DO NOT GIVE UP.

ART. 279. Security of tenure. - In cases of regular employment, the employer shall not terminate the
services of an employee except for a just cause or when authorized by this Title. An employee who is
unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other
privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary
equivalent computed from the time his compensation was withheld from him up to the time of his actual
reinstatement.

ART. 280. Regular and casual employment. - The provisions of written agreement to the contrary
notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be
regular where the employee has been engaged to perform activities which are usually necessary or 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 the employee or where the work or service to be performed is seasonal in nature and the
employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided,
That any employee who has rendered at least one year of service, whether such service is continuous or
broken, shall be considered a regular employee with respect to the activity in which he is employed and his
employment shall continue while such activity exists.

PROBATIONARY
ART. 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 basis may be terminated for a
just cause or when he fails to qualify as a regular employee 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 a regular employee.

SPECIAL WORKERS
APPRENTICE
ART. 58. Definition of Terms. - As used in this Title:

(a) "Apprenticeship" means practical training on the job supplemented by related theoretical instruction.

(b) An "apprentice" is a worker who is covered by a written apprenticeship agreement with an individual
employer or any of the entities recognized under this Chapter.

(c) An "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.

(d) "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.

ART. 60. 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.
(As amended by Section 1, Executive Order No. 111, December 24, 1986). chanroblesvirtuallawlibrary

ART. 61. Contents of apprenticeship agreements. - Apprenticeship agreements, including the wage rates of
apprentices, shall conform to the rules issued by the Secretary of Labor and Employment. The period of
apprenticeship shall not exceed six months. Apprenticeship agreements providing for wage rates below the
legal minimum wage, which in no case shall start below 75 percent of the applicable minimum wage, may
be entered into only in accordance with apprenticeship programs duly approved by the Secretary of Labor
and Employment. The Department shall develop standard model programs of apprenticeship. (As amended
by Section 1, Executive Order No. 111, December 24, 1986).

ART. 71. Deductibility of training costs. - An additional deduction from taxable income of one-half (1/2) of
the value of labor training expenses incurred for developing the productivity and efficiency of apprentices
shall be granted to the person or enterprise organizing an apprenticeship program: Provided, That such
program is duly recognized by the Department of Labor and Employment: Provided, further, That such
deduction shall not exceed ten (10%) percent of direct labor wage: and Provided, finally, That the person or
enterprise who wishes to avail himself or itself of this incentive should pay his apprentices the minimum
wage.

ART. 72. 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.

LEARNERS
ART. 73. Learners defined. - 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.
ART. 74. 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.

ART. 75. 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 chanroblesvirtuallawlibrary

(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.

HANDICAPPED
ART. 78. Definition. - Handicapped workers are those whose earning capacity is impaired by age or
physical or mental deficiency or injury.
ART. 79. 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.

ART. 80. 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

d. The work to be performed by handicapped workers.

The employment agreement shall be subject to inspection by the Secretary of Labor or his duly authorized
representative.

EMPLOYMENT OF WOMEN
ART. 130. Nightwork prohibition. - 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 oclock at night and six oclock in the
morning of the following day; or

(b) In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between
midnight and six oclock 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.

ART. 131. Exceptions. - The prohibitions prescribed by the preceding Article 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;

(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;

(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.

ART. 132. Facilities for women. - The Secretary of Labor and Employment shall establish standards that
will ensure the safety and health of women employees. In appropriate cases, he shall, by regulations,
require any employer to:

(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;

(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 like.

ART. 133. 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.

(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.

Article 134. Family Planning Services; Incentives for Family Planning. - (a) Establishments which are required by
law to maintain a clinic or infirmary 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.

(b) In coordination with other agencies of the government engaged in the promotion of family planning, the
Department of Labor and Employment shall develop and prescribe incentive bonus schemes to encourage family
planning among female workers in any establishment or enterprise.

Article 135. Discrimination Prohibited. It shall be unlawful for any employer to discriminate against any woman
employee with respect to terms and conditions of employment solely on account of her sex.

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.

Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of the
rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and 289 of
this Code: Provided, That the institution of any criminal action under this provision shall not bar the aggrieved
employee from filing an entirely separate and distinct action for money claims, which may include claims for
damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each other. (As
amended by Republic Act No. 6725, May 12, 1989).

Article 137. 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.

Article 138. 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.

EMPLOYMENT OF MINORS
Article 139. Minimum Employable Age. - (a) No child below fifteen (15) years of age shall be employed, except
when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any
way interfere with his schooling.

(b) Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and
such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations.

(c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in
an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and
Employment.

Article 140. Prohibition Against Child Discrimination. - No employer shall discriminate against any person in
respect to terms and conditions of employment on account of his age.

EMPLOYMENT OF HOMEWORKERS
Article 153. 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.

Article 155. Distribution of Homework. For purposes of this Chapter, 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:

(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.

FOREIGNERS

ART. 40. Employment permit of non-resident aliens. - Any alien seeking admission to the Philippines for
employment purposes and any domestic or foreign employer who desires to engage an alien for
employment in the Philippines shall obtain an employment permit from the Department of Labor.

The employment permit may be issued to a non-resident alien or to the applicant employer after a
determination of the non-availability of a person in the Philippines who is competent, able and willing at
the time of application to perform the services for which the alien is desired.

For an enterprise registered in preferred areas of investments, said employment permit may be issued upon
recommendation of the government agency charged with the supervision of said registered enterprise.

ART. 41. Prohibition against transfer of employment. - (a) After the issuance of an employment permit,
the alien shall not transfer to another job or change his employer without prior approval of the Secretary of
Labor.

(b) Any non-resident alien who shall take up employment in violation of the provision of this Title and its
implementing rules and regulations shall be punished in accordance with the provisions of Articles 289 and
290 of the Labor Code.

In addition, the alien worker shall be subject to deportation after service of his sentence.

ART. 42. Submission of list. - Any employer employing non-resident foreign nationals on the effective
date of this Code shall submit a list of such nationals to the Secretary of Labor within thirty (30) days after
such date indicating their names, citizenship, foreign and local addresses, nature of employment and status
of stay in the country. The Secretary of Labor shall then determine if they are entitled to an employment
permit.