LABOR LAW AND

LEGISLATION
By: Atty. Kakit (Tony) C. Law
 FUNDAMENTAL PRINCIPLES
Labor Law - legislation specifying responsibilities and rights in employment,
particularly the responsibilities of the employer and the rights of an employee.

Social Legislation - laws that seek to promote the common good,

generally by protecting and assisting the weaker members of society.

LEGAL BASIS
1. 1987 Constitution
2. Civil Code
3. Labor Code
 FUNDAMENTAL PRINCIPLES
Labor Code – is the current law governing employment practices and labor
relations in the Philippines. It identifies the rules and standards regarding employment
such as pre-employment policies, labor conditions, wage rate, work hours, employee
benefits, and termination of employees, among others.

Labor Standards - laws that focuses on the terms and conditions of employment.
It deals with the minimum standards of employment that an employee is entitled to as
a matter of right and that an employer is obliged to give to his employees.

Labor Relations - laws that deal with employees organizing unions and
through these unions, employees are able to have collective bargaining with
their employer.
 FUNDAMENTAL PRINCIPLES
STATE POLICY TOWARDS LABOR

1. Promote full employment.

2. Promote Social Justice.
Social Justice - means the promotion of the welfare of all the people.
3. Recognize the vital role of youth in nation-building.
4. Recognize the vital role of women in nation-building.
5. Protect the rights of workers and promote their welfare.
6. Recognize the indispensable role of the private sector.
 FUNDAMENTAL PRINCIPLES

RIGHTS OF EMPLOYEES

I. EQUAL WORK OPPORTUNITY

➢The State shall protect labor, promote full employment, provide equal work
opportunity regardless of gender, race, or creed; and regulate relations
between employees and employers.

“No Work, No Pay” – contemplates a situation where the employees voluntarily absent
themselves. It does not apply when the employee himself was forced out
of job.
 FUNDAMENTAL PRINCIPLES
II. 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; Authorized cause
refers to economic circumstances that are not the employee’s fault.

III. WORK DAYS AND WORK HOURS

➢An employee must be paid their wages for all hours worked. If their work
hours fall between 10:00 p.m. and 6:00 a.m., they are entitled to night shift
pay in addition to their pay for regular work hours. If they work over eight
hours a day, they are entitled to overtime pay.
 FUNDAMENTAL PRINCIPLES
IV. WEEKLY REST DAY
➢A day-off of 24 consecutive hours after six (6) days of work should be scheduled by
the employer upon consultation with the workers.

V. WAGE AND WAGE-RELATED BENEFITS

➢Wage is the amount paid to an employee in exchange the service that they
rendered to their employer. Wage may be fixed for a given period.
Wage – applies to the compensation for manual labor, skilled or unskilled, paid at
stated times, and measured by the day, week, month or season.
Salary – denotes a higher degree of employment or a superior grade of services and
implies a position or office.
 FUNDAMENTAL PRINCIPLES
VI. PAYMENT OF WAGES
➢Wages should be paid directly to the employee in cash, legal tender, or through a
bank.
➢Wages shall be given not less than once every two weeks or twice within a month at
intervals not exceeding 16 days.

VII. FEMALE EMPLOYEES

➢Women are prohibited from engaging in night work unless the work is allowed by the
following rules: industrial undertakings from 10 p.m. to 6 a.m., commercial/non-
industrial undertakings from 12 m.n. to 6 a.m., or agricultural undertakings at night
provided that she has had nine consecutive hours of rest.
 FUNDAMENTAL PRINCIPLES
VII. FEMALE EMPLOYEES
➢Welfare facilities, such as separate dressing rooms, lavatories and lactation
rooms, must be installed at the workplace.

VIII. EMPLOYMENT OF CHILDREN

➢The minimum employment age is 15 years of age. Any worker below 15 years
of age should be directly under the sole responsibility of parents or guardians
provided that work does not interfere with the child’s schooling or
development.
➢The minimum age of employment is 18 years for hazardous jobs, and 15
years for non-hazardous jobs.
 FUNDAMENTAL PRINCIPLES
IX. 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.

X. RIGHTS TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING

➢Every worker has the right to self-organization, i.e., to form or to join any legitimate
workers’ union, free from interference of their employer or the government. All
workers may join a union for the purpose of collective bargaining and is eligible for
union membership on the first day of their employment.
Collective bargaining is a process between two parties, namely the employer and
the union, where the terms and conditions of employment are fixed and agreed
upon. In collective bargaining, the two parties also decide upon a method for
resolving grievances. Collective bargaining results in a contract called a Collective
Bargaining Agreement (CBA).
 LABOR STANDARDS
CONDITIONS OF EMPLOYMENT

Does NOT apply to:

1. Government Employees
2. Managerial Employees
3. Field Personnel
4. Members of the family of the employer who are dependent on him
for support.
5. Workers who are paid by result.
 LABOR STANDARDS
CONDITIONS OF EMPLOYMENT

HOURS OF WORK - includes:

a.) all time during which an employee is required to be on
duty or to be at a prescribed workplace.
b.) all time during which an employee is suffered or permitted
to work.

NOTE: Rest periods of short duration during working hours shall be counted
as hours worked.
 LABOR STANDARDS
CONDITIONS OF EMPLOYMENT

NORMAL HOURS OF WORK – a normal hours of work of an

employee shall not exceed eight (8) hours in a day.

OVERTIME WORK – refers to the additional compensation for work

performed beyond eight (8) hours in a day.

NOTE: Undertime not offset by overtime.

 LABOR STANDARDS
CONDITIONS OF EMPLOYMENT

Emergency overtime work:

1. When the country is at war or when any other national or local emergency
has been declared by the National Assembly or the Chief Executive;
2. When it is necessary to prevent loss of life or property or in case of imminent
danger to public safety due to an actual or impending emergency in the locality
caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other
disaster or calamity;
3. When there is urgent work to be performed on machines, installations, or
equipment, in order to avoid serious loss or damage to the employer or some other
cause of similar nature;
 LABOR STANDARDS
CONDITIONS OF EMPLOYMENT

4. When the work is necessary to prevent loss or damage to perishable

goods;
5. Where the completion or continuation of the work started before the
eighth hour is necessary to prevent serious obstruction or prejudice to the
business or operations of the employer.
 LABOR STANDARDS
CONDITIONS OF EMPLOYMENT

MEAL BREAK – it shall be the duty of every employer to give his

employees not less than sixty (60) minutes time off for their regular
meals.

REST PERIODS – it shall be the duty of every 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 after
every six (6) consecutive normal work days.
 LABOR STANDARDS
Right to holiday pay
1. Every worker shall be paid his regular daily wage during regular holidays,
except in retail and service establishments regularly employing less than ten (10)
workers;
2. The employer may require an employee to work on any holiday but such
employee shall be paid a compensation equivalent to twice his regular rate;

NOTE: "holiday" includes: New Year’s Day, Maundy Thursday, Good Friday, the ninth of
April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November,
the twenty-fifth and thirtieth of December and the day designated by law for holding
a general election.
 LABOR STANDARDS
Right to service incentive leave
1. Every employee who has rendered at least one year of service shall be
entitled to a yearly service incentive leave of five days with pay.

2. This provision shall not apply to those who are already enjoying the benefit
herein provided, those enjoying vacation leave with pay of at least five days and
those employed in establishments regularly employing less than ten employees or in
establishments exempted from granting this benefit
 LABOR STANDARDS
Service charges

➢ All service charges collected by hotels, restaurants and similar

establishments shall be distributed at the rate of eighty-five percent (85%) for
all covered employees and fifteen percent (15%) for management. The
share of the employees shall be equally distributed among them. In case the
service charge is abolished, the share of the covered employees shall be
considered integrated in their wages.
 LABOR STANDARDS
WAGE - the amount paid to an employee in exchange the service
that they rendered to their employer.

Forms of payment. 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.

Time of payment. Wages shall be paid at least once every two (2)
weeks or twice a month at intervals not exceeding sixteen (16) days.
 LABOR STANDARDS
Direct payment of wages.
Wages shall be paid directly to the workers to whom they are due,
except:
➢ In cases of force majeure rendering such payment impossible or under other
special circumstances to be determined by the Secretary of Labor and
Employment in appropriate regulations, in which case, the worker may be paid
through another person under written authority given by the worker for the
purpose.
➢ Where the worker has died, in which case, the employer may pay the wages of
the deceased worker to the heirs.

NOTE: Force Majeure - a natural and unavoidable catastrophe that

interrupts the expected course of events. It is also known as “Act of
God.”
 LABOR STANDARDS
Non-interference in disposal of wages.
No employer shall limit or otherwise interfere with the freedom of
any employee to dispose of his wages. He shall not in any manner
force, compel, or oblige his employees to purchase merchandise,
commodities or other property from any other person, or otherwise
make use of any store or services of such employer or any other person.

Wage deduction. No employer, in his own behalf or in behalf of any

person, shall make any deduction from the wages of his employees,
except:
 LABOR STANDARDS
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;

c.) In cases where the employer is authorized by law or

regulations issued by the Secretary of Labor and Employment.
 LABOR STANDARDS
WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES

EMPLOYMENT OF WOMEN

1. No woman, regardless of age, shall be employed or permitted

or suffered to work, with or without compensation:

a. In any industrial undertaking or branch thereof between ten

o’clock at night and six o’clock in the morning of the following day; or
 LABOR STANDARDS

b. In any commercial or non-industrial undertaking or branch

thereof, other than agricultural, between midnight and six o’clock in the
morning of the following day; or

c. In any agricultural undertaking at nighttime unless she is given

a period of rest of not less than nine (9) consecutive hours.
 LABOR STANDARDS
Exceptions. The prohibitions shall not apply in any of the following cases:

a. 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;

b. In case of urgent work to be performed on machineries,

equipment or installation, to avoid serious loss which the employer
would otherwise suffer;
 LABOR STANDARDS

c. Where the work is necessary to prevent serious loss of

perishable goods;

d. 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;

e. 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;
 LABOR STANDARDS
f. Where the women employees are immediate members of the
family operating the establishment or undertaking; and

g. Under other analogous cases exempted by the Secretary of

Labor and Employment in appropriate regulations.
 LABOR STANDARDS
Facilities for women

a. Provide seats proper for women and permit them to use such seats
when they are free from work and during working hours, provided
they can perform their duties in this position without detriment to
efficiency;

b. To establish separate toilet rooms and lavatories for men and women
and provide at least a dressing room for women;
 LABOR STANDARDS
Facilities for women

c. To establish a nursery in a workplace for the benefit of the women

employees therein; and

d. To determine appropriate minimum age and other standards for

retirement or termination in special occupations such as those of flight
attendants and the likes.
 LABOR STANDARDS
Maternity leave benefits

(a) Every employer shall grant to any pregnant woman employee who has
rendered an aggregate service of at least six (6) months for the last twelve
(12) months, maternity leave of at least two (2) weeks prior to the expected
date of delivery and another four (4) weeks after normal delivery or abortion
with full pay based on her regular or average weekly wages. The employer
may require from any woman employee applying for maternity leave the
production of a medical certificate stating that delivery will probably take
place within two weeks.
 LABOR STANDARDS
Maternity leave benefits

(b) The maternity leave shall be extended without pay on account of illness
medically certified to arise out of the pregnancy, delivery, abortion or
miscarriage, which renders the woman unfit for work, unless she has earned
unused leave credits from which such extended leave may be charged.

(c) The maternity leave provided in this Article shall be paid by the employer
only for the first four (4) deliveries by a woman employee after
the effectivity of this Code.
 LABOR STANDARDS
Family Planning Services; Incentives for Family Planning.

(a) Establishments which are required by law to maintain a clinic or infirmary

and shall provide free family planning services to their employees which shall
include, but not be limited to, the application or use of contraceptive pills and
intrauterine devices.
 LABOR STANDARDS
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.

The following are acts of discrimination:

(a) Payment of a lesser compensation, including wage, salary or other form of
remuneration and fringe benefits, to a female employee as against a male
employee, for work of equal value; and
(b) Favoring a male employee over a female employee with respect to
promotion, training opportunities, study and scholarship grants solely on
account of their sexes.
 LABOR STANDARDS
Prohibited Acts. – (a) It shall be unlawful for any employer:

(1) To deny any woman employee the benefits provided for in this Chapter or
to discharge any woman employed by him for the purpose of preventing
her from enjoying any of the benefits provided under this Code;
(2) To discharge such woman on account of her pregnancy, or while on leave
or in confinement due to her pregnancy;
(3) To discharge or refuse the admission of such woman upon returning to her
work for fear that she may again be pregnant.
 LABOR STANDARDS
Classification of Certain Women Workers.

Any woman who is permitted or suffered to work, with or without

compensation, in any night club, cocktail lounge, massage clinic, bar or
similar establishments under the effective control or supervision of the
employer for a substantial period of time as determined by the Secretary
of Labor and Employment, shall be considered as an employee of such
establishment for purposes of labor and social legislation.
 LABOR STANDARDS
EMPLOYMENT OF HOUSEHELPERS

“Domestic or household service” shall mean service in the employer’s home

which is usually necessary or desirable for the maintenance and enjoyment
thereof and includes ministering to the personal comfort and convenience of
the members of the employer’s household, including services of family drivers.

Assignment to Non-Household Work. – No househelper shall be assigned to

work in a commercial, industrial or agricultural enterprise at a wage or salary
rate lower than that provided for agricultural or non-agricultural workers as
prescribed herein.
 LABOR STANDARDS
Opportunity for Education. – If the househelper is under the age of eighteen
(18) years, the employer shall give him or her an opportunity for at least
elementary education. The cost of education shall be part of
the househelper’s compensation, unless there is a stipulation to the contrary.

Treatment of Househelpers.– The employer shall treat the househelper in a just

and humane manner. In no case shall physical violence be used upon
the househelper.

Board, Lodging, and Medical Attendance.– The employer shall furnish

the househelper, free of charge, suitable and sanitary living quarters as well as
adequate food and medical attendance.
 LABOR STANDARDS
Indemnity for Unjust Termination of Services.– If the period of household service
is fixed, neither the employer nor the househelper may terminate the contract
before the expiration of the term, except for a just cause. If the househelper is
unjustly dismissed, he or she shall be paid the compensation already earned
plus that for fifteen (15) days by way of indemnity.

If the househelper leaves without justifiable reason, he or she shall forfeit any
unpaid salary due him or her not exceeding fifteen (15) days.

Service of Termination Notice. – If the duration of the household service is not

determined either in stipulation or by the nature of the service, the employer
or the househelper may give notice to put an end to the relationship five (5)
days before the intended termination of the service.
 LABOR STANDARDS
Employment Certification. – Upon the severance of the household service
relation, the employer shall give the househelper a written statement of the
nature and duration of the service and his or her efficiency and conduct
as househelper.

Employment Record. – The employer may keep such records as he may deem
necessary to reflect the actual terms and conditions of employment of
his househelper, which the latter shall authenticate by signature
or thumbmark upon request of the employee.
 “DOMESTIC WORKERS ACT” OR “BATAS
KASAMBAHAY”

Domestic worker or “Kasambahay” refers to any person engaged in domestic

work within an employment relationship such as, but not limited to, the
following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry
person, but shall exclude any person who performs domestic work only
occasionally or sporadically and not on an occupational basis.

The term shall not include children who are under foster family arrangement,
and are provided access to education and given an allowance incidental to
education, i.e. “baon”, transportation, school projects and school activities.
 “DOMESTIC WORKERS ACT” OR “BATAS
KASAMBAHAY”

Guarantee of Privacy. – Respect for the privacy of the domestic worker shall
be guaranteed at all times and shall extend to all forms of communication
and personal effects. This guarantee equally recognizes that the domestic
worker is obliged to render satisfactory service at all times.

Access to Outside Communication. – The employer shall grant the domestic

worker access to outside communication during free time: Provided, That in
case of emergency, access to communication shall be granted even during
work time. Should the domestic worker make use of the employer’s telephone
or other communication facilities, the costs shall be borne by the domestic
worker, unless such charges are waived by the employer.
 “DOMESTIC WORKERS ACT” OR “BATAS
KASAMBAHAY”

Recruitment and Finder’s Fees. – Regardless of whether the domestic worker

was hired through a private employment agency or a third party, no share in
the recruitment or finder’s fees shall be charged against the domestic worker
by the said private employment agency or third party.

Deposits for Loss or Damage. – It shall be unlawful for the employer or any
other person to require a domestic worker to make deposits from which
deductions shall be made for the reimbursement of loss or damage to tools,
materials, furniture and equipment in the household.
 “DOMESTIC WORKERS ACT” OR “BATAS
KASAMBAHAY”

Prohibition on Debt Bondage. – It shall be unlawful for the employer or any

person acting on behalf of the employer to place the domestic worker under
debt bondage.

Social and Other Benefits. – A domestic worker who has rendered at least one
(1) month of service shall be covered by the Social Security System (SSS), the
Philippine Health Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits
in accordance with the pertinent provisions provided by law.
 “DOMESTIC WORKERS ACT” OR “BATAS
KASAMBAHAY”

Premium payments or contributions shall be shouldered by the employer. However, if

the domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and
above per month, the domestic worker shall pay the proportionate share in the
premium payments or contributions, as provided by law.

Rescue and Rehabilitation of Abused Domestic Workers. – Any abused or exploited

domestic worker shall be immediately rescued by a municipal or city social welfare
officer or a social welfare officer from the Department of Social Welfare and
Development (DSWD) in coordination with the concerned barangay officials. The
DSWD and the DILG shall develop a standard operating procedure for the rescue and
rehabilitation of abused domestic workers, and in coordination with the DOLE, for
possible subsequent job placement.
 “DOMESTIC WORKERS ACT” OR “BATAS
KASAMBAHAY”
Termination Initiated by the Domestic Worker.

The domestic worker may terminate the employment relationship at any time
before the expiration of the contract for any of the following causes:

(a) Verbal or emotional abuse of the domestic worker by the employer or any
member of the household;

(b) Inhuman treatment including physical abuse of the domestic worker by

the employer or any member of the household;
 “DOMESTIC WORKERS ACT” OR “BATAS
KASAMBAHAY”

(c) Commission of a crime or offense against the domestic worker by the

employer or any member of the household;

(d) Violation by the employer of the terms and conditions of the employment
contract and other standards set forth under this law;

(e) Any disease prejudicial to the health of the domestic worker, the employer,
or member/s of the household; and

(f) Other causes analogous to the foregoing.

 “DOMESTIC WORKERS ACT” OR “BATAS
KASAMBAHAY”
Termination Initiated by the Employer.

An employer may terminate the services of the domestic worker at any time before
the expiration of the contract, for any of the following causes:

(a) Misconduct or willful disobedience by the domestic worker of the lawful order of
the employer in connection with the former’s work;

(b) Gross or habitual neglect or inefficiency by the domestic worker in the

performance of duties;

(c) Fraud or willful breach of the trust reposed by the employer on the domestic
worker;
 “DOMESTIC WORKERS ACT” OR “BATAS
KASAMBAHAY”

(d) Commission of a crime or offense by the domestic worker against the

person of the employer or any immediate member of the employer’s family;

(e) Violation by the domestic worker of the terms and conditions of the
employment contract and other standards set forth under this law;

(f) Any disease prejudicial to the health of the domestic worker, the employer,
or member/s of the household; and

(g) Other causes analogous to the foregoing.

 “DOMESTIC WORKERS ACT” OR “BATAS
KASAMBAHAY”

Prohibition Against Privileged Information.

All communication and information pertaining to the employer or

members of the household shall be treated as privileged and confidential,
and shall not be publicly disclosed by the domestic worker during and after
employment. Such privileged information shall be inadmissible in evidence
except when the suit involves the employer or any member of the household
in a crime against persons, property, personal liberty and security, and
chastity.
 LABOR STANDARDS
EMPLOYMENT OF HOMEWORKERS

Regulation of Industrial Homeworkers

The employment of industrial homeworkers and field personnel shall be

regulated by the government through the appropriate regulations issued by
the Secretary of Labor and Employment to ensure the general welfare and
protection of homeworkers and field personnel and the industries employing
them.
 LABOR STANDARDS
EMPLOYMENT OF HOMEWORKERS

Distribution of Homework

The “employer” 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 an employee, agent contractor, sub-
contractor or any other person:
 LABOR STANDARDS

(1) Delivers, or causes to be delivered, any goods, articles or materials to be

processed or fabricated in or about a home and thereafter to be returned
or to be disposed of or distributed in accordance with his directions; or

(2) Sells any goods, articles or materials to be processed or fabricated in or

about a home and then rebuys them after such processing or fabrication,
either by himself or through some other person.
 LABOR STANDARDS
APPRENTICES

“Apprentice" is a worker who is covered by a written apprenticeship

agreement with an individual employer.

"Apprenticeship" means practical training on the job supplemented by related

theoretical instruction.

“Apprenticeable occupation" means any trade, form of employment or

occupation which requires more than three (3) months of practical training on
the job supplemented by related theoretical instruction.
 LABOR STANDARDS

"Apprenticeship agreement" is an employment contract wherein the employer

binds himself to train the apprentice and the apprentice in turn accepts the
terms of training.

Qualifications of apprentice. - To qualify as an apprentice, a person shall:

(a) Be at least fourteen (14) years of age;
(b) Possess vocational aptitude and capacity for appropriate tests; and
(c) Possess the ability to comprehend and follow oral and written instructions.
 LABOR STANDARDS
Venue of apprenticeship programs.

Any firm, employer, group or association, industry organization or civic group

wishing to organize an apprenticeship program may choose from any of the following
apprenticeship schemes as the training venue for apprentice:

(a) Apprenticeship conducted entirely by and within the sponsoring firm,

establishment or entity;
(b) Apprenticeship entirely within a Department of Labor and Employment
training center or other public training institution; or
(c) Initial training in trade fundamentals in a training center or other institution with
subsequent actual work participation within the sponsoring firm or entity during the
final stage of training.
 LABOR STANDARDS

Employment of apprentices. - Only employers in the highly technical industries

may employ apprentices and only in apprenticeable occupations approved
by the Secretary of Labor and Employment.

Apprentices without compensation. - The Secretary of Labor and Employment

may authorize the hiring of apprentices without compensation whose training
on the job is required by the school or training program curriculum or as
requisite for graduation or board examination.
 LABOR STANDARDS
LEARNERS

Learners. - Learners are persons hired as trainees in semi-skilled and other

industrial occupations which are non-apprenticeable and which may be
learned through practical training on the job in a relatively short period of time
which shall not exceed three (3) months.

When learners may be hired. - Learners may be employed when no

experienced workers are available, the employment of learners is necessary to
prevent curtailment of employment opportunities, and the employment does
not create unfair competition in terms of labor costs or impair or lower working
standards.
 LABOR STANDARDS
Learnership agreement. - Any employer desiring to employ learners shall enter
into a learnership agreement with them, which agreement shall include:

(a) The names and addresses of the learners;

(b) The duration of the learnership period, which shall not exceed three (3)
months;

(c) The wages or salary rates of the learners which shall begin at not less than
seventy-five percent (75%) of the applicable minimum wage; and
 LABOR STANDARDS

(d) A commitment to employ the learners if they so desire, as regular

employees upon completion of the learnership. All learners who have been
allowed or suffered to work during the first two (2) months shall be deemed
regular employees if training is terminated by the employer before the end of
the stipulated period through no fault of the learners.

The learnership agreement shall be subject to inspection by the Secretary

of Labor and Employment or his duly authorized representative.
 LABOR STANDARDS
HANDICAPPED WORKERS

Handicapped workers are those whose earning capacity is impaired by age

or physical or mental deficiency or injury.

When employable. - Handicapped workers may be employed when their

employment is necessary to prevent curtailment of employment opportunities
and when it does not create unfair competition in labor costs or impair or
lower working standards.
 LABOR STANDARDS
Employment agreement. - Any employer who employs handicapped workers
shall enter into an employment agreement with them, which agreement shall
include:

(a) The names and addresses of the handicapped workers to be employed;

(b) The rate to be paid the handicapped workers which shall not be less than
seventy five (75%) percent of the applicable legal minimum wage;

(c) The duration of employment period; and

 LABOR STANDARDS
(d) The work to be performed by handicapped workers.

Eligibility for apprenticeship. - handicapped workers may be hired as

apprentices or learners if their handicap is not such as to effectively impede
the performance of job operations in the particular occupations for which
they are hired.
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”

Section 3. Grant of Maternity Leave.— All covered female workers in

government and the private sector, including those in the informal economy,
regardless of civil status or the legitimacy of her child, shall be granted one
hundred five (105) days maternity leave with full pay and an option to extend
for an additional thirty (30) days without pay: Provided, That in case the worker
qualifies as a solo parent under Republic Act No. 8972, or the "Solo Parents’
Welfare Act", the worker shall be granted an additional fifteen (15) days
maternity leave with full pay.
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”

• Enjoyment of maternity leave cannot be deferred but should be availed of

either before or after the actual period of delivery in a continuous and
uninterrupted manner, not exceeding one hundred five (105) days, as the
case may be.

• Maternity leave shall be granted to female workers in every instance of

pregnancy, miscarriage or emergency termination of pregnancy, regardless
of frequency: Provided, That for cases of miscarriage or emergency
termination of pregnancy, sixty (60) days maternity leave with full pay shall
be granted.
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”
Section 4. Maternity Leave for Female Workers in the Public Sector.— Any
pregnant female worker in the government service, regardless of employment
status, in:

1. National Government Agencies (NGAs);

2. Local Government Units (LGUs);
3. Government-Owned or -Controlled Corporations (GOCCs);
4. State Universities and Colleges (SUCs);

shall be granted a maternity leave of one hundred five (105) days with full pay
regardless if the delivery was normal or caesarian:
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”
xxx

• Provided, further, That, the head of the agency shall be given due notice, in
writing, at least forty-five (45) days before the end of her maternity leave:

• Provided, finally, That no prior notice shall be necessary in the event of a

medical emergency but subsequent notice shall be given to the head of the
agency.

xxx
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”

Section 5. Maternity Leave for Female Workers in the Private Sector

(a) A female Social Security System (SSS) member who has paid at least three
(3) monthly contributions in the twelve (12)-month period immediately
preceding the semester of her childbirth, miscarriage, or emergency
termination of pregnancy shall be paid her daily maternity benefit which shall
be computed based on her average monthly salary credit for one hundred
five (105) days, regardless of whether she gave birth via caesarian section or
natural delivery, subject to the following conditions:
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”

(1) That the female worker shall have notified her employer of her pregnancy
and the probable date of her childbirth, which notice shall be transmitted to
the SSS in accordance with the rules and regulations it may provide;

(2) That the full payment shall be advanced by the employer within thirty (30)
days from the filing of the maternity leave application;

(3) That payment of daily maternity benefits shall be a bar to the recovery of
sickness benefits provided under Republic Act No. 1161, as amended, for the
same period for which daily maternity benefits have been received;
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”

(4) That the SSS shall immediately reimburse the employer of one hundred
percent (100%) of the amount of maternity benefits advanced to the female
worker by the employer upon receipt of satisfactory and legal proof of such
payment; and

(5) That if a female worker should give birth or suffer a miscarriage or

emergency termination of pregnancy without the required contributions
having been remitted for her by her employer to the SSS, or without the latter
having been previously notified by the employer of the time of the pregnancy,
the employer shall pay to the SSS damages equivalent to the benefits which
said female member would otherwise have been entitled to.
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”
(c) Workers availing of the maternity leave period and benefits must receive
their full pay. Employers from the private sector shall be responsible for
payment of the salary differential between the actual cash benefits received
from the SSS by the covered female workers and their average weekly or
regular wages, for the entire duration of the maternity leave, with the following
exceptions, subject to the guidelines to be issued by the Department of Labor
and Employment (DOLE):

(1) Those operating distressed establishments;

(2) Those retail/service establishments and other enterprises employing not

more than ten (10) workers;
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”
(3) Those considered as micro-business enterprises and engaged in the
production, processing, or manufacturing of products or commodities
including agro-processing, trading, and services, whose total assets are not
more than Three million pesos (₱3,000,000.00); and

(4) Those who are already providing similar or more than the benefits herein
provided.

Provided, That said exemptions shall be subject to an annual submission of a

justification by the employer claiming exemption for the approval of the DOLE.
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”
Section 6. Allocation of Maternity Leave Credits.— Any female worker entitled
to maternity leave benefits as provided for herein may, at her option, allocate
up to seven (7) days of said benefits to the child’s father, whether or not the
same is married to the female worker:

Provided, That in the death, absence, or incapacity of the former, the benefit
may be allocated to an alternate caregiver who may be a relative within the
fourth degree of consanguinity or the current partner of the female worker
sharing the same household, upon the election of the mother taking into
account the best interests of the child:
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”

Provided, further, That written notice thereof is provided to the employers of

the female worker and alternate caregiver:

Provided, furthermore, That this benefit is over and above that which is
provided under Republic Act No. 8187, or the "Paternity Leave Act of 1996":

Provided, finally, That in the event the beneficiary female worker dies or is
permanently incapacitated, the balance of her maternity leave benefits shall
accrue to the father of the child or to a qualified caregiver as provided
above.
 “105-DAY EXPANDED MATERNITY
LEAVE LAW”
Section 15. Security of Tenure. - Those who avail of the benefits of this Act,
whether in the government service or private sector, shall be assured of
security of tenure. As such, the exercise of this option by them shall not be
used as basis for demotion in employment or termination. The transfer to a
parallel position or reassignment from one organizational unit to another in the
same agency or private enterprise shall be allowed: Provided, That it shall not
involve a reduction in rank, status, salary, or otherwise amount to constructive
dismissal.

Section 16. Non-Discrimination. - No employer whether in the public or private

sector shall discriminate against the employment of women in order to avoid
the benefits provided for in this Act.
 “R.A. 9710: THE MAGNA CARTA OF
WOMEN”

SECTION 18. Special Leave Benefits for Women. — A woman employee having
rendered continuous aggregate employment service of at least six (6) months
for the last twelve (12) months shall be entitled to a special leave benefit of
two (2) months with full pay based on her gross monthly compensation
following surgery caused by gynecological disorders.
 “RA NO. 8972 - SOLO PARENTS’
WELFARE ACT”
In relation to the Expanded Maternity Leave Law, the worker shall be granted
an additional fifteen (15) days maternity leave with full pay.

Solo Parents Leave

• Beneficiaries can have additional parental leave credits of up to 7 days at
work on top of the regular credits the company provides.
• Moreover, the solo parent must be in the company for at least a year.
Additionally, this benefit is not convertible to cash.
• When applying this leave, the solo parent must submit a formal notice to
their employer for the leave application. Moreover, it must follow the time
and manner that the contract or employee handbook recommends.
 “PATERNITY LEAVE ACT OF 1996
(REPUBLIC ACT 8187)”
The Paternity Leave Act of 1996 (Republic Act 8187) is a law that grants up to
seven days of leave benefits to married male employees. This is to aid their
wives during recovery or in nursing their newborn children.

• However, only male employees who are married to the child’s mother can
avail of this benefit under the Paternity Leave Law. Furthermore, employees
in the private and public sectors can avail of this benefit.

• As such, an eligible employee shall receive seven (7) days of leave credits
with full pay. Furthermore, the Department of Labor and Employment (DOLE)
defines this leave as seven (7) calendar (not working) days.
 “PATERNITY LEAVE ACT OF 1996
(REPUBLIC ACT 8187)”
When can male employees file a paternity leave?

• An employee can use this benefit after his wife delivers their child. In
addition, it can apply to a male employee whose legal wife underwent
delivery after a miscarriage. However, it is common for male employees to
file the leave two (2) days before their wives’ date of delivery.

• Generally, the leave date should be within a reasonable period around the
wife’s pregnancy and delivery date. Lastly, the law requires fathers to file
their leaves within 60 days of their child’s birth.
 “PATERNITY LEAVE ACT OF 1996
(REPUBLIC ACT 8187)”
Can the leave be extended?

• Yes, the father can have an additional seven-day paid paternity leave. With
the extended maternity leave period, pregnant women in the private sector
can request the reallocation of up to seven days of paid leave credits to
their child’s father.

❖ Under the extended maternity leave, the father does not have to be married to the
pregnant mother. As a result of the transfer, the pregnant woman would only have 98 days of
remaining leave. In cases where the father is not in the picture, the female employee can still
transfer the leave credits to another caregiver. The only requirement is that the caregiver
must be a relative or a current partner who lives in the same household.
 “PATERNITY LEAVE ACT OF 1996
(REPUBLIC ACT 8187)”
Paternity Leave Requirements

✓You must be a current employee (regardless of your employment status) in

the company upon your child’s birth
✓The male employee must be legally married to the pregnant wife
✓Cohabitation or living with the male employee’s legal wife
✓You have a pregnant wife who has given birth or who has had a miscarriage
✓The pregnancy coverage of the leave should be no more than four times.
✓The leave application should be within a reasonable period.
 RECRUITMENT AND PLACEMENT OF
WORKERS

• "Recruitment and placement" refers to any act of canvassing,

enlisting, contracting, transporting, utilizing, hiring or procuring workers, and
includes referrals, contract services, promising or advertising for employment,
locally or abroad, whether for profit or not: Provided, That any person or
entity which, in any manner, offers or promises for a fee, employment to two
or more persons shall be deemed engaged in recruitment and placement.

• "Private fee-charging employment agency" means any person

or entity engaged in recruitment and placement of workers for a fee which is
charged, directly or indirectly, from the workers or employers or both.
 RECRUITMENT AND PLACEMENT OF
WORKERS

• "Private recruitment entity" means any person or association

engaged in the recruitment and placement of workers, locally or overseas,
without charging, directly or indirectly, any fee from the workers or
employers.

• "License" means a document issued by the Department of Labor

authorizing a person or entity to operate a private employment agency.
• "Authority" means a document issued by the Department of Labor
authorizing a person or association to engage in recruitment and placement
activities as a private recruitment entity.
 RECRUITMENT AND PLACEMENT OF
WORKERS

• "Seaman" means any person employed in a vessel engaged in maritime

navigation.

• "Overseas employment" means employment of a worker outside the

Philippines.

• "Emigrant" means any person, worker or otherwise, who emigrates to a

foreign country by virtue of an immigrant visa or resident permit or its
equivalent in the country of destination.
 RECRUITMENT AND PLACEMENT OF
WORKERS

Immigrant vs. Emigrant

Immigrant is used when talking about the country moved to.

Emigrant is used when talking about the country moved from.

 MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT

"Overseas Filipino Worker (OFW)"

refers to a person who is to be engaged, is engaged or has been

engaged in a remunerated activity in a state of which he or she is not a
citizen or on board a vessel navigating the foreign seas other than a
government ship used for military or non-commercial purposes or on an
installation located offshore or on the high seas; to be used
interchangeably with migrant worker."
 RECRUITMENT AND PLACEMENT OF
WORKERS

Private employment agency with a license – refers to any person

or entity engaged in the recruitment and placement of workers for a fee
which is charged, directly or indirectly, from the workers or employers or both.

Private recruitment entity with authority – refers to any person or

association engaged in the recruitment and placement of workers, locally or
overseas, without charging, directly or indirectly, any fee from the workers or
employers.
 RECRUITMENT AND PLACEMENT OF
WORKERS
Non-licensee or non-holder of authority

It is a corporation or entity which has not been issued a valid

license or authority to engage in recruitment and placement
by the Secretary of Labor and Employment, or whose license
or authority has been suspended, revoked, or cancelled by
the POEA or Secretary of Labor.
 RECRUITMENT AND PLACEMENT OF
WORKERS

Article 29. Non-transferability of license or authority. No license

or authority shall be used directly or indirectly by any person other than
the one in whose favor it was issued or at any place other than that
stated in the license or authority be transferred, conveyed or assigned
to any other person or entity. Any transfer of business address,
appointment or designation of any agent or representative including
the establishment of additional offices anywhere shall be subject to the
prior approval of the Department of Labor.
 RECRUITMENT AND PLACEMENT OF
WORKERS

Article 32. Fees to be paid by workers. Any person applying

with a private fee-charging employment agency for employment
assistance shall not be charged any fee until he has obtained
employment through its efforts or has actually commenced
employment. Such fee shall be always covered with the
appropriate receipt clearly showing the amount paid. The
Secretary of Labor shall promulgate a schedule of allowable fees.
 RECRUITMENT AND PLACEMENT OF
WORKERS
Prohibition on Charging Fees

1. Placement fees cannot be collected from a hired worker until he has

signed the employment contract and shall be covered by receipts
clearly showing the amount paid;
2.Manning agencies shall not charge any fee from seafarer-applicants
for recruitment and placement services;
3. No other fees or charges including processing fees shall be imposed
against any worker.
 RECRUITMENT AND PLACEMENT OF
WORKERS
Article 34. Prohibited practices. It shall be unlawful for any
individual, entity, licensee, or holder of authority:
(a) To charge or accept, directly or indirectly, any amount greater than
that specified in the schedule of allowable fees prescribed by the
Secretary of Labor, or to make a worker pay any amount greater
than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in
relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or
commit any act of misrepresentation for the purpose of securing a
license or authority under this Code.
 RECRUITMENT AND PLACEMENT OF
WORKERS
(d) To induce or attempt to induce a worker already employed to quit
his employment in order to offer him to another unless the transfer is
designed to liberate the worker from oppressive terms and conditions of
employment;

(e) To influence or to attempt to influence any person or entity not to

employ any worker who has not applied for employment through his
agency;

(f) To engage in the recruitment or placement of workers in jobs harmful

to public health or morality or to the dignity of the Republic of the
Philippines;
 RECRUITMENT AND PLACEMENT OF
WORKERS
(g) To obstruct or attempt to obstruct inspection by the Secretary of
Labor or by his duly authorized representatives;

(h) To fail to file reports on the status of employment, placement

vacancies, remittance of foreign exchange earnings, separation from
jobs, departures and such other matters or information as may be
required by the Secretary of Labor.

(i) To substitute or alter employment contracts approved and verified

by the Department of Labor from the time of actual signing thereof by
the parties up to and including the periods of expiration of the same
without the approval of the Secretary of Labor;
 RECRUITMENT AND PLACEMENT OF
WORKERS
(j) To become an officer or member of the Board of any corporation
engaged in travel agency or to be engaged directly or indirectly in the
management of a travel agency; and

(k) To withhold or deny travel documents from applicant workers before

departure for monetary or financial considerations other than those
authorized under this Code and its implementing rules and regulations.
 MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT
Section 3. Other Prohibited Acts. In addition to the acts enumerated above, it
shall also be unlawful for any person or entity to commit the following
prohibited acts:

a. Grant a loan to an OFW with interest exceeding eight (8%) percent per
annum, which will be used for payment of legal and allowable placement
fees and make the migrant worker issue, either personally or through a
guarantor or accommodation party, postdated checks in relation to the
said loan;
b. Impose a compulsory and exclusive arrangement whereby an OFW is
required to avail of a loan only from specifically designated institutions,
entities, or persons;
 MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT

c. Refuse to condone or renegotiate a loan incurred by an OFW after the

latter's employment contract has been prematurely terminated through no
fault of his / her own;

d. Impose a compulsory an exclusive arrangement whereby an OFW is

required to undergo health examinations only from specifically designated
medical clinics, institutions, entities or persons, except in the case of a
seafarer whose medical examination cost is shouldered by the
principal/shipowner;
 MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT
e. Impose a compulsory and exclusive arrangement whereby an OFW is
required to undergo training, seminar, instruction or schooling of any kind only
from specifically designated institutions, entities or persons, except for
recommendatory training mandated by principals/shipowners where the
latter shoulder the cost of such trainings;

f. For a suspended recruitment/manning agency to engage in any kind of

recruitment activity including the processing of pending workers' applications;

g. For a recruitment/manning agency or a foreign principal/employer to pass-

on to the OFW or deduct from his/her salary the payment of the cost of
insurance fees, premium or other insurance related charges, as provided
under the compulsory worker's insurance coverage.
 RECRUITMENT AND PLACEMENT OF
WORKERS
Article 38. Illegal recruitment.

(a) Any recruitment activities, including the prohibited practices

enumerated under Article 34 of this Code, to be undertaken
by non-licensees or non-holders of authority, shall be deemed
illegal and punishable under Article 39 of this Code. The
Department of Labor and Employment or any law
enforcement officer may initiate complaints under this Article.

NOTE: A person is guilty of illegal recruitment when he gives the

impression that he has the power to send workers abroad for work
such that the latter were convinced to part with their money in
order to be so employed.
 RECRUITMENT AND PLACEMENT OF
WORKERS
Illegal Recruitment

1. SIMPLE or LICENSEE – illegal recruitment committed by a licensee or

holder of authority against one or two persons only.
2. NON-LICENSEE – illegal recruitment committed by any person who is
neither a licensee nor a holder of authority.
3. SYNDICATED – illegal recruitment committed out by a group of three
(3) or more persons in conspiracy or confederation with one another;
4. LARGE SCALE or QUALIFIED – illegal recruitment committed against
three (3) or more persons, individually or as a group despite the lack
of the necessary license from the POEA.
 RECRUITMENT AND PLACEMENT OF
WORKERS
GENERAL RULE: No employer may hire a Filipino worker for overseas
employment.

EXCEPTION:
a) diplomatic corps
b) international organizations
c) other employees allowed by Secretary of Labor and Employment

EXCEPTION TO THE EXCEPTION: Name Hire – a worker who is able to secure

contract for employment overseas without the assistance or participation of
any agency. However, he should still undergo processing by the POEA.
 RECRUITMENT AND PLACEMENT OF
WORKERS
GENERAL RULE: It is mandatory for all Filipino workers to remit a portion of their
foreign exchange earnings to their families, dependents, and/or beneficiaries
in the country through BSP or DOLE authorized agents

EXCEPTION: Remittance is not mandatory in the following instance:

(a) Where the worker’s immediate family members, dependents, or
beneficiaries are residing with him abroad;
(b) Filipino servicemen working in the U.S. military installations;
(c) Immigrants and Filipino professionals and employees working with the
United Nations agencies or specialized bodies.
 MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT
Philippine Overseas Employment Administration (POEA)

• regulate private sector participation in the recruitment and overseas

placement of workers by setting up a licensing and registration system.
• formulate and implement system for promoting and monitoring the overseas
employment of Filipino workers taking into consideration their welfare and
the domestic manpower requirements.
• responsible for the regulation and management of overseas employment
from the pre-employment stage, securing the best possible employment
terms and conditions for overseas Filipino workers, and taking into
consideration the needs of vulnerable sectors and the peculiarities of sea-
based and land-based workers.
 MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT
Overseas Workers Welfare Administration (OWWA)

• provide the Filipino migrant worker and his family all the assistance they may
need in the enforcement of contractual obligations by agencies or entities
and/or by their principals.
• make representation and may call on the agencies or entities concerned to
conferences or conciliation meetings for the purpose of settling the
compliance or problems brought to his attention.
• formulate and implement welfare programs for overseas Filipino workers and
their families while they are abroad and upon their return.
• ensure the awareness by the overseas Filipino workers and their families of
these programs and other related governmental programs.
 EMPLOYMENT OF NIGHT WORKERS
Night Workers – any employed person whose work requires
performance of a substantial number of hours of night work.

Department Order No. 119 series of 2012 provides night work

covers the period from 10 o’clock in the evening to 6 o’clock
the following morning provided that the worker performs no
less than seven (7) consecutive hours of work.
 RIGHTS OF NIGHT WORKERS
Health Assessement

At their request, workers shall have the right to undergo

health assessment without charge and to receive advice on
how to reduce or avoid health problems associated with their
work;
 RIGHTS OF NIGHT WORKERS
Health Assessement

At their request, workers shall have the right to undergo

health assessment without charge and to receive advice on
how to reduce or avoid health problems associated with their
work:

a.) Before taking up an assignment as a night worker;

b.) At regular intervals during such an assignment;
 RIGHTS OF NIGHT WORKERS
Health Assessement

c.) If they experience health problems during such an

assignment which are not caused by factors other than the
performance of night work;

With the exception of a finding of unfitness for night

work, the findings of such assessments shall not be transmitted
without the worker’s consent and shall not be used to their
detriment.
 RIGHTS OF NIGHT WORKERS
Mandatory Facilities

a.) Suitable first-aid facilities;

b.) Safe and healthful working conditions
c.)Adequate or reasonable facilities such as sleeping
or resting quarters;
d.) Transportation from work premises subject to
exceptions to be provided by DOLE.
 RIGHTS OF NIGHT WORKERS
Transfers

Night workers who are certified as unfit for night work,

due to health reasons, shall be transferred, whenever
applicable, to a similar job for which they are fit to work.

If such transfer to a similar job is not practicable, these

workers shall be granted the same benefits as other workers
who are unable to work, or to secure employment during
such period.
 RIGHTS OF NIGHT WORKERS
Transfers

A night worker certified as temporarily unfit for night

work shall be given the same protection against dismissal or
notice of dismissal or other workers who are prevented from
working for reasons of health.
 RIGHTS OF NIGHT WORKERS
Women Night Workers

Pregnant women or Nursing mothers may be allowed to

work at night only if a competent physician, other than the
company physician, shall certify their fitness to render night
work, and specify, in the case of pregnant employees, the
period of the pregnancy that they can safely work.
 RIGHTS OF NIGHT WORKERS
Compensation

The compensation for night workers in the form of

working time, pay or similar benefits shall recognize the
exceptional nature of night work.
 RIGHTS OF NIGHT WORKERS
Social Services

Appropriate social services shall be provided for night

workers and, where necessary, for workers performing night
work.
 RIGHTS OF NIGHT WORKERS
Night Work Schedule

Before introducing work schedules requiring the services

of night workers, the employer shall consult the worker’s
representatives/labor organizations concerned on the details
of such schedules and the forms of organization of night work
that are best adapted to the establishment and its personnel,
as well as on the occupational health measures and social
services which are required. In establishments employing
night workers, consultation shall take place regularly.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Medical, Dental and Occupational Safety

First-Aid Treatment

Every employer shall keep in his establishment such first-

aid medicines and equipment as the nature and conditions
of work may require, in accordance with such regulations as
DOLE shall prescribe.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Medical, Dental and Occupational Safety

Emergency Medical and Dental Services

It shall be the duty of every employer to furnish his

employees in any locality with free medical and dental
attendance and facilities consisting of:

a.) Full-time registered Nurse – employees exceed 50 but not more

than 200 except when employer does not maintain hazardous
workplaces, in which case, the services of graduate first-aid shall
suffice.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Medical, Dental and Occupational Safety

Emergency Medical and Dental Services

b.) Full-time registered Nurse, part-time physician and dentist,

and an emergency clinic – employees exceed 200 but not
more than 300.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Medical, Dental and Occupational Safety

Emergency Medical and Dental Services

c.) Full-time physician and dentist, and a full-time registered

nurse as well as a dental clinic and an infirmary or
emergency hospital with one bed capacity for every 100
employees – employees exceed 300.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Medical, Dental and Occupational Safety

In cases of hazardous workplaces, no employer shall

engage the services of a physician or a dentist who cannot
stay in the premises of the establishment for at least 2 hours in
the case of those who engage on part-time basis and not
less than 8 hours in the case of those employed on full-time
basis. Where the undertaking is non-hazardous in nature, the
physician and dentist may be engaged on retained basis.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Medical, Dental and Occupational Safety

When Emergency Hospital not Required

The requirement for an emergency hospital or dental clinic shall

not be applicable in case there is a hospital or dental clinic which is
accessible from the employer’s establishment and he makes
arrangement for the reservation therein of the necessary beds and
dental facilities for the use of his employees.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Medical, Dental and Occupational Safety

When Emergency Hospital not Required

The requirement for an emergency hospital or dental clinic shall

not be applicable in case there is a hospital or dental clinic which is
accessible from the employer’s establishment and he makes
arrangement for the reservation therein of the necessary beds and
dental facilities for the use of his employees.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Safety and Health Standards

The Secretary of Labor and Employment shall, by

appropriate orders, set and enforce mandatory occupational
safety and health standards to eliminate or reduce
occupational safety and health hazards in all workplaces and
institute new, and update existing, programs to ensure safe
and healthful working conditions in all places of employment.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Research

It shall be the responsibility of DOLE:

1. to conduct continuing studies and research to develop innovative

methods, techniques and approaches for dealing with
occupational safety and health problems;
2. to discover latent diseases by establishing causal connections
between diseases and work in environmental conditions; and
3. to develop medical criteria which will assure insofar as practicable
that no employee will suffer impairment or diminution in health,
functional capacity, or life expectancy as a result of his work and
working conditions.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Training Programs

The DOLE shall develop and implement training

programs to increase the number and competence of
personnel in the field of occupational safety and industrial
health.
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
Administration of Safety and Health Laws

a.) The DOLE shall be solely responsible for the administration and
enforcement of occupational safety and health laws, regulations and
standards in all establishments and workplaces wherever they may be
located; however, chartered cities may be allowed to conduct
industrial safety inspections of establishments within their respective
jurisdictions where they have adequate facilities and competent
personnel.

b.) The Secretary may, through appropriate regulations, collect

reasonable fees for the inspection of steam boilers, pressure vessels and
pipings and electrical installations, the test and approval for safe use of
materials, equipment and other safety devices and the approval of
plans for such materials, equipment and devices.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Article 166. Policy

The State shall promote and develop a tax-

exempt employees’ compensation program whereby
employees and their dependents, in the event of work-
connected disability or death, may promptly secure
adequate income benefit and medical related
benefits.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
"Dependent" means the legitimate, legitimated or legally adopted or
acknowledged natural child who is unmarried, not gainfully employed, and
not over twenty-one (21) years of age or over twenty-one (21) years of age
provided he is incapacitated and incapable of self-support due to a physical
or mental defect which is congenital or acquired during minority; the
legitimate spouse living with the employee and the parents of said employee
wholly dependent upon him for regular support.

"Beneficiaries" means the dependent spouse until he/she remarries and

dependent children, who are the primary beneficiaries. In their absence, the
dependent parents and subject to the restrictions imposed on dependent
children, the illegitimate children and legitimate descendants, who are the
secondary beneficiaries: Provided, That the dependent acknowledged
natural child shall be considered as a primary beneficiary when there are no
other dependent children who are qualified and eligible for monthly income
benefit.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
"Injury" means any harmful change in the human organism from any accident arising
out of and in the course of the employment.

"Sickness" means any illness definitely accepted as an occupational disease listed by

the Commission, or any illness caused by employment subject to proof that the risk of
contracting the same is increased by working conditions. For this purpose, the
Commission is empowered to determine and approve occupational diseases and
work-related illnesses that may be considered compensable based on peculiar
hazards of employment.

"Death" means loss of life resulting from injury or sickness.

"Disability" means loss or impairment of a physical or mental function resulting from

injury or sickness.
 EMPLOYEES COMPENSATION AND
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"Injury" means any harmful change in the human organism from any accident arising
out of and in the course of the employment.

"Sickness" means any illness definitely accepted as an occupational disease listed by

the Commission, or any illness caused by employment subject to proof that the risk of
contracting the same is increased by working conditions. For this purpose, the
Commission is empowered to determine and approve occupational diseases and
work-related illnesses that may be considered compensable based on peculiar
hazards of employment.

"Death" means loss of life resulting from injury or sickness.

"Disability" means loss or impairment of a physical or mental function resulting from

injury or sickness.
 EMPLOYEES COMPENSATION AND
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ART. 168. Compulsory coverage.

Coverage in the State Insurance Fund shall be

compulsory upon all employers and their employees not over
sixty (60) years of age: Provided, That an employee who is
over (60) years of age and paying contributions to qualify for
the retirement or life insurance benefit administered by the
System shall be subject to compulsory coverage.
 EMPLOYEES COMPENSATION AND
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ART. 174. Liability of third party/ies.

(a) When the disability or death is caused by circumstances creating a

legal liability against a third party, the disabled employee or the
dependents, in case of his death, shall be paid by the System under this
Title. In case benefit is paid under this Title, the System shall be
subrogated to the rights of the disabled employee or the dependents,
in case of his death, in accordance with the general law.

(b) Where the System recovers from such third party damages in excess
of those paid or allowed under this Title, such excess shall be delivered
to the disabled employee or other persons entitled thereto, after
deducting the cost of proceedings and expenses of the System.
 EMPLOYEES COMPENSATION AND
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ART. 175. Deprivation of the benefits.

Except as otherwise provided under this Title, no

contract, regulation or device whatsoever shall operate to
deprive the employee or his dependents of any part of the
income benefits and medical or related services granted
under this Title. Existing medical services being provided by
the employer shall be maintained and continued to be
enjoyed by their employees.
 EMPLOYEES COMPENSATION AND
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ART. 183. Employers’ contributions.

(a) Under such regulations as the System may prescribe,

beginning as of the last day of the month when an employee’s
compulsory coverage takes effect and every month thereafter
during his employment, his employer shall prepare to remit to the
System a contribution equivalent to one percent of his monthly
salary credit.

(b) The rate of contribution shall be reviewed periodically and

subject to the limitations herein provided, may be revised as the
experience in risk, cost of administration and actual or anticipated
as well as unexpected losses, may require.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND

(c) Contributions under this Title shall be paid in their entirety by

the employer and any contract or device for the deductions of
any portion thereof from the wages or salaries of the employees
shall be null and void.

(d) When a covered employee dies, becomes disabled or is

separated from employment, his employer’s obligation to pay the
monthly contribution arising from that employment shall cease at
the end of the month of contingency and during such months
that he is not receiving wages or salary.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
ART. 184. Government guarantee.

The Republic of the Philippines guarantees the benefits

prescribed under this Title, and accepts general responsibility
for the solvency of the State Insurance Fund. In case of any
deficiency, the same shall be covered by supplemental
appropriations from the national government.
 EMPLOYEES COMPENSATION AND
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ART. 185. Medical services.

Immediately after an employee contracts sickness or

sustains an injury, he shall be provided by the System during
the subsequent period of his disability with such medical
services and appliances as the nature of his sickness or injury
and progress of his recovery may require, subject to the
expense limitation prescribed by the Commission.
 EMPLOYEES COMPENSATION AND
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The Employees’ Compensation Program

is a government program designed to provide a

compensation package to public and private employees or
their dependents in the event of work-related sickness, injury,
or death.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Coverage

In the event of work-related sickness, injury, or death, the

following are entitled to receive benefits and services under the
ECP;

1. Private sector workers who are registered as compulsory

members of the Social Security System (SSS) except self-
employed;

2. Overseas seafarers;
 EMPLOYEES COMPENSATION AND
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3. Government sector employees who are registered members of
the Government Service Insurance System (GSIS) including
elective government officials who are receiving regular salary;
and

4. Uniformed personnel of the Armed Forces of the Philippines

(AFP), the Philippine National Police (PNP), Bureau of Fire
Protection (BFP), and the Bureau of Jail Management and
Penology (BJMP).

Coverage in the program starts on the first day of employment.

 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
3. Government sector employees who are registered members of
the Government Service Insurance System (GSIS) including
elective government officials who are receiving regular salary;
and

4. Uniformed personnel of the Armed Forces of the Philippines

(AFP), the Philippine National Police (PNP), Bureau of Fire
Protection (BFP), and the Bureau of Jail Management and
Penology (BJMP).

Coverage in the program starts on the first day of employment.

 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Registration

Every employee shall be registered to the GSIS or the SSS

through his employer within one month or thirty (30) days from
the date of employment. However, no EC claim of any
employee shall be rejected on the basis alone of absence of
GSIS or SSS registration or EC contribution.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Registration

If the sickness, disability, or death occurs after the

prescribed 30-day period of registration and before the GSIS
or the SSS receives any report of the name of the concerned
employee, the employer shall be liable to the GSIS or to the
SSS for the lump sum equivalent to the benefits to which such
employee or his dependents may be entitled.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Contributions

Employers pay for the EC contributions of their

employees. • For a covered employee in the private sector,
his employer shall remit to the SSS a monthly contribution in
accordance with the following schedule:
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Contributions

• For a covered employee in the public sector, his employer shall

remit to the GSIS a monthly contribution of P100 per employee per
month

When a covered employee dies during employment, or is separated

from employment, his employer’s obligation to pay the monthly
contribution arising from that employment shall cease on the last day of
the month of contingency. Likewise, when a covered employee
becomes disabled during employment, his employer’s obligation to pay
the monthly contribution shall be suspended during such months that
he is not receiving salary or wages.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Compensability of illness or injury
Occupational Diseases

For an occupational disease and the resulting disability

or death to be compensable, all of the following conditions
must be satisfied:

1.The employee’s work and/or the working conditions must

involve risk/s that caused the development of the illness;
 EMPLOYEES COMPENSATION AND
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2.the disease was contracted as a result of the employee’s
exposure to described risks;

3.the disease was contracted within a period of exposure

and under such factors necessary to contract it; and

4.there was no deliberate act on the part of the employee to

disregard the safety measures or ignore established warning
or precaution.
 EMPLOYEES COMPENSATION AND
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The Increased Risk Theory

There is an increased risk if the illness is caused or

precipitated by factors inherent in the employees’ nature of
work and working conditions. It does not include aggravation
of a pre-existing illness. To establish compensability of the
claim under the Increased Risk Theory, the claimant must
show proof of work-connection. The degree of proof required
varies on a case to case basis.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Pre Employment and Periodic Medical Examination

The employer shall require pre-employment medical

examination of all prospective employees and provide
periodic medical examination to employees who are
exposed to occupational diseases.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Pre Employment and Periodic Medical Examination

The employer shall require pre-employment medical

examination of all prospective employees and provide
periodic medical examination to employees who are
exposed to occupational diseases.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Work-related Injuries

For the injury and the resulting disability or death to be

compensable, the injury must be the result of an accident arising
out of and in the course of employment.

The injury or the resulting disability or death sustained by

reason of employment are compensable regardless of the place
where the incident occurred, if it can be proven that, at the time
of the contingency, the employee was acting within the scope of
employment and performing an act reasonably necessary or
incidental to it.
 EMPLOYEES COMPENSATION AND
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Injuries or death resulting from any of the following shall also
be compensable:

1. Injuries resulting from an accident which happened at the

workplace.

Slips, trips, fall, and strains are only a few examples of an

accident which may happen at the place where an
employee is required to be as part of his work.
 EMPLOYEES COMPENSATION AND
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Injuries, and its resulting disability or death, sustained by

employees who are required to stay in the premises or in
quarters furnished by the employer regardless of the time of
its occurrence are also compensable except when the
disability or death was caused by the employee’s
intoxication, willful intention to injure or kill himself or another,
or notorious negligence.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
2. Injuries resulting from an accident which happened while the
employee is performing his official function.

3. Injuries resulting from an accident which happened outside of

the workplace but while the employee is performing an order of
his employer.

An injury sustained by an employee outside the company

premises is compensable if it is covered by an office order, locator
slip, or a pass for official business. The injury is likewise
compensable where the employee was performing official
functions outside regular working hours and beyond the place of
work.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
4. Injuries resulting from an accident which happened while
going to or coming from the place of work.

An injury or death of a covered employee in an

accident while he is going to, or coming from, the workplace
shall be considered compensable under the ECP provided
that the act of the employee in going to, or coming from, the
workplace must have been a continuing act; that he had not
been diverted therefrom by any other activity, and he had
not departed from his usual route to, or from, his workplace.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
5. Injuries resulting from an accident which happened while
ministering to personal comfort

Acts performed by an employee within the time and

space limits of his employment, to minister to personal
comfort such as satisfaction of his thirst, hunger, or other
physical demands, or to protect himself from excessive cold,
are deemed incidental to his employment. Injuries sustained
by the employees as a result of an accident while performing
such acts are considered compensable and arising out of
and in the course of employment.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
6. Injuries resulting from an accident while the employee is inside
the company shuttle bus.

7. Injuries resulting from an accident which occurred during a

company-sponsored activity.

8. Death of an Employee Due to Assault

The death of an employee as a result of a murderous assault is

compensable when the same occurred in the course of
performance of official functions.
 EMPLOYEES COMPENSATION AND
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Motive of assault need not be established if the covered employee
sustained injury while he was at the assigned or designated wokplaces;
if the employee was executing orders of employer; or the employee
was “going to or coming from” his workplace, subject to the existing
guidelines of the same.

Motive is important in cases where the covered employee was on

vacation leave, off-duty, or was at home when the incident happened.
Disclosure of the motive is an aid in determining causal connection
between the incident and the employment.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Continued…

Injuries, which resulted to disability or death, sustained by a soldier or

policeman when responding to a crime situation or when performing
their sworn duties as law enforcer while he was not at his assigned post,
is also compensable under the ECP.
 EMPLOYEES COMPENSATION AND
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Excepting Circumstances

No compensation shall be allowed to the employee or his/her

dependents in cases when the sickness, injury, disability, or death was
occasioned by any of the following:

1.Intoxication
Intoxication refers to a person’s condition in being under the
influence of liquor or prohibited drugs to the extent that his acts, words,
or conduct is impaired visibly, as to prevent him from physically and
mentally engaging in the duties of his employment.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Excepting Circumstances

2.Notorious Negligence
Notorious negligence is something more than mere or simple
negligence. It signifies a deliberate act of the employee to disregard his
own safety or ignore established warning or precaution.

3.Willful Intent to Injure Oneself or Another

This contemplates a deliberate intent on the part of the
employee to inflict injuries on himself or another.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Benefits under the ECP

Loss of Income Benefit

Under the ECP, it is the disability, or the incapacity to

work, which is being compensated and not the illness or the
injury. There are three types of loss of income benefit.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
1. Temporary Total Disability (TTD)

• For a disability that prevents an employee from performing his work for
a continuous period not exceeding 120 days

• The amount of daily income benefit shall be ninety percent (90%) of

the employee’s average daily salary credit as determined by the
Systems.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
2. Permanent Total Disability (PTD)

A monthly income benefit granted for disabilities, such as,

but not limited to, complete loss of sight of both eyes, loss and
function loss of both limbs, and brain injury resulting to imbecility or
insanity.

The amount of monthly income benefit for PTD shall be

determined by the Systems based on the average monthly salary
credit or average monthly compensation (AMSC/AMC).
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
3. Permanent Partial Disability (PPD)

A monthly income benefit is granted for disabilities that

result in physical loss (amputation) or functional loss of a body
part.

The number of monthly pensions is based on the

corresponding body part loss or functional loss, as provided
under Article 193 of PD No. 626, as amended, and EC
schedule of Compensation.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Death Benefits
The beneficiaries of the deceased employee are entitled to an income benefit if the
employee died as a result of a work-related injury or sickness.

They shall receive an income benefit paid at the beginning of the month of death of
the member and will continue for as long as they are entitled there to.

The surviving legitimate spouse is entitled to receive income benefit until he or she
remarries.

Each dependent child, not exceeding five, counted from the youngest and without
substitution, shall receive ten percent more as dependent’s pension.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Funeral Benefits

An amount of P20,000 may be granted for the Private Sector upon the death
of an employee who died as a result of a work-related accident or disease.

Simultaneous Granting of EC Disability Benefits and Sick Leave Benefits for

Private Sector.

EC disability benefits are granted to employees who meet work-connected

accidents or diseases while the said employee is on sick leave with pay.

Simultaneous Granting of EC Disability Benefits and Special Leave Benefits for

Women in the Private and Public Sector.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
Funeral Benefits

In the event that an employee’s gynecological disorders were

found to be work-connected, all qualified women employees in the
private and in the public sector can still avail of EC disability benefits in
addition to Special Leave Benefits under Republic Act No. 9710,
otherwise known as “Magna Carta for Women”.

For purposes of granting EC disability benefits due to

gynecological disorders, the concerned woman employee must prove
that her working conditions caused or contributed to the manifestation
of the said disorder.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
LIABILITIES OF AN EMPLOYER

Non-registration of employee If the sickness, disability, or

death occurs after the prescribed 30-day period of
registration and before the GSIS or the SSS receives any report
of the name of the concerned employee, the employer shall
be liable to the GSIS or to the SSS for the lump sum equivalent
to the benefits to which such employee or his dependents
may be entitled.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
LIABILITIES OF AN EMPLOYER

The payment by the employer of the lump sum

equivalent of such liability shall absolve him from the
payment of the delinquent contributions due and payable
during the calendar year of the contingency and penalty
thereon with respect to the employee concerned, but said
employer shall be subject to criminal liability.
 EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
LIABILITIES OF AN EMPLOYER

In case of such delinquency, the employer or responsible official

who committed the violation shall be punished with a fine of not less
than P1,000 nor more than P10,000 and/or imprisonment for the
duration of the violation or non-compliance or until such time that a
rectification of the violation has been made, at the Court’s discretion.

If any contribution is not paid to the SSS, the employer shall pay
besides the contribution a penalty thereon of 3 percent a month from
the date of the contribution falls due until paid.