LABOR CODE OF

THE PHILIPPINES
P.D. NO.
442
 labor
• the minimum requirements
standards
prescribed by existing laws, rules
and regulations relating to wages,
hours of works, cost-of-living
allowance, and the other monetary
and welfare benefits. Including
occupational safety, and health
 ART. 3. Declaration of
Basic Policy.
• The State shall afford protection to labor,
promote full employment, ensure equal
work opportunities regardless of sex, race
or creed, and regulate the relations
between workers and employers. The
State shall assure the rights of workers to
self-organization, collective bargaining,
security of tenure and just and humane
 ART. 82.
exempt
• Coverage.
Managerial Employees
•
ions:
Field Personnel
• Government Employees
• Domestic Helpers (Kasambahay)
• Workers Paid by Results
• Members of the Family of the Employer
• Independent Contractors
 Basic
• Minimum Wage: The law sets the minimum

Pay
wage that employers must pay their workers,
which is regularly adjusted based on economic
conditions and cost of living.
• Regular Working Hours: Up to 8 hours a day.
HEALTH PERSONNEL- 8hrs for 5days a
week. Services are rendered in population of
one (1) million or more or in hospitals and clinics
with a bed capacity of at least one hundred (100).
• Meal period: At least 1-hour time-off.
 Basic
No Pay
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.

Wages shall be paid at least once every two

(2) weeks or twice a month at intervals not
 Overtime
Premium
• Overtime work- Work may be performed
beyond eight (8) hours a day provided that
the employee is paid for the overtime work
an additional compensation equivalent to
his regular wage plus at least twenty-five
percent (25%) thereof.
 Overtime
• Any employee performing work on holidays
or Premium
on his scheduled rest days, not exceeding
eight (8) hours, shall be paid an additional
compensation of not less than thirty percent
(30%) of his regular wage. For work
performed in excess of eight (8) hours on
such days, he shall be paid an additional
compensation equivalent to his rate for the
first eight (8) hours on a holiday or rest day
• ART. 91. Right to Weekly Rest Day. — It
shall be the duty of any employer, whether
operating for profit or not, to provide each of
his employees a rest period of not less than
twenty-four (24) consecutive hours for every
seven (7) consecutive days.
 ART. 94. Compensation for Rest
Day/Sunday/Holiday Work.
a. Where an employee is made or permitted to work on
his scheduled rest day, he shall be paid an additional
compensation of at least thirty percent (30%) of his
regular wage. An employee shall be entitled to such
additional compensation for work performed on Sunday
only when it is his established rest day.
b. When the nature of the work of the employee is such
that he has no regular work days and no regular rest
days can be scheduled, he shall be paid an additional
c. Work performed on any legal holiday shall be paid
with an additional compensation of at least thirty
percent (30%) of the regular wage of the employee.
Where such holiday work falls on the employee's
scheduled rest day, lie shall be entitled to an
additional compensation of at least fifty percent (50%)
of his regular wage.
d. Where the collective bargaining agreement or other
applicable employment contract stipulates the
payment of a higher premium pay than that
prescribed under this Article, the employer shall pay
 Night Shift
• is an additional pay granted to a covered
Differential
employee who works any time from:
a. Private sector - 10pm to 6am the
following day
b. Government
Employees service
are entitled to - an
6pm to 6am 10%
additional the
of following day hourly wage for each hour
their regular
worked during this period.
NSD Pay = Hourly Rate x 10% x Hours
Worked during 10:00 PM to 6:00 AM
 Holiday
premium
• refers to the additional compensation an
employee receives for working (or not
working) on designated holidays.

Types of Holidays
• Regular Holidays
• Special (Non-Working) Holidays
 Regular
• If the employee does not work: The employee
Holidays
is entitled to 100% of their daily wage (basic pay)
for that day.
• If the employee works: The employee is
entitled to 200% of their daily wage for the first 8
hours of work.
• If the employee works overtime (beyond 8
hours): They receive an additional 30% of their
hourly rate for overtime.
Special (Non-Working)
• If the employee does not work: The employee is
Holidays
generally not entitled to any pay unless there is a
company policy or CBA granting special benefits.
• If the employee works: The employee is entitled
to 130% of their daily wage for the first 8 hours of
work.
• If the employee works overtime: They are entitled
to an additional 30% of their hourly rate for
overtime.
 13th
month pay
• Presidential Decree No. 851
• This law ensures that workers receive a bonus
equivalent to one-twelfth (1/12) of their total
basic salary earned within the calendar year,
regardless of the nature of their employment.
• Employers are required to pay the 13th month
pay on or before December 24 of each year.
Some companies opt to pay it in two installments
Coverag
• Rank-and-file employees in both the public and
e:
private sectors are entitled to 13th month pay,
regardless of their employment status (regular,
casual, probationary, contractual, etc.), provided
they have worked for at least one month during
the calendar year.
• Managerial employees are generally excluded
from this benefit, as they may receive other forms
of bonuses depending on their contracts or
company policies.
 Pro-Rated 13th
Month Pay
• Employees who did not work the full calendar
year (e.g., due to resignation, termination, or new
employment) are still entitled to a pro-rated 13th
month pay based on the number of months they
worked.
 Pro-Rated 13th
Month Pay
• Employees who did not work the full calendar
year (e.g., due to resignation, termination, or new
employment) are still entitled to a pro-rated 13th
month pay based on the number of months they
worked.
Leave
Thes leaves mandated under Philippine labor
standards are essential for promoting employee
well-being, ensuring that workers can take
necessary time off for health, family, and personal
matters. Employers must comply with these
standards to protect employees’ rights and
• Philippines
promote a healthy Required
work Leave
environment.
• Philippines Non-Required Leave
• Special Leave Privileges in the Philippines
 Philippines
Required
• Service Leave
Incentive Leave (SIL) all employees
who have rendered service for at least a year of
service will receive 5 days of leave credits
annually. Employees can use these credits for
vacation or sick leave and receive payment during
these absences.
 Philippines
Required Leave
• Service Incentive Leave (SIL)
Employees that are not eligible for SIL:
• Government employees
• Managerial employees
• Field personnel
• Domestic helpers
• Employees in businesses with less than 10
employees
• Employees that have at least 5 days vacation
 Philippines
Required
• Maternity Leave
Leave Every pregnant female
worker in the Philippines, regardless of their
civil status, is entitled to 105 days of
maternity leave. A female employee who has
made at least 3 monthly contributions to the
Social Security System (SSS) throughout the
12-month period prior to the semester of her
birth is eligible for a paid daily maternity leave
benefit.
 Philippines
Required Leave
• Maternity Leave An additional 15 days (for
a total of 120 days) if the employee is a solo
parent (under the Solo Parents' Welfare Act).
• 60 days of paid leave for miscarriage,
emergency termination of pregnancy, or
stillbirth.
• The maternity leave benefit provides full pay
based on the employee’s average daily salary
credit (ADSC) for the duration of the leave.
 Philippines
Required
• Paternity Leave
Leave
Married male employees
can seek 7 days of paid leave to assist their
spouses with childbirth, recuperation, and
infant care, for the deliveries of their first four
children.
• Republic Act No. 8187, also known as the
Paternity Leave Act of 1996.
• The leave must be taken within the first 60
days following the birth of the child.
Eligibility
:
To qualify for paternity leave, the male empl
oyee must:
• Be legally married to the mother of the child.
• Be a member of the private sector, a
government employee, or part of any
company covered by the law.
• Have cohabited with the mother at the time of
childbirth.
• Be employed at the time of the childbirth.
 Philippines
Required Leave
• Victims of Violence Against Women and T
heir Children (VAWC) Leave
Female employees who are victims of
violence or assault, as defined in
Republic Act No. 9262, are entitled to up to 10
days of paid leave, which can be extended as
needed. The leave benefit is made available in
order for the employee to attend to medical
and legal issues.
 Philippines
Required Leave
• Victims of Violence Against Women and T
heir Children (VAWC) Leave
The leave can be extended if needed and may
depend on the protection orders issued by the
court.
• During the VAWC leave, the female employee
is entitled to full pay based on her current
daily salary.
• The 10-day VAWC leave is separate from all
 Philippines
Required Leave
• Parental Leave for Solo Parents Under
Republic Act No. 8972, parents who are solely
responsible for parenthood are entitled to 7
days of paid parental leave. However, the
individual’s circumstances must fit one of the
following scenarios:
• Birth as a result of rape and other
crimes against chastity;
• Death of spouse;
• Physical and/or mental incapacity of the spous
e as certified by a public medical practitioner;
• Legal separation or de facto separation from s
pouse for at least 1 year, provided that the ind
ividual has been entrusted with the child/childr
en’s custody;
• Declaration of marriage annulment as decreed
by a court or church;
• Spouse abandonment for at least a year;
• Unmarried individual who has preferred to kee
p and care for their child or children;
• Any other person who primarily gives parental
care and support, provided that the individual i
s a duly licensed foster parent by the
Department of Social Welfare and Developmen
t (DSWD)
or duly designated legal guardian by the court
; and
• Any family member who takes on the role of fa
mily head as a result of the death, abandonme
nt, disappearance, or extended absence of the
parents, provided that such circumstances las
Aside from the pre-requisites listed, the solo parent
employee must comply with the following to be eli
gible for leave:
• Employee has rendered at least 1 year of servic
e, whether continuous or broken;
• The employer has been notified of the intention
to take the absence within a reasonable period
of time; and
• The employer has been presented with a
Solo Parent Identification Card
, which can be obtained from the DSWD office o
 Philippines
• Special Leave Benefits for Women In the
Required
Philippines, female Leave
employees are mandated to
request a 2-month leave benefit (with full
payment based on their gross monthly income)
due to surgery for gynecological disorders. This
is regardless of their age or civil status but the
employee must have rendered at least 6
months of continuous aggregate. In the case
that she needs to extend her leave, she can use
 Philippines
• Special Leave Benefits for Women The
Required
exact Leave
duration of the leave is determined by the
woman’s physician based on the nature and
severity of the surgery and her recovery needs.
• Republic Act No. 9710, also known as the
Magna Carta of Women.
• The special leave for women is in addition to
sick leave, vacation leave, maternity leave, and
other statutory leaves.
Thank
You