1.

Thirteenth Month Pay (PD 851)

a. History of the Law
 Dentech Manufacturing Corporation v. NLRC

Summary: Private respondents (Benjamin Marbella, Armando Torno, Juanito Tajan, Jr., and Joel Torno who are members
of the Confederation of Citizens Labor Union and are used to be welders, upholsterers and painters of petitioner Dentech
Manufacturing) filed a complaint for illegal dismissal and violation of PD 851 (non-payment of 13th month pay) and claim for
their separation pay and the refund of the cash bond paid at the start of the employment. They sought to be reinstated and
be paid their 3th month pay and separation pay in case they cannot be reinstated. They allege that they were dismissed
because of pursuing union activities. The LA ruled in favour of the private respondents and ordered the reinstatement of the
private respondents. The NLRC, on appeal, ruled that financial distress is insufficient to exempt petitioner because private
petitioners have been entitled to 13th month pay even before their financial problems began. Pres. Corazon Aquino also
issued a Memorandum Order No.28 removing from exclusion those employees receiving monthly salary of more the
P1,000.00. The Court affirmed stating that the company is not exempted from application of the laws (both Labor Code and
PD 851). Filing of cash bond is in direct contravention of Article 114 of the Labor Code.

Doctrine: Financial Distress is not a sufficient reason to be exempted. Petitioner should have gotten an authorization from
DOLE to be exempted. *Read the full case re the history of PD 851*

b. Entitlement Granted by Law

 University of Pangasinan v. Florentino Fernandez & Heirs of Nilda Fernandez
SUMMARY: Florentino and Nilda, college instructors in the University of Pangasinan were found to be illegally dismissed.
In the finality of judgment in SC, it ordered the recomputation of award to include backwages and separation pay from the
decision of LA up to the finality of decision. In the recomputation, LA also included a 13 th month pay, which was not
included in the original LA decision. The Court held that LA and CA were correct in including the 13 th month pay in the
award.
DOCTRINE: 13th month pay is a right granted by P.D. No. 851. The computation of award for backwages and other benefits
is a mere legal consequence of the finding that there was illegal dismissal.

c. Coverage
 Archilles Manufacturing Corporation v. NLRC
SUMMARY:Archilles terminated several workers for violating their prohibition on bringing any member of their family to the employee
bunkhouse. NLRC ruled for valid dismissal based on violation of a company rule and ordered the company to pay the employees their
withheld taxes when it filed an opposition to the motion for issuance of a writ of execution on the ground that the order of reinstatement
of the Labor Arbiter was immediately executory, even pending appeal. NLRC also assumed that Archilles chose the option of payment,
rather than reinstatement. The court held that a writ of execution is necessary for the employer to exercise his choice.
DOCTRINE: Revised Guidelines on the Implementation of the 13th Month Pay Law (P.D. 851) – “(a)n employee who has resigned or
whose services were terminated at any time before the payment of the 13th month pay is entitled to this monetary benefit in proportion
to the length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of
his resignation or termination from the service x xxx The payment of the 13th month pay may be demanded by the employee upon the
cessation of employer-employee relationship. This is consistent with the principle of equity that as the employer can require the employee
to clear himself of all liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the
termination of the relationship. This statutory benefit is automatically vested in the employee who has at least worked for one month
during the calendar year. Such benefit may not be lost or forfeited even in the event of the employee's subsequent dismissal for cause
without violating his property rights

d. Rationale

e. Amount and Date of Payment

i. Basic Wage/Commission
 Songco v. NLRC
 Boie Takeda v. Dela Serna
 Philippine Duplicators Inc. v. NLRC
 Intercontinental Broadcasting Corporation v. Panganiban
SUMMARY:Panganiban resigned from his employment on September 2, 1988.On July 24, 1996, Panganiban filed against IBC a complaint
for illegal dismissal, separation pay, retirement benefits, unpaid commissions, and damages. IBC moved to dismiss Panganiban’s case on
the ground of lack of jurisdiction. The RTC denies the motion. CA granted IBC’s petition for lack of jurisdiction, setting aside the RTC’s
orders.
DOCTRINE: *Read the full case, walang kwenta yung digest, leche*

 Letran Calamba Faculty & Employees Association v. NLRC

SUMMARY:Letran Calamba Employees Association filed for money claims primarily because their overload pay was not included in the
computation for 13th month pay, among other money claims. The NLRC and the CA both dismissed the cases. SC ruled that overload pay
is not deemed a part of basic salary, thus not included in the computation for 13 th month pay.
DOCTRINE: In the same manner that payment for overtime work and work performed during special holidays is considered as
additional compensation apart and distinct from an employee’s regular wage or basic salary, an overload pay, owing to its very nature and
definition, may not be considered as part of a teacher’s regular or basic salary, because it is being paid for additional work performed
in excess of the regular teaching load. Overload partakes of the nature of temporary extra assignment and compensation therefore shall be
considered as an overload honorarium if performed within the 8-hour work period.

ii. Substitute Payment

 Framanlis Farms, Inc. v. MOLE
SUMMARY: 18 employees of petitioner Framanlis Farms, Inc, filed a complaint for non-payment of ECOLA, 13th month pay. Petitioner
Framanlis Farms, Inc. claimed exemption from paying respondents their 13 th month pay as they had been giving the latter “substitutes” or
“equivalents” of the same in the form of choice pork and free light and electricity. Court ruled that they were nonetheless obliged to pay
13th month pay.
DOCTRINE: The term 'its equivalent' as used in paragraph (c) hereof shall include Christmas bonus, mid-year bonus, profit-sharing
payments and other cash bonuses amounting to not less than 1/12 of the basic salary but shall not include cash and stock dividends, cost
of living allowances and all other allowances regularly enjoyed by the employee, as well as non-monetary benefits. (Sec. 3, PD 851)

2. Bonus
a. Nature
 Philippine Duplicators Inc. v. NLRC
b. Definition; When Demandable
 Eastern Telecommunications Philippines, Inc. v. Eastern Telecoms Employees Union
SUMMARY:ETPI in its 1998-2001 and 2001-2004 CBA Side agreements with ETEU grants the giving of 14th month bonus in April and
15th-16th during December. It had from 1975 to 2002 established that practice. However, ETPI planned to defer the payment of the 2003
bonuses to 2004, the reason being the deterioration of the company’s financial position starting in 2000. ETEU claims the bonuses as a
matter of right, but the adverse party asserts that their grant of the bonus was a management prerogative and was not demandable being an
act of liberality and dependent on the financial capability of the company. The Court held that such bonuses, being both indicated in the
CBA Side agreements and an established company practice, should be granted to ETEU.
DOCTRINE: A bonus, however, becomes a demandable or enforceable obligation when it is made part of the wage or salary or
compensation of the employee. Whether or not a bonus forms part of wages depends upon the circumstances and conditions for its
payment. If it is additional compensation which the employer promised and agreed to give without any conditions imposed for
its payment, such as success of business or greater production or output, then it is part of the wage. But if it is paid only if profits are
realized or if a certain level of productivity is achieved, it cannot be considered part of the wage. Where it is not payable to all but
only to some employees and only when their labor becomes more efficient or more productive, it is only an inducement for efficiency, a
prize therefore, not a part of the wage.

 Lepanto Ceramics, Inc. v. Lepanto Ceramics Employees Association

SUMMARY: After traditionally giving Christmas bonus in the amount of P3,000 since 1998 to its employees, Lepanto, in the year 2000,
only gave a year-end cash benefit of P600 and offered a cash advance to interested employees equivalent to 1 month salary payable in one
year. Respondent objected to this. After efforts to conciliate failed, Voluntary Arbiter ruled in favor of respondents and ordered the
payment of said bonus. This was affirmed by both the CA and SC.
DOCTRINE: A bonus is a gratuity or act of liberality of the giver. It is something given in addition to what is ordinarily received by or
strictly due the recipient. Generally, a bonus is not a demandable and enforceable obligation. For a bonus to be enforceable, it must have
been promised by the employer and expressly agreed upon by the parties

3. Working Conditions for Special Group of Workers

a. WOMEN
i. Women under the Constitution
Article II, Sec.14: “The State recognizes the role of women in nation-building, and shall ensure
the fundamental equality before the law of women and men.”
Article XIII, Sec.14: “The State shall protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full potential in the
service of the nation.”
 Philippine Telegraph and Telephone Company v. NLRC
SUMMARY: Grace was hired by Philippine Telegraph & Telephone Company as a Supernumerary Project Employee. She was again hired
on probationary status. In her application forms, she indicated that her civil status is single, even though she contracted marriage a few
months earlier. She was later on reminded of the company policy regarding married persons. She explained that she did not intentionally
hide her civil status and that she does not know the company’s policy regarding marriage. She was then dismissed by PT&T for having
contracted marriage in violation of company rules. Court sees this as discriminatory and in violation of existing laws for the protection of
women.
DOCTRINE: Art. 136. Stipulation against marriage. It shall be unlawful for an employer to require as a condition of employment or
continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a
woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman
employee merely by reason of her marriage

ii. Coverage
General Rule: This Rule shall apply to all employers, whether operating for profit or not, incluing
educational, religious and charitable institutions (Omnibus Rules, Book III, Rule XII, Sec.1)
 Exception: “except to the Government and to government-owned or controlled corporations and
to employers of household helpers and persons in their personal service, insofar as such workers
are concerned.” (Omnibus Rules, Book III, Rule XII, Sec.1)

iii. Equal Treatment before the Law

“Recognizing that the economic, political, and socio-cultural realities affect women's current
condition, the State affirms the role of women in nation building and ensures the
substantive equality of women and men. It shall promote empowerment of women and
pursue equal opportunities for women and men and ensure equal access to resources and
to development results and outcome. Further, the State realizes that equality of men and
women entails the abolition of the unequal structures and practices that perpetuate
discrimination and inequality. To realize this, the State shall endeavor to develop plans,
policies, programs, measures, and mechanisms to address discrimination and inequality
in the economic, political, social, and cultural life of women and men” (Magna Carta of
Women (RA9710), Sec.2,par.1)
Equal Treatment before the Law - The State shall take steps to review and, when necessary,
amend and/or repeal existing laws that are discriminatory to women within three (3) years from
the effectivity of this Act (Magna Carta of Women (RA9710), Sec.12)
“The State recognizes the role of women in nation-building, and shall ensure the fundamental
equality before the law of women and men.” (Article II, Sec.14)

iv. Night Work

RA10151- An Act Repealing Article 130 and 131 of the Labor Code
Coverage of Night Work
General Rule: This Chapter shall apply to all persons, who shall be employed or permitted or
suffered to work at night
Exception: Those employed in agriculture, stock, raising, fishing, maritime transport and inland
navigation, during period of not less than seven (7) consecutive hours, including the interval from
midnight to five o’clock in the morning, to be determined by the Secretary of Labor and
Employment, after consulting the worker’s representatives/labor organizations and employers
(Article 154, par.1, Labor Code)
NIGHT WORKER – means any employed person whose work requires performance of a
substantial number of hours of night work which exceeds a specified limit. This limit shall be
fixed by the Secretary of Labor after consulting the worker’s representatives/labor organizations
and employers (Article 154, par.2, Labor Code)
Women Night Workers
Measures shall be taken to ensure that an alternative to night work is available to women workers
who would otherwise be called upon to perform such work:
(a) Before and after childbirth, for a period of at least sixteen (16)weeks =, which shall be divided
between the time before and after childbirth
(b) For additional periods, in respect of which a medical certificate is produced stating that said
additional periods are necessary for the health of the mother or child:
a. During pregnancy
b. During specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE after
consulting the labor organizations and employers
 During the periods referred to in this article:
i. A woman worker shall not be dismissed or given notice of dismissal, except for
just or authorized causes provided for in this Code that are not connected with
pregnancy, childbirth and childcare responsibilities
ii. A woman worker shall not lose the benefits regarding her status, seniority, and
access to promotion which may attach to her regular night work position.
Pregnant women and 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.
The measures referred to in this article may include transfer to daywork
where this is possible, the provision of social security benefits or an extension
of maternity leave.
The provisions of this article shall not have the effect of reducing the
protection and benefits connected with maternity leave under existing laws.
v. Prohibited Acts
1. Discrimination
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
an fringe benefits, to a female employee as against a male employee, for work of equal
value
(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 wilful 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,
whihch may include claims for damages and other affirmative reliefs. The actions
hereby authorized shall proceed independently of each other. (Article 133, Labor Code)
Declaration of Policy - The State condemns discrimination against women in all its forms and
pursues by all appropriate means and without delay the policy of eliminating discrimination
against women in keeping with the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) and other international instruments consistent
with Philippine law. The State shall accord women the rights, protection, and opportunities
available to every member of society (Magna Carta of Women, Sec.2, par.2)
2. Stipulation against Marriage
Stipulation against Marriage - It shall be unlawful for an employer to require as a conditions of
employment or continuation of employment that a woman employee shall not get married, or
to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed
resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a
woman employee merely by reason of her marriage (Article 134, Labor Code).
 Duncan Association of Detailman – PTGWO v. Glaxo Wellcome
SUMMARY:Tecson was hired by Glaxo as a medical representative on Oct. 24, 1995. Contract of employment signed by Tecson
stipulates, among others, that he agrees to study and abide by the existing company rules; to disclose to management any existing future
relationship by consanguinity or affinity with co-employees or employees with competing drug companies and should management find
that such relationship poses a prossible conflict of interest, to resign from the company. Company's Code of Employee Conduct provides
the same with stipulation that management may transfer the employee to another department in a non-counterchecking position or
preparation for employment outside of the company after 6 months.

Tecson was initially assigned to market Glaxo's products in the Camarines Sur-Camarines Norte area and entered into a romantic
relationship with Betsy, an employee of Astra, Glaxo's competition. Before getting married, Tecson's District Manager reminded him
several times of the conflict of interest but marriage took place in Sept. 1998. In Jan. 1999, Tecson's superiors informed him of conflict of
intrest. Tecson asked for time to comply with the condition (that either he or Betsy resign from their respective positions). Unable to
comply with condition, Glaxo transferred Tecson to the Butuan-Surigao City-Agusan del Sur sales area. After his request against transfer
was denied, Tecson brought the matter to Glaxo's Grievance Committee and while pending, he continued to act as medical representative
in the Camarines Sur-Camarines Norte sales area. On Nov. 15, 2000, the National Conciliation and Mediation Board (NCMB) ruled that
Glaxo's policy was valid. SC ruled that Tecson was not constructively dismissed. The Court also ruled that Glaxo’s company policy does
not violate the equal protection clause.

DOCTRINE: ART. 136. Stipulation against marriage. - It shall be unlawful for an employer to require as a condition of employment or
continuation of employment that a woman shall not get married,or to stipulate expressly or tacitly that upon getting married, a woman
employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee
merely by reason of marriage

3. Discharge to Prevent Enjoyment of Benefits

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 (Article 135 (1), Labor Code)
4. Discharge on Account of Pregnancy
It shall be unlawful for any employer:
(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 135 (2)(3), Labor Code)
Equal Access and Elimination of Discrimination in Education, Scholarships, and Training.
(c) Expulsion and non-readmission of women faculty due to pregnancy outside of marriage
shall be outlawed. No school shall turn out or refuse admission to a female student solely on
the account of her having contracted pregnancy outside of marriage during her term in school
(Section 13(c), Magna Carta of Women)
5. Discharge on Account of Having Filed a Complaint or Having Testified or Being about
to Testify under this Code
Prohibited Acts – It shall be unlawful for any employer:
(d)To discharge any woman or child or any other employee for having filed a complaint or
having testified or being about to testify under the Code (Section 13(d), Book III, Rule XII of the
Omnibus Rules)
6. Expulsion of Women Faculty/Female Student Due to Pregnancy Outside of Marriage
Equal Access and Elimination of Discrimination in Education, Scholarships, and Training.
 (c) Expulsion and non-readmission of women faculty due to pregnancy outside of marriage
shall be outlawed. No school shall turn out or refuse admission to a female student solely on
the account of her having contracted pregnancy outside of marriage during her term in school
(Section 13(c), Magna Carta of Women)
vi. Facilities
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 employers 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 leadst
a dressing room for women
(c) To establish a nursery in a workplace for the benefit of the women employees therein
(d) To determine appropriate minimum age and other standards for retirement or
termination in special occupations such as those flight attendants and the like (Article 130,
Labor Code)

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 132, Labor Code)

Family Planning Services – Employers who habitually employ more than two hundred (200)
workers in any locality shall provide free family planning services to their employees and their
spouses which shall include but not limited to, the application or use of contraceptives

Subject to the approval of the Secretary of Labor and Employment, the Bureau of Women
and Young Workers shall, within thirty (30) days from the effective date of these Rules,
prescribe the minimum requirements of family planning services to be given by employers to
their employees (Section 11, Book III, Rule XII, Omnibus Rules)

vii. Special Women Workers

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 (Article 136, Labor
Code)
viii. Maternity Leave
Maternity Leave Benefit - A female member who has paid at least three (3) monthly contributions
in the twelve"month period immediately preceding the semester of her childbirth or miscarriage
shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her average
 daily salary credit for sixty (60) days or seventy"eight (78) days in case of caesarean delivery,
subject to the following conditions:
(a) That the employee 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;
(b) The full payment shall be advanced by the employer within thirty (30) days from the filing
of the maternity leave application;
(c) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits
provided by this Act for the same period for which daily maternity benefits have been
received;
(d) That the maternity benefits provided under this section shall be paid only for the first four
(4) deliveries or miscarriages;
(e) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of
the amount of maternity benefits advanced to the employee by the employer upon receipt
of satisfactory proof of such payment and legality thereof;
(f) That if an employee member should give birth or suffer miscarriage 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 employee
member would otherwise have been entitled to. (Section14-A, Social Security Act of 1997)
ix. Sexual Harassment
1. Work, Education or Training-related Sexual Harrassment - committed by an employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or
any other person who, having authority, influence or moral ascendancy over another in a
work or training or education environment, demands, requests or otherwise requires any
sexual favour from the other, regardless of whether demand, request or requirement for
submission is accepted by the object of said Act (Section3, Anti Sexual Harassment Act of 1995)
2. When Committed in a Work-Related/Employment Environment
(a) In a work-related or employment environment, sexual harassment is committed
when:
(1) The sexual favor is made as a condition in the hiring or in the employment,
reemployment or continued employment of said individual, or in granting said individual
favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant
the sexual favor results in limiting, segregating or classifying the employee which in a way
would discriminate, deprive or diminish employment opportunities or otherwise adversely
affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing labor
laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for
the employee (Section3(a), Anti-Sexual Harassment Act of 1995)
3. Duty of the Employer
Duty of the Employer or Head of Office in a Work-related, Education or Training Environment –
It shall be the duty of the employer or the head of the work-related, educational or training
environment or institution, to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
 prosecution of acts of sexual harassment. Towards this end, the employer or head of office
shall:
(a) Promulgate appropriate rules and regulations in consultation with the jointly
approved by the employees or students or trainees, through their duly designated
representatives, prescribing the procedure for the investigation or sexual harassment
cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for
unlawful acts of sexual harassment.
The said rules and regulations issued pursuant to this section shall include, among
others, guidelines on proper decorum in the workplace and educational or training
institutions.
(b) Create a committee on decorum and investigation of cases on sexual harassment. The
committee shall conduct meetings, as the case may be, with other officers and
employees, teachers, instructors, professors, coaches, trainors and students or trainees
to increase understanding and prevent incidents of sexual harassment. It shall also
conduct the investigation of the alleged cases constituting sexual harassment.
In the case of a work-related environment, the committee shall be composed of at
least one (1) representative each from the management, the union, if any, the
employees from the supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee shall be
composed of at least one (1) representative from the administration, the trainors,
teachers, instructors, professors or coaches and students or trainees, as the case
maybe.
The employer or head of office, educational or training institution shall
disseminate or post a copy of this Act for the information of all concerned.
 Philip Aeolus Automotive United Corporation v. NLRC
 Libres v. NLRC
SUMMARY:Libres was charged with sexual harassment by Capiral for touching the latters hand and shoulder. The internal investigation
led to a conclusion that Libres’ acts clearly constituted sexual harassment as charged. He was suspended for 30 days without pay. He filed a
complaint for illegal suspension and unjust discrimination, claiming denial of due process. LA, NLRC and SC dismissed his complaint.

DOCTRINE: Managerial employees are bound by more exacting work ethics. RA No. 7877 was approved Feb 14, 1995. It was not yet in
effect at the time of the occurrence of the act complained of. As a rule, laws shall have no retroactive effect unless otherwise provided, or
except in a criminal case when their application will favor the accused. Thus, LA had to rely on the MEC report and the common
connotation of sexual harassment as it is generally understood by the public

b. CHILDREN
i. UN General Assembly – Convention on the Rights of the Child (CRC)
ii. Minors under the Constitution
The State recognizes the vital role of the youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs (Article II,
Section 13)
iii. Coverage/Definition
1. Child - refers to any person under 18 years of age (Section3(a), DO 65-04)
 2. Child Labor - refers to any work or economic activity performed by a child that subjects
him/her to any form of exploitation or is harmful to his/her health and safety or physical,
mental or psychosocial development (Section3(b), DO 65-04
3. Working Child - refers to any child engaged as follows:
(1) when the child is below eighteen (18) years of age, in work or economic activity that is
not child labor as defined in the immediately preceding sub-paragraph, and
(2) when the child below fifteen (15) years of age, (i) in work where he/she is directly
under the responsibility of his/her parents or legal guardian and where only members
of the child’s family are employed; or (ii)in public entertainment or information
(Section 3(c), DO 65-04)
iv. Employment of Children
Prohibition on the Employment of Children in Certain Advertisements – No child below 18 years of
age shall be employed as a model in any advertisement directly or indirectly promoting alcoholic
beverages, intoxicating drinks, tobacco and its by-products, gambling or any form of violence or
pornography (Section 6, DO 65-04)
v. Hours of Work
Hours of work – include:
(1) all time during which a child is required to be at a prescribed workplace, and
(2) all time during which a child is suffered or permitted to work. Rest periods of short duration
during working hours shall be counted as hours worked.
vi. Prohibitions against Worst Forms of Child Labor
Prohibition on the Employment of Children in Worst Forms of Child Labor – No child shall be
engaged in the worst forms of child labor. The phrase “worst forms of child labor” shall refer to
any of the following:
(a) All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices
similar to slavery such as sale and trafficking of children, debt bondage and serfdom and
forced or compulsory labor, including recruitment children for use in armed conflict.
(b) The use, procuring, offering or exposing of a child for prostitution, for the production of
pornography or for pornographic performances;
(c) The use, procuring or offering of a child for illegal or illicit activities, including the production
or trafficking of dangerous drugs or volatile substances prohibited under existing laws; or
(d) Work which, by its nature or the circumstances in which it is carried out, is hazardous or
likely to be harmful to the health, safety or morals of children, such that it:
(1) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human
being; or
(2) Exposes the child to physical, emotional or sexual abuse, or is found to be highly
stressful psychologically or may prejudice morals; or
(3) Is performed underground, underwater or at dangerous heights; or
(4) Involves the use of dangerous machinery, equipment and tools such as power-driven
or explosive power-actuated tools; or
(5) Exposes the child to physical danger such as, but not limited to the dangerous feats of
balancing, physical strength or contortion, or which requires the manual transport of
heavy loads; or
(6) Is performed in an unhealthy environment exposing the child to hazardous working
conditions, elements, substances, co-agents or processes involving ionizing, radiation,
 fire, flammable substances, noxious components and the like, or to extreme
temperatures, noise levels or vibrations; or
(7) Is performed under particularly difficult conditions; or
(8) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoa,
nematodes and other parasites; or
(9) Involves the manufacture or handling of explosives and other pyrotechnic products
(Section 5, DO 65-04; Section 12-D, RA9231)
vii. Discrimination
Prohibition against Child Discrimination – No employer shall discriminate against any person in
respect to terms and conditions of employment on account of his age (Article 138, Labor Code)
viii. Jurisdiction
Jurisdiction - The family courts shall have original jurisdiction over all cases involving offenses
punishable under this Act: Provided, That in cities or provinces where there are no family courts
yet, the regional trial courts and the municipal trial courts shall have concurrent jurisdiction
depending on the penalties prescribed for the offense charged.
The preliminary investigation of cases filed under this Act shall be terminated within a
period of thirty (30) days from the date of filing.
If the preliminary investigation establishes a prima facie case, then the corresponding
information shall be filed in court within forty eight (48) hours from the termination of the
investigation.
Trial of cases under this Act shall be terminated by the court not later than ninety (90)
days from the date of filing of information. Decision on said cases shall be rendered within a
period of fifteen (15) days from the date of submission of the case.

Exemptions from Filing Fees - When the victim of child labor institutes a separate civil action for
the recovery of civil damages, he/she shall be exempt from payment of filing fees (Section 15)

Access to Immediate Legal, Medical and Psycho-Social Services - The working child shall have the
right to free legal, medical and psycho-social services to be provided by the State. (Section 16-C)

c. DOMESTIC WORKERS OR “KASAMBAHAYS” (formerly referred to as “Househelpers”)

i. Declared Policies
It is hereby declared that:
(a) The State strongly affirms labor as a primary social force and is committed to respect,
promote, protect and realize the fundamental principles and rights at work including, but not
limited to, abolition of child labor, elimination of all forms of forced labor, discrimination in
employment and occupation, and trafficking in persons, especially women and children;
(b) The State adheres to internationally accepted working conditions for workers in general, and
establishes labor standards for domestic workers in particular, towards decent employment
and income, enhanced coverage of social protection, respect for human rights and
strengthened social dialogue;
(c) The State recognizes the need to protect the rights of domestic workers against abuse,
harassment, violence, economic exploitation and performance of work that is hazardous to
their physical and mental health; and
 (d) The State, in protecting domestic workers and recognizing their special needs to ensure safe
and healthful working conditions, promotes gender-sensitive measures in the formulation and
implementation of policies and programs affecting the local domestic work.
ii. Definition
1. Domestic Work – refers to work performed in or for a household or households (Article I,
Section 4(c), Domestic Workers Act)
2. Domestic Worker / 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, transportation,
school projects and school activities (Article I, Section 4(d), Domestic Workers Act)
3. Household – refers to the immediate members of the family or the occupants of the house
that are directly provided services by the domestic worker (Article I, Section 4(f), Domestic
Workers Act)
iii. Coverage
This Act applies to all domestic workers employed and working within the country (Article I,
Section 3, Domestic Workers Act).
iv. Conditions of Employment: Rights and Privileges
1. Standard of Treatment
The employer or any member of the household shall not subject a domestic worker or
“kasambahay” to anykind of abuse nor inflict any form of physical violence or harassment or
any act tending to degrade the dignity of a domestic worker (Article II, Section 5, Domestic
Workers Act)
2. Board, Lodging and Medical Attendance
The employer shall provide for the basic necessities of the domestic worker to include at
least three (3) adequate meals a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker in case
of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of these
basic necessities as punishment or disciplinary action to the domestic worker.
3. 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.
4. 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
5. Right to Education and Training
 The employer shall afford the domestic worker the opportunity to finish basic education
and may allow access to alternative learning systems and, as far as practicable, higher
education or technical and vocational training. The employer shall adjust the work schedule
of the domestic worker to allow such access to education or training without hampering the
services required by the employer.
6. Employment Contract
An employment contract shall be executed by and between the domestic worker and the
employer before the commencement of the service in a language or dialect understood by
both the domestic worker and the employer. The domestic worker shall be provided a copy of
the duly signed employment contract which must include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.

The Department of Labor and Employment (DOLE) shall develop a model

employment contract for domestic workers which shall, at all times, be made available
free of charge to domestic workers, employers, representative organizations and the
general public. The DOLE shall widely disseminate information to domestic workers and
employers on the use of such model employment contract.

In cases where the employment of the domestic worker is facilitated through a private
employment agency, the PEA shall keep a copy of all employment contracts of domestic
workers and shall be made available for verification and inspection by the DOLE.

7. Employment Age
It shall be unlawful to employ any person below fifteen (15) years of age as a domestic
worker. Employment of working children, as defined under this Act, shall be subject to the
provisionsof Section 10(A), paragraph 2 of Section 12-A, paragraph 4 of Section 12-D, and
Section 13 of Republic Act No. 7610, as amended, otherwise known as the “Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act”.
Working children shall be entitled to minimum wage, and all benefits provided under this
Act.
Any employer who has been sentenced by a court of law of any offense against a working
child under this Act shall be meted out with a penalty one degree higher and shall be
prohibited from hiring a working child.
8. Health and Safety
The employer shall safeguard the health and safety of the domestic worker in accordance
with laws, rules and regulations, with due consideration of the peculiar nature of domestic
work
9. Daily Rest Period
The domestic worker shall be entitled to an aggregate daily rest period of eight (8) hours
per day.
10. Weekly Rest Period
The domestic worker shall be entitled to at least twenty-four (24) consecutive hours of
rest in a week. The employer and the domestic worker shall agree in writing on the schedule
of the weekly rest day of the domestic worker:Provided, That the employer shall respect the
preference of the domestic worker as to the weekly rest day when such preference is based on
religious grounds. Nothing in this provision shall deprive the domestic worker and the
employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
11. Compensation
a. Minimum Wage
The minimum wage of domestic workers shall not be less than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the
National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and
first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed in other
municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the
Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper,
determine and adjust the minimum wage rates of domestic workers.
b. Time, Form of Payment/Person to Pay
Payment of wages shall be made on time directly to the domestic worker to whom
they are due in cash at least once a month. The employer, unless allowed by the domestic
worker through a written consent, shall make no deductions from the wages other than
that which is mandated by law. No employer shall pay the wages of a domestic worker by
means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other
than the cash wage as provided for under this Act.
c. Pay Slip
The employer shall at all times provide the domestic worker with a copy of the pay
slip containing the amount paid in cash every pay day, and indicating all deductions
made, if any. The copies of the pay slip shall be kept by the employer for a period of three
(3) years (Article IV, Section 26, Domestic Workers Act)
d. Thirteenth Month Pay
The domestic worker is entitled to a thirteenth month pay as provided for by law
(Article IV, Section 25, par.2, Domestic Workers Act)
12. Leave Benefits
A domestic worker who has rendered at least one (1) year of service shall be entitled to an
annual service incentive leave of five (5) days with pay: Provided, That any unused portion of
said annual leave shall not be cumulative or carried over to the succeeding years. Unused
leaves shall not be convertible to cash.
13. 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.
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.
The domestic worker shall be entitled to all other benefits under existing laws.
14. Termination of Service
a. Fixed Duration
Neither the domestic worker nor the employer may terminate the contract before the
expiration of the term except for grounds provided for in Sections 33 and 34 of this Act. If
the domestic worker is unjustly dismissed, the domestic worker shall be paid the
compensation already earned plus the equivalent of fifteen (15) days work by way of
indemnity. If the domestic worker leaves without justifiable reason, any unpaid salary due
not exceeding the equivalent fifteen (15) days work shall be forfeited. In addition, the
employer may recover from the domestic worker costs incurred related to the deployment
expenses, if any: Provided, That the service has been terminated within six (6) months
from the domestic worker’s employment.
b. Not Fixed
If the duration of the domestic service is not determined either in stipulation or by the
nature of the service, the employer or the domestic worker may give notice to end the
working relationship five (5) days before the intended termination of the service
15. Grounds for Termination
a. If 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;
(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.
b. If Initiated by the Employee
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;
(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.
c. If Mutually Agreed
The domestic worker and the employer may mutually agree upon written notice to
pre-terminate the contract of employment to end the employment relationship.
16. Employment Certification
Upon the severance of the employment relationship, the employer shall issue the
domestic worker within five (5) days from request a certificate of employment indicating the
nature, duration of the service and work performance.
v. Extent of Duty
The domestic worker and the employer may mutually agree for the former to temporarily
perform a task that is outside the latter’s household for the benefit of another household.
However, any liability that will be incurred by the domestic worker on account of such
arrangement shall be borne by the original employer. In addition, such work performed outside
the household shall entitle the domestic worker to an additional payment of not less than the
existing minimum wage rate of a domestic worker. It shall be unlawful for the original employer
to charge any amount from the said household where the service of the domestic worker was
temporarily performed.
vi. Wage Prohibitions
1. Against Charging of 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
2. Against Deposits from Which Deductions Shall be Made
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.
3. Against 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
4. Against Assignment to Non-Household Work
No domestic worker shall be assigned to work in a commercial, industrial or agricultural
enterprise at a wage rate lower than that provided for agricultural or nonagricultural workers.
In such cases, the domestic worker shall be paid the applicable minimum wage.
  Fernando Company (formerly doing business under the name “National Mami
House”) v. Lina Vargas
SUMMARY:Housemaid/bakeshop employee filed a complaint for illegal dismissal and several money claims. Employer alleged that she
was not an employee of the bakeshop, and was simply a housemaid. CA found that the employer’s business was located in the same place
as his residence, and that complainant, aside from performing tasks as a housemaid, also performed tasks as an employee of the bakeshop,
thus she was a regular employee and illegally dismissed. Court affirmed on the ground that the petition raised questions of fact over which
it had no jurisdiction.
DOCTRINE: The performance of functions related to the principal business of employer and over which he exercises control leads to
the conclusion that the employee is a regular employee entitled to security of tenure and not a housemaid

 Apex Mining Company, Inc. v. NLRC

SUMMARY:Apex Mining Company, Inc. employed SincliticaCandido as a laundrywoman in its staff house. While hanging laundry,
Sinclitica slipped and hit her back on a stone, which rendered her unfit to perform work. Consequently, Apex dismissed her. Sinclitica filed
a complaint. Apex argues that Sinclitica is not a regular employee, but merely a domestic helper. The Court held that definition of a
“househelper” or “domestic servant” only contemplates one who performs in the employer’s home, and does not include househelp or
laundrywomen working in staffhouses of a company.
DOCTRINE: In determining whether one is a “househelper” or “domestic servant” as contemplated by the Code, the criteria is the
personal comfort and enjoyment of the family of the employer in the home of said employer. The Coderefers to one who is employed in
the employer’s home tominister exclusively to the personal comfort and enjoyment of the employer’s family

5. Against Charging by the Original Employer for Temporary Domestic Service

It shall be unlawful for the original employer to charge any amount from the said
household where the service of the domestic worker was temporarily performed.
6. Against Deductions Other Than Those Mandated by Law
The employer, unless allowed by the domestic worker through a written consent, shall
make no deductions from the wages other than that which is mandated by law.
7. Against Payment in Forms Other than Cash
No employer shall pay the wages of a domestic worker by means of promissory notes,
vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided
for under this Act.
8. Against Interference in the Disposal of Wages
t shall be unlawful for the employer to interfere with the freedom of any domestic worker
to dispose of the latter’s wages. The employer shall not force, compel or oblige the domestic
worker to purchase merchandise, commodities or other properties from the employer or from
any other person, or otherwise make use of any store or services of such employer or any
other person.
9. Against Withholding of Wages
It shall be unlawful for an employer, directly or indirectly, to withhold the wages of the
domestic worker. If the domestic worker leaves without any justifiable reason, any unpaid
salary for a period not exceeding fifteen (15) days shall be forfeited. Likewise, the employer
shall not induce the domestic worker to give up any part of the wages by force, stealth,
intimidation, threat or by any other means whatsoever.
vii. Remedies
1. Abused or Exploited Domestic Worker
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.
2. Mechanism for Settlement of Disputes
a. Jurisdiction of the DOLE Regional Office
All labor-related disputes shall be elevated to the DOLE Regional Office having
jurisdiction over the workplace without prejudice to the filing of a civil or criminal action
in appropriate cases. The DOLE Regional Office shall exhaust all conciliation and
mediation efforts before a decision shall be rendered
b. Jurisdiction of Regular Courts
Ordinary crimes or offenses committed under the Revised Penal Code and other
special penal laws by either party shall be filed with the regular courts
c. Penalty
Any violation of the provisions of this Act declared unlawful shall be punishable
with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Forty
thousand pesos (P40,000.00) without prejudice to the filing of appropriate civil or
criminal action by the aggrieved party.
viii. “Araw ng mga Kasambahay”
The date upon which the President shall approve this “Domestic Workers Act” shall be
designated as the “Araw ng mga Kasambahay”
ix. Employer’s Right to Privileged Communication
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
x. Employer’s Reportorial Duties
The employers shall register all domestic workers under their employment in the Registry
of Domestic Workers in the barangay where the employer’s residence is located. The Department
of the Interior and Local Government (DILG) shall, in coordination with the DOLE, formulate a
registration system for this purpose

d. HOMEWORKERS
i. Coverage and Regulation
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
Department of Labor and Employment to ensure the general welfare and protection of
homeworkers and field personnel and the industries employing them (Article 151, Labor Code)
Regulations of Secretary of Labor – The regulations or orders to be issued pursuant to this Chapter
shall be designed to assure the minimum terms and conditions of employment applicable to the
industrial homeworkers or field personnel involved (Article 152, Labor Code)
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
 ii. Definition
Industrial Homework – a system of production under which workfor an employer or contractor
is carries out by a homework at his/her home. Materials may or may not be furnished by the
employer or contractor. It differs from regular factory production principally in that, it is a
decentralized form of production where there is ordinarily very little supervision or regulation of
methods of work.
Industrial Homeworker – means a worker who is engaged in industrial homework
Home – means any room, house, apartment or other premises used regularly, in whole or in part,
as dwelling place, except those situated within the premises or compound of an employer,
contractor or subcontractor and the work performed therein is under the active or personal
supervision by or for the latter
Employer – means any natural or artificial person who, for his own account or benefit, or on
behalf of any peron residing outside the Philippines, directly or indirectly, or through any
employee, agent, contractor, subcontractor, 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 direction
(2) Sells any goods, articles or materials for the purposed of having such goods or articles
processed in or about a home and then repurchases them himself or through another after
such processing
Contractor or Subcontractor – means any person who. For the account or benefit of an
employer, delivers or causes to be delivered to a homeworker goods or articles to be processed in
or about his home and thereafter to be returned, disposed of or distributed in accordance with
the direction of the employer
Processing – means manufacturing, fabricating, finishing, repairing, altering, packing, wrapping
or handling in any way connected with the production or preparation of an article or material
Cooperative – is an association registered under the Cooperative Code of the Philippines (Section
2, DO 05-92)
iii. Right to Self-Organization
Homeworkers shall have the right to form, join or assist organizations of their own
choosing, in accordance with law (Section 3, DO 05-92)
iv. Registration
a. Homeworkers’ Organization
Any applicant homeworker organization or association shall acquire legal
personality, and shall be entitled to the rights and privileges granted by law to legitimate
labor organizations upon issuance of the certificate of registration based on the following
requirements:
(1) Fifty-fice Pesos (P55.00) registration fee
(2) The names of its officers, their addresses, the principal address of the homeworkers
organization, the minutes of the organizational meetings and the list of workers who
participated in such meetings
(3) The names of all its members comprising at least 20% of all the workers in the
bargaining unit where it seeks to operate, if applicable,
(4) If the applicant has been in existence for one or more years, copies of its annual
financial reports
 (5) Four copies of the constitution and by-laws of the applicant organization, the minutes
of its adoption or ratification and the list of members who participated in it
b. Employer
The Department shall, as soon as possible, conduct consultation meetings with
government agencies requiring registration of employers and determine if the data being
supplied by the registration forms of such agencies are the same as or similar those need
by the Department in the implementation of this regulations. If the registration forms of
other agencies do not provide the data needed by the DOLE, it shall inquire into the
possibility of adopting a common registration form with other agencies that will provide
the data needed by all the agencies concerned.
v. Conditions of Employment
a. Standard Output/Minimum Rates
At the initiative of the Department or upon petition of any interested party, the
Secretary of Labor and Employment or his authorized representative shall establish the
standard output rate or standard minimum rate in appropriate orders for the particular
work or processing to be performed by the homeworkers.
The standard output rates or piece rates shall be determined through any of the
following procedures:
i. Time and motion studies
ii. An individual/collective agreement between the employer and its workers as
approved by the Secretary or his authorized representative
iii. Consultation with representatives of employers and workers organization in a
tripartite conference called by the Secretary

The time and motion studies shall be undertaken by the Regional Office having
jurisdiction over the location of the premise/s used regularly by the homeworker/s.
However, where the job operation or activity is being likewise performed by regular
factory workers at the factory or premises if the employer, the time and motion studies
shall be conducted by the Regional Office having jurisdiction over the location of the main
undertaking of the employer shall be applicable to the homeowrkers performing the same
job activity. The standard piece rate shall be issued by the Regional Office within one
month after a request has been made at said office.

Upon request of the Regional Office, the Bureau of Working Condition shall
provide assistance in the conduct of such studies.

Non-compliance with the established standard rates can be the subject of

complaint which shall be filed at the Regional Office (Section 7, DO05-92)

b. Wage Deductions
Payment for Homework – Immediately upon receipt of the finished goods or articles, the
employer shall pay the homeworker or the contractor or subcontractor, as the case may
be, for the work performed less corresponding homeworkers’ share of SSS, PhilHealth and
ECC premium contributions which shall be remitted by the contractor/subcontractor or
employer to the SSS with the employers’ share. However, where payment is made to a
contractor or subcontractor, the homeworker shall likewise be paid immediately after the
goods or articles have been collected from the workers.
c. Deductions for Materials
 Deductions – No employer, contractor, or subcontractor shall make any deduction from
the homeworker’s earnings for the value of materials which have been lost, destroyed,
soiled or otherwise damaged unless the following conditions are met:
i. The homeworker concerned is clearly shown to be responsible for the loss or
damage
ii. The homeworker is given reasonable opportunity to show cause why deductions
should not be made
iii. The amount of such deduction is fair and reasonable and shall not exceed the
actual loss or damage
iv. The deduction is made at such a rate that the amount deducted does not exceed
20% of the homeworker’s earning in a week
d. Improperly Executed Work
Conditions for Payment of Work
i. The employer may require the homeworker to redo the work which has been
improperly executed without having to pay the stipulated rate again
ii. An employer, contractor, or subcontractor need not pay the homeworker for nay
work which has been done on goods and articles which have been returned for
reasons attributable to the fault of the homeworker (Section 9. DO 05-92)
e. Returned Goods
i. An employer, contractor, or subcontractor need not pay the homeworker for nay
work which has been done on goods and articles which have been returned for
reasons attributable to the fault of the homeworker (Section 9(b), DO 05-92)
vi. Joint and Several Liability of Employer/Contractor
Duties of Employer, Contractor and Subcontractor – Whenever an employer shall contract with
another for the performance of the employer’s work, it shall be the duty of such employer to
provide in such contract that the employees or homeworkers of the contractor and the latter’s
subcontractor shall be paid in accordance with the provisions of this Rule. In the event that
such contractor or subcontractor fails to pay the wages or earnings of his employees or
homeworkers as specified in this Rule, such employer shall be jointly and severally liable
with the contractor or subcontractor to the workers of the latter, to the extent that such
work is performed under such contract, in the same manner as if the employees or
homeowrkers were directly engaged by the employer. The employer, contractor or
subcontractor shall assist the homeworkers in the maintenance of basic safe and healthful
working conditions at the homeworkers’ place of work (Section 11, DO 05-92)
vii. Prohibitions
Prohibition for Homework – No homework shall be performed on the following:
1. Explosives, fireworks and articles of like character
2. Drugs and poisons
3. Other articles, the processing of which requires exposure to toxic substances (Section 13,
DO 05-92)
viii. Enforcement
Enforcement Power – The Regional Director shall have the power to order and administer
compliance with the provisions of the law and regulations affecting the terms and conditions of
employment of homeworkers and shall have the jurisdiction in cases involving violation of this
Rule.
 Complaints for violations of labor standards and the terms and conditions of employment
involving money claims of homeworker in an amount of not more than P5,000.00 per
homeoworker shall be heard and decided by the Regional Director. He shall have the power to
order and administer; after due notice and hearing, compliance with the provisions of this Rule.
In cases where the findings of the Regional Office show that the money claims due a
homeworker exceed P5,000.00 the same shall be endorsed to the appropriate Regional Arbitration
Branch of the National Labor Relations Commission
Non-compliance with the order issued by the Regional Director can be teh subject of
prosecution in accordance with the penal provisions of the Labor Code.
In cases of disagreement between the homeworker and the employer, contractor, or
subcontractor on a matter falling under this Rule, either party may refer the case to the Regional
Office having jurisdiction over the workplace of the homeworker. The Regional Office shall
decide the case within ten (10) working days from receipt of the case. Its decision shall final and
executory (Section 10, DO 05-92)

e. NIGHT WORKERS
RA10151- An Act Repealing Article 130 and 131 of the Labor Code
i. Coverage of Night Work
General Rule: This Chapter shall apply to all persons, who shall be employed or permitted or
suffered to work at night
Exception: Those employed in agriculture, stock, raising, fishing, maritime transport and inland
navigation, during period of not less than seven (7) consecutive hours, including the interval from
midnight to five o’clock in the morning, to be determined by the Secretary of Labor and
Employment, after consulting the worker’s representatives/labor organizations and employers
(Article 154, par.1, Labor Code)
ii. Definition
NIGHT WORKER – means any employed person whose work requires performance of a
substantial number of hours of night work which exceeds a specified limit. This limit shall be
fixed by the Secretary of Labor after consulting the worker’s representatives/labor organizations
and employers (Article 154, par.2, Labor Code)
iii. Rights
1. To Undergo Health Assessment
Health Assessment – At their request, workers shall have the right to undergo a 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
(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 or unfitness for night work, the findings of such
assessments shall not be transmitted to others without the workers’ consent and shall not
be used to their detriment (Article 155, Labor Code)
2. To mandatory Suitable First-Aid Facilities
Mandatory Facilities – Suitable first-aid facilities shall be made available for workers
performing night work, including arrangements where such workers where necessary, can be
taken immediately to a place for appropriate treatment. The employers are likewise required
 to provide safe and healthful working conditions and adequate or reasonable facilities such as
sleeping or resting quarters in the establishment and transportation from the work premises
to the nearest point of their residence subject to exceptions and guidelines to be provided by
the DOLE (Article 156, Labor Code)
3. To be Transferred if Unfit for Night Work
Transfer – 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.
A night worker certified as temporarily unfit for night work shall be given the same
protection against dismissal or notice of dismissal as other workers who are prevented from
working for reasons of health (Article 157, Labor Code)
4. Compensation
Compensation – The compensation for night workers in the form of working time, pay or
similar benefits shall recognize the exceptional nature of night work (Article 159, Labor Code)
5. To Appropriate Social Services
Social Services – Appropriate social services shall be provided for night workers and, where
necessary, for workers performing night work (Article 160, Labor Code)
6. To be Consulted on Night Work Schedule
Night Work Schedule – Before introducing work schedules requiring the services of night
workers, the employer shall consult the workers’ representatives/labor organizations
concerned on the details of such schedules and the forms of organization of nigh 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 (Article 161, Labor Code)
iv. Women Night Workers
Women Night Workers - Measures shall be taken to ensure that an alternative to night work is
available to women workers who would otherwise be called upon to perform such work:
4. Before and after childbirth, for a period of at least sixteen (16)weeks, which shall be divided
between the time before and after childbirth
5. For additional periods, in respect of which a medical certificate is produced stating that said
additional periods are necessary for the health of the mother or child:
a. During pregnancy
b. During specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE after
consulting the labor organizations and employers
During the periods referred to in this article:
i. A woman worker shall not be dismissed or given notice of dismissal, except for
just or authorized causes provided for in this Code that are not connected with
pregnancy, childbirth and childcare responsibilities
ii. A woman worker shall not lose the benefits regarding her status, seniority, and
access to promotion which may attach to her regular night work position.
Pregnant women and 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.
The measures referred to in this article may include transfer to daywork
where this is possible, the provision of social security benefits or an extension
of maternity leave.
The provisions of this article shall not have the effect of reducing the protection and
benefits connected with maternity leave under existing laws.

6. Medical, Dental and Occupational Safety

a. Coverage
Coverage – this Rule shall apply to all employers, whether operating for profit or not, including the
Government and any of its political subdivisions and government-owned or controlled corporations,
which employs in any workplace one or more workers.
The development and enforcement of dental standards shall continue to be under the
responsibility of the Bureau of Dental Health Services of the Department of Health (Section 1, Book
IV, Rule I, Omnibus Rules)
b. First Aid Treatment
First-Aid Treatment – Every employer shall keep in his establishment such first-aid medicines and
equipments as the nature and conditions of work may require, in accordance with such regulations as
the Department of Labor and Employment shall prescribe.
The employer shall take steps for the training of a sufficient number of employees in first-aid
treatment (Article 162, Labor Code)
c. Emergency Medical and Dental Services
i. When Required
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. The services of a full-time registered
nurse when the number of employees exceeds fifty (50) but not more than two hundred (200)
except when the employer does not maintain hazardous workplaces, in which case, the services of
a graduate first-aider shall be provided for the protection of workers, where no registered nurse is
available. The Secretary of Labor and Employment shall provide by appropriate regulations, the
services that shall be required where the number of employees does not exceed fifty (50) and shall
determine by appropriate order, hazardous workplaces for purposes of this Article; b. The services
of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic, when
the number of employees exceeds two hundred (200) but not more than three hundred (300); and
c. The services of a full-time physician, 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 one hundred (100)
employees when the number of employees exceeds three hundred (300). 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 two (2) hours, in the case of those engaged on part-
time basis, and not less than eight (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
retainer basis, subject to such regulations as the Secretary of Labor and Employment may
prescribe to insure immediate availability of medical and dental treatment and attendance in case
of emergency (Article 163, Labor Code)
  Escasinas v. Shangri-la’s Mactan Island Resort
SUMMARY: Escasinas and Rigor are registered nurses working in the clinic in Shangri-la Mactan. They filed a complaint for
regularization, etc., arguing that under Art. 157 of the Labor Code, Shangri-la is required to hire a full-time registered nurse, apart from a
physician, hence, their engagement should be deemed as regular employment. The Court held that Art. 157 does not require the
engagement of full-time nurses as regular employees of company employing not less than 50 workers and that there is no EE-ER
relationship between petitioners and Shangri-la.
DOCTRINE: Interpretation of Art. 157- The phrase “services of a full-time registered nurse” should thus be taken to refer to the kind
of services that the nurse will render in the company’s premises and to its employees, not the manner of his engagement

ii. When 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 (Article 164, Labor Code)
d. Employer Assistance
It shall be the duty of any employer to provide all the necessary assistance to ensure the adequate
and immediate medical and dental attendance and treatment to an injured or sick employee in case
of emergency (Article 167, Labor Code)
e. Occupational Safety and Health Standards, Training of Supervisors/Tech
Every employer shall take steps to train a sufficient number of his supervisors or technicalpersonnel
in occupational safety and health. An employer may observe the following guidelines in the training
of his personnel:
i. When Required
(a) In every non-hazardous establishment or workplace having from fifty (50) to four hundred
(400) workers each shift, at least one of the supervisors or technical personnel shall be
trained in occupational health and safety and shall be assigned as part-time safety man.
Such safety man shall be the secretary of the safety committee
(b) In every hazardous establishment or workplace having over two hundred (200) workers
each shift, at least two of its supervisors or technical personnel shall be appointed full-
time safety man and secretary of the safety committee therein (Section 5(a)(d), Book IV,
Rule II, Omnibus Rules)
ii. When Not Required
The employment of a full-time safety man not required where the employer enters into a
written contract with a qualified consulting organization which shall develop and carry out his
safety and health activities; Provided, That the consultant shall conduct plant visits at least four
(4) hours a week and is subject to call anytime to conduct accident investigations and is
available during scheduled inspections or surveys by the Secretary of Labor and Employment or
his authorized representatives (Section 5(e), Book IV, Rule II, Omnibus Rules)
f. Enforcement/ DOLE Obligations
Art. 162. 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.
Art. 163. Research. It shall be the responsibility of the Department of Labor and Employment to
conduct continuing studies and research to develop innovative methods, techniques and approaches
for dealing with occupational safety and health problems; to discover latent diseases by establishing
causal connections between diseases and work in environmental conditions; and 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.
Art. 164. Training Programs. The Department of Labor and Employment shall develop and
implement training programs to increase the number and competence of personnel in the field of
occupational safety and industrial health.
Art. 165. Administration of Safety and Health Laws.
a. The Department of Labor and Employment 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 for the purpose as
determined by the Department of Labor and Employment and subject to national standards
established by the latter.
b. The Secretary of Labor and Employment 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. The fee so
collected shall be deposited in the national treasury to the credit of the occupational safety
and health fund and shall be expended exclusively for the administration and enforcement of
safety and other labor laws administered by the Department of Labor and Employment.