which
strikes people in all walks of life. Unless it be shown that a particular
form of cancer is caused by specific working conditions or
environment, one cannot conclude that it was the employment
which increased the risk of contracting the disease.
ft. Chapter II – Coverage and Liability
fu. Box 22 - Jamila
1. Who are the employees & employers compulsorily covered by
the employees’ compensation program?
fv.
fw. ANS:
fx. The employees’ compensation law applies to all employers,
public or private, & to all employees, public or private, including
casual, emergency, temporary or substitute employees.
fy.
2. What is notorious negligence that can cause denial of
compensation claim?
fz.
ga. ANS:
gb. Notorious negligence is something more than simple or
contributory negligence. It signifies a deliberate act of the employee
to disregard his own personal safety. Disobedience to the rules
and/or prohibition does not in itself constitute notorious negligence,
id no intention can be attributed to the injured to end his life.
gc.
gd.
3. What benefits are claimable under the EC program & under the
SS law because of an injury or disease?
ge.
gf.ANS:
gg. Benefits claimable under the EC Program are the following:
1. Services
a. Medical services, appliances & supplies; and
b. Rehabilitation services
2. Cash Income Benefits or Pension due to:
a. Temporary total disability;

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 b. Permanent total disability;
c. Permanent partial disability; and
d. Death
3. Funeral Benefits
gh.
gi. Benefits claimable under the SS Law are the following:
1. Monthly Pension;
a. Dependents pension
b. Retirement benefits
2. Death Benefits & Permanent Disability Benefits;
3. Funeral Benefits;
4. Sickness Benefits; and
5. Maternity Leave Benefits
gj. NOTE: Simultaneous recovery of benefits under
Employees’ Compensation Program of the Labor Code & under
the Social Security Law is allowed.
gk.
gl.Chapter III – Administration
gm. Box 23 - Dardo
1. Who administers the State Insurance Fund? What is the role
of the SSS?
gn.
go. It is administered by the government and attached to the
Department of Labor for policy coordination and guidance. Its
chairman is the Secretary of Labor and Employment.
gp. The SSS is the collecting agent of the employees in the
private sector of the State Insurance Fund.
2. Does the EC Commission decide on compensation claims?
Are their decisions appealable?
gq. Yes, the EC is the policy-making body of the
Employees Compensation Program and also the appeal body.
gr. The decisions of either SSS or GSIS, if unfavorable
to the claimant are appealable to the ECC. Upon appeal, the
system elevates the record of the case to the ECC for review.
gs. Chapter IV – Contributions
gt. Box 24 - Lusica
1. Is it the employers or the consumers that shoulder the
contributions to the State Insurance Fund (SIF)?
gu.
gv.Employers. Under the law, contributions shall be paid in their
entirety by the employer and any contract or device for the
deduction of any portion thereof from the wages or salaries of the
employees shall be null and void. chardox
gw. Chapter V Medical Benefits

Page 35
 gx. Box 25 - Lusica
1. What are the benefits recoverable under the EC Program?
gy.
gz.The benefits or “compensation” extended to the employee (or to
beneficiaries) are of three kinds: services, income benefit, and
funeral benefit.
A. Services
(1)Medical services, appliances and supplies;
(2)Rehabilitation services;
B. Cash Income Benefit or Pension due to:
(1)Temporary total disability;
(2)Permanent total disability;
(3)Permanent partial disability;
(4)Death.
C. Funeral benefit. chardox
ha.
2. Are medical benefits payable even after one’s retirement?
hb. Yes. In the case of Itogon Suyoc Mines Inc. vs. Dulay, et al,
medical attendance is owing as long as the employee is sick of a
compensable illness, and this duty is not ended when employment
terminates.
hc. Chapter VI – Disability Benefits
hd. Box 26 - Daypuyat
1. What are the kinds of disability benefits under the EC
program?
a. Income benefit
a.i. For temporary total disability
a.ii. Equivalent to 90% of his average daily salary credit
a.iii. Shall be paid to the ee from day 1 of his disability until the
120th day
b. Full monthly income benefit
b.i. for permanent total disability
b.ii. guaranteed for 5yrs
c. Permanent partial disability benefit
c.i. for Permanent partial disability
c.ii. same amount with permanent total
c.iii. monthly/lump sum (Until how many months will the ee
receive the income benefit under this category? Refer to
page 553. Example: loss of one thumb-10 months)
he.
2. When is a disability considered permanent-total?
 If the ee is unable to perform any gainful occupation for a
continuous period exceeding 120 days.
 An incapacity to perform gainful work which is expected to be
permanent. But does not require a condition of complete

Page 36
 helplessness. Nor is it affected by the performance of
occasional odd jobs (Abaya v. ECC)
 Example: Article 192
a. Temporary total disability lasting continuously for more than 120
days, except as otherwise provided;
b. Complete loss of sight of both eyes;
c. Loss of two limbs at or above the ankle or wrist;
d. Permanent complete paralysis of two limbs;
e. Brain injury resulting in incurable imbecility and insanity; and
f. Such cases as determined by the System and approved by the
commission.
hf.Chapter VII – Death Benefits
hg. Box 27 - Culaway
1. In case an SIF covered employee dies, how are the beneficiaries of the
death benefits
hh. As provided by law, Art 194(a) Under such regulations as the
Commission may approve, the System shall pay to the primary
beneficiaries upon the death of the covered employee under this
Title, an amount equivalent to his monthly income benefit, plus ten
percent thereof for each dependent child, but not exceeding five,
beginning with the youngest and without substitution, except as
provided for in paragraph (j) of Article 167 hereof: Provided,
however, That the monthly income benefit shall be guaranteed for
five years: Provided, further, That if he has no primary beneficiary,
the System shall pay to his secondary beneficiaries the monthly
income benefit but not to exceed sixty months: Provided, finally,
That the minimum death benefit shall not be less than fifteen
thousand pesos.
2. If there are competing claimants who resolves the disputes?
a. If there competing claimants the ECC is empowered by law to
resolve disputes in compensation claims.
hi.Chapter VIII – Provisions Common to Income Benefits
hj.Box 28 - Palamine
1. What are the liabilities of an employer who is delinquent in
his contributions to the SIF?
hk. An employer who is delinquent in his contributions shall be liable
to the System for the benefits which may have been paid by the
System to his employees or their dependents, and any benefit and
expenses to which such employer is liable shall constitute a lien on
all his property, real or personal, which is hereby declared to be
preferred to any credit, except taxes. The payment by the employer
of the lump sum equivalent of such liability shall absolve him from
the payment of the delinquent contribution and penalty thereon
with respect to the employee concerned.
hl. 2. What is the prescriptive period of EC claims?

Page 37
hm. As provided by law, No claim for compensation shall be given
due course unless said claim is filed with the System within three
(3) years from the time the cause of action accrued. (As amended
by Section 5, Presidential Decree No. 1921). Art 201
hn. Chapter IX – Records, Reports and Penal Provisions
ho. Box 29 - Ga
1. What steps need to be observed in filing and pursuing an
EC claim?
hp. Ans. Under Art. 206 of the present law on Employees’
Compensation, it is required that the employee, his dependents or
anybody on his behalf, should give the notice of sickness, injury or
death to the employer within five (5) days from the occurrence of
the contingency. The purpose is not only to establish the
employee’s right to compensation, as no claim for compensation
shall be given the employer, but also to enable the employer to
comply with its duty under the Rules – that of entering the
contingency in the logbook and of giving also due notice to the
System if the injury, sickness or death is deemed work-connected.
hq. The same article provides, however, that notice need not
be given if the employer or his agent or representative is aware of
the contingency that gives rise to the claim for compensation.
hr.
2. Under what circumstances may the notice to the
employer be dispensed with?
hs. Ans. Under ECC Resolution No. 2127, notice of injury, sickness or
death of the employee need not be given to the employer in any of
the following situations:
a. When the employee suffers the contingency within the
employer’s premises;
b. When the employee officially files an application for leave of
absence by reason of the contingency from which he suffers;
c. When the employer provides medical services and/or medical
supplies to the employee who suffers from the contingency;
and
d. When the employer can be reasonably presumed to have
knowledge of the employee’s contingency, in view of the ff.
circumstances:
1. The employee was performing an official function for
the employer when the contingency occurred;
2. The employee’s contingency has been publicized
through mass media outlets; or
3. The specific circumstances of the occurrence of the
contingency have been such that the employer can be
reasonably presumed to have readily known it soon
thereafter; and

Page 38
 4. Any other circumstances that may give rise to a
reasonable presumption that the employer has been
aware of the contingency.
ht.
hu.
hv.
hw.
hx.

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