THE LABOR CODE OF THE PHILIPPINES

Presidential Decree No. 442, AS AMENDED May 1, 1974

A DECREE INSTITUTING A LABOR CODE THEREBY

REVISING AND CONSOLIDATING LABOR AND SOCIAL
LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE
EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT
AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL
JUSTICE

1
PRELIMINARY TITLE

Chapter I
GENERAL PROVISIONS
Article 1. Name of Decree. This Decree shall be known as the "Labor Code of
the Philippines".

Article 2. Date of effectivity. This Code shall take effect six (6) months after its
promulgation. (November 1, 1974)

Department Order No. 01 (July 21, 2015)- Renumbering of the

Labor Code of the Philippines, as amended

2
 THE LABOR CODE OF THE PHILIPPINES

BOOK ONE- PRE-EMPLOYMENT

➢ Title 1- Recruitment and placement of workers
➢ Title 2- Employment of Non-resident aliens

BOOK TWO- HUMAN RESOURCE DEVELOPMENT PROGRAM

➢ Title 1- National Manpower Development Program
➢ Title 2- Training and Employment of Special workers
( Apprentices, Learners and handicapped workers)

BOOK THREE- CONDITIONS OF EMPLOYMENT

➢ Title 1- Working Conditions and Rest periods
➢ Title 2- Wages
➢ Title 3- Working condition for special groups of employees
( employment of women, minors, house helpers, home
workers, night workers)

3
BOOK FOUR- HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS
➢ Title 1- Medical and Dental Services
➢ Title II- Employees compensation and State insurance fund
➢ Title III- Medicare
➢ Title IV- Adult Education
BOOK FIVE- LABOR RELATIONS
➢ Title I- Policy and Definitions
➢ Title II- National Labor Relations Commission
➢ Title III- Bureau of Labor Relations
➢ Title IV- Labor Organizations
➢ Title V- Coverage
➢ Title VI- Unfair Labor Practices
➢ Title VII- Collective Bargaining and Administration of agreement
➢ Title VII-A- Grievance machinery and voluntary arbitration
➢ Title VIII- Srikes and Lockouts and Foreign involvement in Trade
Union activities
➢ Title IX- Special Provisions

4
BOOK SIX- POST- EMPLOYMENT
➢ Title I- Termination of Employment
Title II- Retirement from Service

BOOK SEVEN- TRANSITORY AND FINAL PROVISIONS

➢ Title I- Penal Provisions and liabilities
➢ Title II- Prescription of Offenses and Claims
➢ Title III- Transitory and Final Provisions

5
NOTES ▪
➢This book retains the text of the Labor Code of the
Philippines in the original or in its latest legislative
amendment or revision. Provisions expressly repealed
by subsequent laws are duly noted for reference.

➢The current Department of Labor and Employment

(DOLE) may be referred to in some provisions as
“Ministry of Labor and Employment,” “Ministry of Labor,”
or “Department of Labor.”

6
➢Similarly, in line with Sec. 30 of E.O. No. 126,
“Reorganizing the Ministry of Labor and Employment
and for Other Purposes” (1987), the titles of Minister,
Deputy Minister, and Assistant Minister shall be
understood to refer to Secretary, Undersecretary, and
Assistant Secretary, respectively. The new terms and
names pertaining to DOLE offices and attached
agencies likewise appear in the footnotes.

7
 This reflects the most recent amendments pursuant to recently enacted
laws, such as:
➢ R.A. No. 11360 (2019), An Act Providing that Service Charges Collected by
Hotels, Restaurants and Other Similar Establishments be Distributed in Full
to All Covered Employees, Amending for the Purpose Presidential Decree No.
442, as Amended, Otherwise Known as the “Labor Code of the Philippines.”

➢ R.A. No. 11210 (2019), “An Act Increasing the Maternity Leave Period to
One Hundred Five (105) Days for Female Workers with an Option to
Extend for an Additional Thirty (30) Days Without Pay, and Granting an
Additional Fifteen (15) Days for Solo Mothers, and for Other Purposes.”

➢ R.A. No. 11058 (2018), “An Act Strengthening Compliance with

Occupational Safety and Health Standards and Providing Penalties for
Violations Thereof.”

8
➢ R.A. No. 10911 (2016), “An Act Prohibiting Discrimination Against Any
Individual in Employment on Account of Age and Providing Penalties
Therefor,” or the “Anti-Age Discrimination in Employment Act.”

➢ R.A. No. 10917 (2016), “An Act Amending Certain Provisions of R.A. No.
9547, Otherwise Known as An Act Strengthening and Expanding the Coverage
of the Special Program for Employment of Students, Amending for the
Purpose Provisions of R.A. No. 7323, Otherwise Known as the Special
Program for Employment of Students (SPES).”

➢ R.A. No. 10741 (2016), “An Act Strengthening the Operations of

the National Labor Relations Commission.”

9
➢ R.A. No. 10757 (2016), “An Act Reducing the Retirement Age of Surface
Mine Workers from Sixty (60) to Fifty (50) Years, Amending for the Purpose
Article 302 of P.D. No. 442, As Amended.” Section 3 of the said law contains a
Renumbering Clause: “For purposes of uniformity, the numerical designation of
Title II (Retirement), Book Six of Presidential Decree No. 442, as Article 302 in
Section 1 of this Act, shall be renumbered in accordance with Republic Act No.
10151 and as promulgated by the Department of Labor and Employment in
their Department Advisory Order No. 01, series of 2015.”

➢ R.A. No. 10801 (2016), “An Act Governing the Operations and
Administration of the Overseas Workers Welfare Administration,”
otherwise known as the Overseas Workers Welfare Administration Act.

10
➢ R.A. No. 10706 (2015), “An Act Protecting Seafarers Against Ambulance
Chasing and Imposition of Excessive Fees, and Providing Penalties
Therefor” or the Seafarers Protection Act which provides that attorney’s fees
or fees for representation / appearance before the NLRC, NCMB, POEA,
and any of the DOLE offices, shall not exceed ten percent (10%) of the
compensation or benefit awarded to the seafarer of his/her heirs.

➢ R.A. No. 10691 (2015), “An Act Defining the Role of the DOLE, LGUs, and
Accredited NGOs in the Establishment and Operation of the PESO, and the
Operation of Job Placement Offices in Educational Institutions … Otherwise
Known as the PESO Act of 1999.” The DOLE issued D.O. No. 157 (2016)
to serve as its Implementing Rules and Regulations, as mandated under
Sec. 6 of the said law.

11
12
 Labor
STANDARDS

•To emphasize to them that there is a benefit to understanding LR

•Perhaps they will see these problems in parallel with the situation in
their organization, and realize that the difficulties they are experiencing
are due to a lack of knowledge about LR

1
The employment relationship is governed
by human and labor relations

Industry

+
Employer Workers

Productivity

2
 Where does the employer-
employee relationship start?

Contract of Employment

4
 The 4-Point Test of an
Employer-Employee Relationship

1. selection of employees
2. payment of wages
3. power to dismiss
4. power to control employee’s
conduct, output and means of
delivering the output

•From jurisprudence
•Most important of these elements as defined by the courts is the
“Control” test

5
 Rights of the Employee

1. Right to self-organization
2. Right to join a union or disaffiliate
from it
3. Right to collective bargaining
and negotiation
4. Right to Strike
5. Right to be given an opportunity to
be heard in disciplinary cases

•From jurisprudence
•Most important of these elements as defined by the courts is the
“Control” test

7
 Rights of the
Employer

•From jurisprudence
•Most important of these elements as defined by the courts is the
“Control” test

8
 Rights of the Employer

1. Right to reasonable returns on

investments, expansion, & growth
2. Right to select person to be hired
3. Right to adopt, implement, modify,
amend, or revoke reasonable
employment regulations
4. Right to transfer employees

•From jurisprudence
•Most important of these elements as defined by the courts is the
“Control” test

9
 Rights of the Employer

5. To determine work assignments,

working methods, time , place, &
manner of work, tools to be used
and processes to be followed
(TERMS & CONDITIONS OF
EMPLOYMENT)

•From jurisprudence
•Most important of these elements as defined by the courts is the
“Control” test

10
 Rights of the Employer

6. Right to determine standard of

work and levels of efficiency
7. To introduce new or improved
methods, facilities and devices
- e.g. labor-saving devices
8. To create, merge, divide, reclassify
& abolish dept.s or positions in the
company

•From jurisprudence
•Most important of these elements as defined by the courts is the
“Control” test

11
 Rights of the Employer

9. Right to sell or close business

10. Right to lockout in a labor

dispute

11. Right to suspend or terminate

employees

•From jurisprudence
•Most important of these elements as defined by the courts is the
“Control” test

12
 Labor
Standards

•To emphasize to them that there is a benefit to understanding LR

•Perhaps they will see these problems in parallel with the situation in
their organization, and realize that the difficulties they are experiencing
are due to a lack of knowledge about LR

13
 LABOR STANDARDS
 OVERTIME PAY  MEAL & REST
PERIODS
 NIGHT
DIFFERENTIAL  RETIREMENT PAY

 HOLIDAY PAY  PATERNITY &

MATERNITY LEAVES
 SERVICE
INCENTIVE LEAVE  LIMITS ON
EMPLOYMENT OF
 MINIMUM WAGE- WOMEN & MINORS
 13TH MONTH PAY  SEXUAL
 WEEKLY REST HARASSMENT RULES
PERIODS  OCCUPATIONAL
 SEPARATION PAY HEALTH AND
SAFETY RULES

14
BY THE EMPLOYER BY THE EMPLOYEE

15
 ACTUAL CONSTRUCTIVE
(Termination) (Constructive Dismissal)

16
JUST CAUSES FOR TERMINATION
ART. 297 [ 282] LCP

1. Serious Misconduct
2. Gross and Habitual Neglect of
Duty
3. Fraud or Willful Breach of Trust;
Loss of Confidence
4. Commission of a Crime or
Offense by Employee
5. Other Analogous Cases

19
 Authorized Causes for Termination
ART. 298-299 [ 283-284] LCP
•Redundancy - employees’ positions are
“superfluous” because their work is duplicated or
unnecessary (e.g. installation of labor saving devices,
merger of two companies, streamlining of
operations)

•Retrenchment - serious and imminent losses

force the employer to let some employees go

•Closure/Cessation of Business - the

employer stops doing business

20
If termination is of Authorized
Cause:

 Payment of separation pay

 Provide written notice to concerned
employee thirty (30) days before the
effectivity of the termination
 Notice of Termination to DOLE thirty
(30) days prior effectivity

21
Pursuant to Art. 294 [279]LCP,
when an employee is illegally
terminated, he has the right to:

1) Reinstatement
2) Backwages
3) Damages
4) Attorney’s Fees

22
The Department of Labor and Employment (DOLE) was
established as a small bureau in 1908 under the
Department of Commerce and Police. It had, for its
principal functions, the registration of laborers, the
compilation and analysis of statistics pertaining to labor
market situation, the organization of employment agencies,
and the settlement of disputes.

On December 8, 1933, the Bureau of Labor was

constituted as a Department by virtue of Republic Act 4121.
Since then, it has continuously evolved its thrusts and
strategies to respond to emerging socio-political and
economic challenges while keeping as primary concern the
protection and promotion of the welfare of local and
overseas Filipino workers (OFWs).

1
Today, the DOLE is the national government agency
mandated to formulate policies, implement programs and
serve as the policy-coordinating arm of the Executive
Branch in the field of labor and employment.

To carry out its mandate, the DOLE has 16 regional

offices, 83 Field Offices with four (4) Satellite Offices, 38
overseas posts, 7 bureaus, 7 staff services and 12
agencies attached to it for policy and program
supervision and/or coordination. It has a total manpower
complement of 8,518.

2
Our Vision

Every Filipino worker attains full, decent

and productive employment.

3
Our Mission

To promote gainful employment

opportunities,

develop human resources,

protect workers and promote their

welfare,

and maintain industrial peace.

4
Our Goals

To realize its vision of full, decent and productive

employment for every Filipino worker, the
Department pursues four strategic goals, as follows:

1) a gainfully employed workforce,

(2) a globally competitive workforce,

(3) a secure workforce, and
(4) a safe and healthy workforce.

Attainment of these strategic goals would be

the Department’s contribution to the national goal
of reducing poverty.

5
The Department of Labor and Employment
Family of Agencies
1. Employees Compensation Commission (ECC)
2. Institute for Labor Studies (ILS)
3. Maritime Training Council (MTC)
4. National Conciliation and Mediation Board (NCMB)
5. National Labor Relations Commission (NLRC)
6. National Maritime Polytechnic (NMP)
7. National Wages and Productivity Commission (NWPC)
8. Occupational Safety and Health Center (OSHC)
9. Professional Regulation Commission (PRC)
10. Technical Education and Skills Development Authority
(TESDA)

6
 DOLE-12 ORGANIZATIONAL STRUCTURE

RAYMUNDO G. AGRAVANTE
Regional Director

ARLENE R. BISNON
Asst. Regional Director
Atty. Jasmin M. Demetillo-Galvan, CPA
Med-Arbiter

RUBY B. CARRASCO FATIMA QL BATAGA

Technical Services and OIC- Internal Management
Support Division(TSSD) and Services Division(IMSD)

MARY JANE C. HOKSUAN MARJORIE P. LATOJA WILLIE B. CONCEPCION, MPA DOMINGO C. BARON
Head, S.K. Field Office, Head, North COT. Head, South Cot. Field Office, Head, GENSAN Field Office
Tacurong City Field Office, Kid. City Koronadal City Field Office, GenSan City

SHEILA MARIE D. DUMALAY

Head- Sarangani Field Office
Alabel, Sarangani

7
How does DOLE help in the promotion and creation of
employment in the Philippines?

DOLE supports the promotion of industrial peace through

education, expeditious and fair resolution of labor disputes,
enhancement of labor-management cooperation and
promotion of tripartism in policy and decision making in order
to preserve jobs and enhance the quality of employment in the
country.

8
What is the main government agency that carries out the
promotion and development of overseas employment for
Filipino workers?

The Philippine Overseas Employment Agency (POEA) is

a government agency that is responsible for the
administration of overseas employment programs in the
Philippines. It is also responsible for safeguarding the rights
and welfare of Filipino workers abroad.

9
 Program and Services

1. Employment Facilitation

➢ Public Employment Service Office (PESO)

➢ PhilJobnet

➢ Job Fair

➢ National Skills Registration Program

10
2. Employment Bridging

➢ Special Program for Employment of Student

(SPES)

➢ DOLE Government Internship Program (DOLE

GIP)

➢ Job Start Philippines Program

11
3. Regulatory

➢ Alien Employment Regulation

➢ Private Employment Agency

➢ Assistance to First Time Job Seekers

12
CIVIL CODE OF THE PHILIPPINES

ART. 22.- provides that no one shall be unjustly

enriched at the expense of another.

ART. 1308. – terms of a contract can not be withdrawn except

by mutual agreement or consent of contracting parties.

ART. 1377.- The interpretation of obscure words or stipulation

in a contract shall not favor the party who caused the
obscurity.

Art. 1702.- in case of doubt , all labor contract shall be

construed in favor of labor.

13
ART. 4, LCP. Construction in Favor of
labor- all doubts in the implementation and
interpretation of the provision of this Code,
including its implementing rules and
regulations, shall be resolved in favor of
labor

14
Workers Basic
Rights

15
The State shall protect labor, promote full
employment, provide equal work
opportunity regardless of gender, race, or
creed; and regulate employee-employer
relations.

➢ Male and female employees are entitled

to equal compensation for work of equal
value and to equal access to promotion and
training opportunities.

➢ Discrimination against female employees is

unlawful.

16
➢ Male and female employees are entitled to
equal compensation for work of equal value
and to equal access to promotion and
training opportunities.

➢The minimum age of employment is

18 years for hazardous jobs, and 15 years
for non-hazardous jobs.

17
• Security of Tenure- Art. 294 [ 279]

Every employee shall be assured security of

tenure. No employee can be dismissed from
work except for a just or authorized cause,
and only after due process.

❖ Just Cause refers to any wrongdoing

committed by an employee including:

1.serious misconduct

2. willful disobedience of employers'

lawful orders connected with work

18
 3. gross and habitual neglect of duty

4. fraud or willful breach of trust

5. commission of crime or offense against

the employer, employer's family
member/s or representative

6. other analogous cases

19
Authorized Cause refers to an economic
circumstance not due to the employee's fault,
including:

1. the introduction of labor-saving devices

2. redundancy
3. retrenchment to prevent losses
4. closure or cessation of business
5. Disease as ground for termination(Art.299)

20
Due Process in cases of just cause
involves:

1. notice to employee of intent to

dismiss and grounds for dismissal
2. opportunity for employee to explain
his or her side
3. notice of decision to dismiss

21
Art. 295 [ 280] – Regular and Casual Employment

➢ The provisions of written agreement to the contrary not

withstanding and regardless of the oral agreement of the
parties, an employment shall be deemed to be regular
where the employee engaged to performed activities
which are usually necessary and desirable in the usual
business or trade of the employer;

➢ Except where the employment has been fixed for a

specific project or undertaking the completion or
termination of which has been determined at the time of
the engagement of employee or;

➢ Where the work or services to be performed is

seasonal in nature and the employment is for the
duration of the season.

22
 Art. 296 [ 281]- PROBATIONARY EMPLOYMENT

➢ Probationary employment shall not exceed six (6)

months from the date the employee started working,
unless it is covered by an apprenticeship agreement
stipulating a longer period.
➢ The services of an employee who has been engaged
on a probationary may be terminated for a just cause or
when he fails to qualify as a regular in accordance with
reasonable standards made known by the employer to
the employee at the time of his engagement
➢ An employee who is allowed to work after a
probationary period shall be considered as regular
employee

23
Art. 300 [285]- Termination by Employee

a) An Employee may terminate w/ out just cause the

employee- employer relationship by serving a written notice
on the employer at lease one(1) month in advance. The
employer upon whom no such notice was served may hold
the employee liable for damages

b) An employee may put an end to the relationship

without just serving any notice on the employer for any
of the following just causes:

1. Serious insult by the employer or his representative

on the honor and person of the employee

24
2. Inhuman or unbearable treatment accorded the
employee by the employer or his representative

3. Commission of crime or offense by the employer or his

representative against the person of the employee or any
of the immediate members of his family; and

4. Other causes analogous to any of the foregoing

25
▪ Work Days and Work Hours

➢ Work Day refers to any day during which

an employee is regularly required to work.

➢ Hours of Work refer to all the time an

employee renders actual work, or is required
to be on duty or to be at a prescribed
workplace.

➢ Normal hours of work in a day is 8 hours

26
 ADOPTION OF FLEXIBLE WORK
ARRANGEMENT- Dept. Advisory No. 2-09

➢ Coping mechanisms and remedial measures in times

of Econ. Difficulties and national emergencies
➢ Reduction of business costs and help in saving jobs

➢ Alternative arrangement of schedules other than the

traditional or standard work hours

➢ Voluntary basis/consultation w/ employees and

effectivity and implementation shall be temporary in
nature

27
ttwe

28
29
30
31
32
Art. 83. Normal hours of work. The normal
hours of work of any employee shall not
exceed eight (8) hours a day.

Health personnel in cities and municipalities with a

population of at least one million (1,000,000) or
in hospitals and clinics with a bed capacity of at
least one hundred (100) shall hold regular office
hours for eight (8) hours a day, for five (5) days a
week, exclusive of time for meals,

33
except where the exigencies of the service require
that such personnel work for six (6) days or forty-eight
(48) hours, in which case, they shall be entitled to an
additional compensation of at least thirty percent
(30%) of their regular wage for work on the sixth day.

For purposes of this Article, "health personnel" shall

include resident physicians, nurses, nutritionists,
dietitians, pharmacists, social workers, laboratory
technicians, paramedical technicians, psychologists,
midwives, attendants and all other hospital or clinic
personnel.

34
Section 3, Rule I-A- Determination of Bed
Capacity- The bed capacity of hospital or clinic as
determined by the Bureau of Medical Services
pursuant to R.A. 4226, otherwise known as the
Hospital Licensure Act shall prima facie be considered
as the actual bed capacity of the hospital or clinic

b) The size of the population of the City or

Municipality shall be determined from the latest
official census issued by the NSO

35
▪ Weekly Rest Day

➢ A day-off of 24 consecutive hours after

6 days of work

36
Payment of Wages

➢ Wages shall be paid in cash, legal

tender at or near the place of work.

➢ Payment shall be made directly to

the employees.
➢ Wages shall be given not less
than once every two (2)
weeks or twice within a month
at intervals not exceeding 16
days.

37
• Employment of Women

➢ Nightwork prohibition unless allowed by

the Rules:

•in industrial undertakings from

10PM to 6AM
•in commercial/non-industrial undertakings
from 12MN to 6AM
•in agricultural undertakings, at night time
unless given not less than
9 consecutive hours of rest

38
 ➢ Welfare facilities must be installed at the
workplace such as seats, separate
toilet rooms, lavatories, and
dressing rooms.

• Employment of Children

➢ Minimum employable age is 15 years.

➢ worker below 15 years of age should be

directly under the sole responsibility of
parents or guardians; work does not
interfere with child's schooling/normal
development.

39
➢ No person below 18 years of age can be
employed in a hazardous or
deleterious undertaking.

• Safe Working Conditions

➢ Employers must provide workers with

every kind of on-the-job protection
against injury, sickness or death
through safe and healthful
working conditions.

40
• Right to Self-Organization and
Collective Bargaining

➢ The right to self-organization is the right of

every worker, free of any interference
from the employer or from government,
to form or join any legitimate worker's
organization, association or union of his
or her own choice.

➢ An employee is eligible for membership

in an appropriate union on the first
day of his or her employment.

41
➢ The result of collective bargaining is a
contract called collective bargaining
agreement (CBA). A CBA generally
has a term of five years.

It is a process where the parties agree:

1.to fix and administer terms and conditions

of employment which must not be below
the minimum standards fixed by law

2. to set a mechanism for resolving their

grievances

42
WORKERS’ STATUTORY
MONETARY BENEFITS

Bureau of Working Conditions

43
 WAGE ORDER NO. RB XII- 22

Daily New Min. New Min. Daily

Minimum Daily Wage Wage Rates
Wage Rates Sept. 1, 2022
Industry/Sector (WO#21) June 9, 2022 ( Wage Order
May 1,2020 ( Wage Order # 22)
# 22)
st
1 tranche

Non-Agriculture 336.00 352.00 368.00

Agriculture/ 315.00 331.00 347.00
Retail/ Services

44
CCollegiate Level- MECS ORDER #35 s 1984- Maximum load for Arts and
Science Educ. Instructor is 24 units/hrs. per week

➢ Six(6) days workweek/daily teaching do not exceed 8 hrs.

EMR= P 368 x 313

12
= P 9,598.67- full-time

295- Ordinary working days

12- Regular Holidays
6 Special Holidays(if considered paid)
313

Computation: per unit

P 9,598.67 ÷ 24 units = P 399.94.00

Per Hour:
Normal load per month= 24 hrs/wk x 52 wks =104 hrs
12
Min. Monthly Wage per hr. = P 9,598.67 = P 92.29
104 hrs

45
Secondary Level- 5 days work week/daily teaching not to
exceed 8 hrs
➢ Full-time- 6 hrs. actual classroom teaching , 2 hrs non-
teaching

EMR= P 368.00 x 261 days = P 8,004.00

12
Where: 243- Ordinary working days
12- Regular Holiday
6 Special Holidays(if considered paid)
261

Normal load/month= 30 hrs/wk x 52 wks. = 130 hrs

12
Min. Monthly wage/hr. = P 8,004.00= P 61.57
130 hrs
Part-time (15 hrs/wk) = 15 hrs. x 52 wks = 65 hrs./mo.
12
= 65 hrs./mo. X P 61.57= P 4,002.05

46
Elementary level- 5 days work week/daily teaching do
not exceed 8 hrs.
➢ Assigned to no more than the full charge of one class
and where departmental teaching is observed to an
equivalent load
➢ Per MECS Order No. 6 s 1982 the elem. School
curriculum has seven(7) subjects in Grades V and VI

Full-time EMR= p 311 X 261 = p 6,764.00

12
Min, Mo. Rate/subject = P 6,764.00 = P 966.00
7 subject
Part-time ( 4 subjects/day) = 4 subjects x P 966.00
= P 3,864.00

47
 SSuggested Formula in determining Equivalent Monthly
Minimum Wage Rates

FFor the Cities of, Kidapawan and Tacurong and the

Provinces of North Cotabato and Sultan Kudarat

a) For those who are required to work everyday including

Sundays or Rest days, Special days and Regular Holidays
and Muslim Legal Holidays

EMR= P 368.00 x 397.40

12 months
= P 12,186.93

48
292 days Ordinary working days
24- Regular Holidays x 200%
6 3 Muslim Holidays x 200%
67.60 52 rest days x 130%
7.8 6 Special days x 130%
397.40 Total Equivalent number of days

49
b)For those who do not work but are considered
paid on rest days , Special days and Regular
Holidays ( Monthly paid employees

EMR= P 368 x 365 days

12 mos.
= P 11,193.33

292 days Ordinary working days

52 Rest Days/Sundays
12 Regular Holidays
3 Muslim Legal Holidays
6 Special days
365 Total Equivalent number of days

50
c) For those who do not work and are not
considered paid on rest days or Sundays

EMR= P 368.00 x 313 days

12 mos.
= P 9,598.67

292 days Ordinary working

12 Regular Holidays
3 Muslim Legal Holidays
6 Special days
313 Total Equivalent number of days

51
d) For those who do not work and are not
considered paid on Saturdays and rest days
or Sundays

EMR= P 368 x 261 days

12 mos.
= P 6,764.00
243 days Ordinary working days
12 Regular Holidays
3 Muslim Legal Holidays
3 Special days
261 Total Equivalent number of day

52
Definition of Terms

Wage- all remuneration of earnings, expressed in

terms of money payable by employer to an employee
under a written or unwritten contract for work done or to
be done and includes the fair and reasonable value of
board, lodging, or other facilities customarily furnished
by the employer to the employee.

Basic Wage- all remuneration or earnings paid by an

employer to workers for services rendered on normal
working days/hours, but does not include cost of
living allowance, profit sharing, premium payments,
13th month pay and other monetary benefits which
are not considered as part of or integrated into the
regular salary.

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Cost of living Allowance (COLA)- intended to help the
worker to cope with the rising cost of living and is not
part of basic wage

Agriculture- engaged in agriculture

Non-Agriculture- refers to establishments or

industries other than agricultural enterprises

Retail/Service- principally engaged in the sale of

goods/services to end users for personal or
household use.

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 HOLIDAY PAY- refers to the payment of the regular
II. II.
daily wage for any unworked regular holidays
(entitled to daily basic wage and COLA), provided he/she is
present or is on leave of absence w/pay immediately
preceding the holiday

➢ Work performed merits at least twice(200%) the

Minimum Wage rate

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Twelve(12) regular holidays in a year:

1. New Years Day- Jan. 1

2. Maundy Thursday- Movable date
3. Good Friday- Movable date
4. Araw ng Kagitingan- Monday Nearest April 9
5. Labor Day- Monday Nearest May 1
6. Independence Day- Monday nearest June 12
7. National Heroes’ Day- Last Monday of August
8. Bonifacio Day- Monday nearest Nov. 30
9. Christmas Day- Dec. 25
10. Rizal Day- Monday nearest Dec. 30
11. Eidl Fit’r- Movable date
12. Id-ul-Adha - Movable date

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Muslim Holidays- PD 1083 (Code of Muslim Personal
Laws of the Phils.

1. Amun Jadid- (New Year)- movable date

2. Maulid-un-Nabi ( Birthday of Prophet Muhammad) –
Movable date
3. Lailatul Isra Wal Mi raj - ( Nocturnal journey and
Ascension of the Prophet Muhammad) - Movable date

Proclamation No. 1236- Oct. 29, 2021

Special (non-working)Days- E.O. 292, as

amended by RA 9492-
1. Ninoy Aquino Day- Monday nearest August 21
2. All Saints Day- Nov. 1
3. Chinese New Year- Feb. 1 (Tuesday)

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444. EDSA People Power Revolution Anniversary- Feb. 25
(Friday)
5. Black Saturday- April16
6.Feast of Immaculate Conception of Mary- Dec. 8
(Thursday)

Special (working Days)

1. All Souls’ Day- Nov. 2 ( Wednesday)

2. Christmas Eve- December 24 ( Saturday)
3. Last day of the year – Dec. 31 (Saturday)

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III. PREMIUM PAY- additional compensation for work
performed within eight(8) hours on nonwork days, such
as rest days and special days

1. For work performed on restdays or special

days- plus 30% of the daily basic wage

2. For work performed on Special Day which is

also scheduled rest day- Plus 50%

3. For work performed on regular holidays which

is also rest day- Plus 30% of the regular holiday
rate (200% of basic wage)

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Exception:

6. Field personnel, if they regularly perform

their duties away from the principal or branch
office or place of business or the employer
and whose actual hours of work in the field
cannot be determined with reasonable
certainty

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IV. OVERTIME PAY- Additional compensation for work
performed beyond eight (8) hours a day

1. For work performed in excess of eight(8) hours on

Ordinary days- Plus 25% of the hourly rate

2.For work in excess of eight(8) hours performed

on a scheduled rest day, special day, and a
regular holiday- Plus 30% of the hourly rate

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Exception:

6. Field personnel, if they regularly perform

their duties away from the principal or branch
office or place of business or the employer
and whose actual hours of work in the field
cannot be determined with reasonable
certainty

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V. NIGHT SHIFT DIFFERENTIAL-
additional compensation of 10% of an
employees regular wage for each hour of
work performed between 10 p.m. and 6 a.m.

EXCEPTION:

2. Those retail and Service establishments

regularly employing not more than five(5)
workers;
6. Field personnel and those whose time and
performance are unsupervised by the employer

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VI. SERVICE INCENTIVE LEAVE-

Every employee who has rendered at least

one(1) year of service is entitled to SIL of 5
days with pay

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This benefit applies to all employees except:

1. Government Employees
2. Those of retail and service establishments regularly
employing less than ten (10) workers;
3. Managerial employees/ Officers or members of a
managerial staff
4. Househelpers and persons in the personal service of
another;
5. Field personnel and other employees whose time and
performance is unsupervised by the employer
6. Those enjoying vacation leave with pay of at least five(5)
days

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 R.A. No. 11210
105-Day Expanded Maternity
Leave Law (EMLL)

WILLIE B. CONCEPCION
Supvg. Labor and Employment Officer
DOLE12- Cot. City Field Office

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 MATERNITY LEAVE ( RA 8282, as amended by RA 11210)

➢ The Maternity leave benefit shall be for one hundred

five(105) days with full pay, and additional fifteen(15)
days with full pay in case the female employee qualifies
as a solo parent under RA 8972, or the “ Solo Parents’
Welfare Act of 2000”.

➢ In case of miscarriage or emergency termination of

pregnancy, the maternity leave shall be for sixty (60)
days with full pay.

➢ In cases of live childbirth, an additional maternity leave of

thirty(30) days without pay, can be availed of, at the option
of the female employee, provided the employer shall be
given due notice

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Definition of Terms:

Pregnancy- refers to the period from conception up to

the time before actual delivery or birth of a child,
miscarriage, or emergency termination of pregnancy.

Emergency termination of pregnancy- refers to

pregnancy loss on or after the 20th week of gestation,
including stillbirth.

Miscarriage – refers to pregnancy loss before the 20th

week of gestation

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70
 VIII. PATERNITY LEAVE ( RA 8187)

Paternity Leave is granted to all married male employees

in the private sector, regardless of their employment status
(e.g., probationary, regular, contractual, project basis).

Paternity leave benefit shall apply to the first four (4)

deliveries of the employee’s lawful wife with whom he
is cohabiting.

The paternity leave shall be for seven (7) calendar days,

with full pay, consisting of basic salary and mandatory
allowances fixed by the Regional Wage Board,

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 IX. PARENTAL LEAVE FOR SOLO PARENTS
(RA 8972)

Parental leave for solo parents is granted to any

solo parent or individual who is left alone with
the responsibility of parenthood

The Parental Leave Benefit

Leave privileges for seven (7) work days every
year, with full pay, consisting of basic salary
and mandatory allowances

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Conditions for Entitlement

A solo parent employee shall be entitled to the

parental leave, provided that:

1. He/she has rendered at least one (1) year of

service, whether continuous or broken;

2. He/she has notified his/her employer that

he/she will avail himself/herself of it, within a
reasonable period of time; and

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3. He/she has presented to his/her employer a
Solo Parent Identification Card, which may be
obtained from the DSWD office of the city or
municipality where he/she resides.

Termination of the Benefit

A change in the status or circumstance, such that

he/she is no longer left alone with the
responsibility of parenthood, shall terminate
his/her eligibility for this benefit.

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 LEAVE FOR VICTIMS OF VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN (RA 9262)

TTEN(10) DAYS WITH FULL PAY- TO ATTEND TO

MEDICAL AND LEGAL CONCERNS

Reguirement:
1. Certification from Brgy. Chairman or Brgy. Kagawad
or prosecutor or Clerk of Court that as action has been
filed.

Protection order issued by the Brgy or the Court

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 Special Leave for Women (RA 9710)

Coverage-
➢ any female employee regardless of age and civil status

Gynecological Disorder-

➢ refers to disorders that would require surgical

procedures such as, but not limited to dilatation and
curettage and those involving female reproductive
organs such as the vagina, cervix, uterus, fallopian
tubes, ovaries,breast, adnexa and pelvic floor, as
certified by a competent physician. It shall also include
hysterectomy, ovariectomy and mastectomy.

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Conditions for Entitlement
➢ Has rendered at least 6 mos. continuous aggregate
employment service for the last twelve(12) months prior
to surgery

Special leave benefit

➢ Two(2) monthly basic pay plus mandatory allowances

Approved August 14, 2009- GMA, Date of Publication-

Sept. 15, 2009

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 X. THIRTEENTH MONTH PAY (PD 851)

All employers are required to pay their rank and file

employees thirteenth-month pay, regardless of the
nature of their employment and irrespective of the
methods by which their wages are paid.

✓provided they worked for at least one (1) month during a

calendar year.

✓The thirteenth-month pay should be given to the

employees not later than December 24 of every year.

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Minimum Amount

The thirteenth-month pay shall not be less

than one-twelfth (1/12) of the total basic
salary earned by an employee in a calendar
year.

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XI. SEPARATION PAY( Art. 298 -299)

One-Half (1/2) Month Pay per Year of Service

One-half (1/2) month pay for every year of service, if
his/her separation from the service is due to any of the following
authorized causes:

1. Retrenchment to prevent losses (i.e., reduction of personnel

effected by management to prevent losses);

2. Closure or cessation of operation of an establishment not due

to serious losses or financial reverses; and

3. When the employee is suffering from a disease not curable

within a period of six (6) months and his/her continued
employment is prejudicial to his/her health or to the health of
his/her co-employees.

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One-Month Pay per Year of Service

Separation from service is due to any of the following:

1. Installation by employer of labor-saving devices;

2. Redundancy

3. Impossible reinstatement of the employee to his or her former

position or to a substantially equivalent position

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Basis of Separation Pay
The computation of separation pay of an employee
shall be based on his/her latest salary rate.

Notice of Termination

Serve a written notice on the employee and the

Department of Labor and Employment through its regional
office having jurisdiction over the place of business at least
one (1) month before the intended date thereof.

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XII. RETIREMENT PAY (Art. 302)
rticle 287, as amended by RA 7641

Coverage

1. Employees shall be retired upon reaching the age of

sixty (60) years or more but not beyond sixty-five (65)
years old [and have served the establishment for at least
five (5) years].

The COLA shall not be included in the computation of

retirement pay.

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This benefit applies to all employees except:
1) government employees;
2) employees of retail, service and
agricultural establishments/operations
regularly employing not more than ten (10)
employees.

Amount of Retirement Pay

The minimum retirement pay shall be

equivalent to one-half (1/2) month salary for
every year of service, a fraction of at least six
(6) months being considered as one (1) whole
year.

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For the purpose of computing retirement pay, "one-half month
salary" shall include all of the following:

1. Fifteen (15) days salary based on the latest salary rate;

2. Cash equivalent of five (5) days of service incentive leave;

3. One-twelfth (1/12) of the thirteenth-month pay.

(1/12 x 365/12 = .083 x 30.41 = 2.5)

Thus, “one-half month salary” is equivalent to 22.5 days

(Capitol Wireless, Inc. vs. Honorable Secretary Ma. Nieves R. Confesor, G.R. No. 117174,
November 13, 1996).

85
BENEFITS UNDER THE EMPLOYEES’
COMPENSATION PROGRAM ( PD 626)

The Employees’ Compensation Program (ECP) is a

government program designed to provide a
compensation package to public and private sector
employees or their dependents in the event of work
related sickness, injury, disability, or death

86
 Republic Act No. 10911-” ANTI-AGE
DISCRIMINATION IN EMPLOYMENT ACT”

DEPARTMENT ORDER NO. 170, S-2017-

Feb. 2, 2017

Sec. 9- Declaration of Policies- The State shall

promote equal opportunities in employment
opportunities for everyone

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Sec. 4- Prohibition of Discrimination in
Employment on Account of Age:

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MARAMING SALAMAT
SA PANANATILING
GISING !!!!!
WILLIE B. CONCEPCION
Chief Labor and Employment Officer
Head- DOLE12, South Cotabato Field Office
Koronadal City
Office Tel. No.: (083) 520-0545
Office Email Ad: [email protected]
Hotline Mobile Phone: 09631017280/ 083-826-1231
DOLE12 Email ad: [email protected]
DOLE12 Portal: ro12.dole.gov.ph
MOLE-BARMM Email; blrs.mole_barmm@ yahoo.com

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