LABOR LAW AND SOCIAL LEGISLATION

ANSWER TO SYLLABUS 2022 Civil Code

Art. 10. Incase of doubt in the interpretation or application
I. GENERAL PRINCIPLES of laws, it is presumed that the lawmaking body intended
right and justice to prevail.
A. Basic policy on labor
Art. 3. Declaration of basic policy Art. 20. Every person who, contrary to law, willfully or
The State shall afford protection to labor, promote full negligently causes damage to another, shall indemnify the
employment, ensure equal work opportunities regardless of latter for the same.
sex, race or creed and regulate the relations between
workers and employers. The state shall ensure the rights of Labor Code
workers to self-organization collective bargaining, security Art. 4. All doubts in the implementation and interpretation
of tenure and just and humane conditions of work. of the provisions of this code, including its implementing
rules and regulations, shall be resolved in favor of labor.
B. Construction in favor of labor
Art. 4. All doubts in the implementation and interpretation General rule: Proof of employment relationship is of first
of the provisions of this code, including its implementing importance since employer-employee relationship is the
rules and regulations shall be resolved in favor of labor. jurisdictional foundation for a compensation claim

C. Burden of proof and quantum evidence in labor cases II. RECRUITMENT AND PLACEMENT
He who makes an affirmative allegation has the burden of A. Art. 13. (b) Recruitment and placement refers to any act of
proof. canvassing, enlisting, contracting, transporting, utilizing, hiring or
procuring workers and includes referral, contracts services,
The quantum of proof necessary is substantial evidence, or promising or advertising for employment, locally or abroad,
such amount of relevant evidence which a reasonable mind whether for profit or not; Provided, That any person or entity which
might accept as adequate to justify a conclusion.The burden in any manner, offers promises to a fee employment to two or more
of proof rests upon the party who asserts the affirmative of persons shall be deemed engaged in recruitment and placement.
an issue on the premise of:
1. Illegal recruitment and other prohibited activities:
(l) the selection and engagement of the employee Those that are undertaken by non-licensees or non-holders
(2) the payment of wages of authority shall be deemed illegal and punishable under
(3) the power of dismissal; and (4) the power of control this code. Including Art. 34 and 39.

D. Legal basis under the 1987 a. Elements

Constitution - Non-licensees or Non-holder of
Art. 13 Sec 3. The state shall afford full protection in labor, authority, Art. 38
local and overseas, organized and unorganized and promote - Licensed recruiter may be charged
full employment and equality of employment opportunities illegal recruitment only when it
to all…They shall be entitled to security of tenure, humane commits any of the wrongful acts
conditions of work and a living wage. enumerated in Sec. 6 of RA 10022
 principal is chargeable with and bound by the
knowledge of or notice to his agent received while the
b. Types of illegal recruitment agent was acting as such. Notice to the agent is notice
- Illegal recruitment is committed by a to the principal.
syndicate, if it is carried out by a group
of three or more persons conspiring and 3. Entities prohibited from recruiting
confederating with one another Art. 26. Travel agencies prohibited to recruit. Travel
- Illegal recruitment is committed in large agencies and sales agencies of airline companies are
scale, if it is committed against three or prohibited from engaging in the business
more persons individually or as a group. recruitment and placement of workers for overseas
c. Illegal recruitment v. estafa employment whether for profit or not.
In RPC provision on estafa provided the following
elements: POEA also disqualifies person with derogatory
- That the accused defrauded another by records such as those convicted for illegal
abuse of confidence of by use of deceit recruitment or other crimes involving moral
- That damage or prejudice capable of turpitude. (POEA Rule 1 Sec. 2)
pecuniary estimation is caused to the
offended party or the third person. The same prohibition extends to any official or
The offended party must have relied on employer of DOLE, POEA, OWWA, DFA and other
the false pretense, fraudulent act or government agencies directly involved in the
fraudulent means of the accused and as implementation of RA no 8042 or any other
a result thereof, the offended party relatives within the fourth civil degree.
suffered damages. 4. Cancellation of license or authority
Art. 35 Suspension and/or cancellation of license or
2. Liability of local recruitment agency and foreign employer authority. The minister of labor shall have the power to
a. Solidary liability suspend or cancel any license or authority to recruit
An employee of a company or corporation engaged in employees for overseas employment for violation of rules
illegal recruitment may be liable as principal, together and regulations issued by Ministry of Labor, the Overseas
with his employer, if it is shown that he actively and Employment Development Board and the National seamen
consciously participated in illegal recruitment. board or for violation of the provisions of this and other
applicable laws, General Orders and Letters of Instructions.
In case of a final and executory judgment against a
foreign employer/principal, it shall be automatically The DOLE secretary and the POEA administrator have
disqualified without further proceedings from concurrent jurisdiction to suspend or cancel a license.
participating in the PEOE employment program and
from recruiting and hiring Filipino workers until or 5. Termination of contract of migrant worker without just or
unless fully satisfies the judgment award. valid cause
Sec. 5 – in pursuit of public interest of public welfare so
b. Theory of imputed knowledge - the theory of imputed requires (RA10022)
knowledge is a doctrine in agency stating that the
 6. Ban on direct hiring exceptions 1. Employer-employee relationship - an employer-employee
Art 18. No employer may hire a Filipino worker for overseas relationship exists where the person for whom the services
employment except through the Boards and entities are performed reserves the right to control not only the end
authorized by the Department of Labor and employment. achieved, but also the manner and means to be used in
Direct hiring by members of the diplomatic corps, reaching that end
international organizations and such other employers as
may be allowed by the Department of Labor and (SSS Law RA 1161)
Employment is exempted from this provision. Employer – any person, natural or juridical, domestic or
foreign, who carries on in the Philippines any trade,
Direct hiring of Filipino workers by a foreign employer is not business, industry, undertaking or activity of any kind and
allowed except direct hiring by members of the diplomatic uses the services of another person who is under his order
corps and others mentioned in Art. 18. as regards the employment

Also excepted are “name hirees” or those individual It is the one who employs the service of others; one for
workers who are able to secure contracts for overseas whom employees work and who pays their wages.
employment on their own efforts and representation
without the assistance or participation of any agency. Employee – any person who performs services for an
employer in which either or both mental and physical
B. Employment of non-resident aliens efforts are used and who receives compensation for such
services, where there is an employer-employee relationship,
Art. 40. Any alien seeking admission to the Philippines for
employment purposes and any domestic or foreign employer who It is the one who engaged in the service of another; who
desire to engage an alien for employment in the Philippines shall performs services for another; who works for salary or
obtain an employment permit from the Department of Labor. wage.

The employment permit may be issued to a non-resident alien or to 2. Test to determine existence of employer-employee
the applicant employer after a determination of the non-availability relationship
of a person in the Philippines who is competent, able and willing at
the time of application to perform the services of which the alien is 4 fold test
desired.
a) The selection and engagement of the employee
The Anti-Dummy Law prohibits employment of aliens in entities that b) The payment of wages
own or control a right, franchise, privilege, property or business c) The power of dismissal
whose exercise or enjoyment is reserved by law only to Filipinos or d) The employer’s power to control the employee with
to corporations or associations whose capital should be at least 60% respect to the means and methods by which the work is
Filipino owned. to be accomplished.

2 tiered test
III. LABOR STANDARDS
 1) The putative employer’s power to control the employee a. Art. 83. The normal hours of work of any employee shall
with respect to the means and methods by which the not exceed eight (8) hours a day.
work is to be accomplished
2) The underlying economic realities of the activity or Health personnel in cities and municipalities with a
relationship population of at least one million or hospitals and clinics
with a bed capacity of at least 100 shall hold regular office
3. Employees vs. independent contractor hours for eight hours a day or 5 days a week, w=exclusive of
time for meals, except where exigencies of the service
Employee - It is the one who engaged in the service of require such personnel work for 6 days or 48 hours, in
another; who performs services for another; who works for which the case shall be entitled to an additional
salary or wage. compensation of at least thirty percent (30%) of their
regular wage work on the 6th day. For the purpose of this
Independent contractor - Jurisprudence has recognized article, “health personnel” shall include resident physicians,
another kind of independent contractor: individuals with nurses, nutritionists, dieticians, pharmacists, social workers,
unique skills and talents that set them apart from ordinary laboratory technicians, paramedical technicians,
employees. There is no trilateral relationship in this case psychologists, midwives, attendants and all other hospital of
because the independent contractor himself or herself clinic personnel.
performs the work for the principal.
Art. 84 Hours worked.
Article 107, Labor Code) Independent contractor. An Hours worked shall include
independent contractor is an individual (not an entity) who a) All time during which an employee is required to be
offers his/her talent or expertise in the form of services for on duty or to be at a prescribed workplace, and
and in consideration of professional fee, without entering b) All time during which an employee suffered or
into an employment contract with the one hiring, who is not permitted to work.
an employer.
b. Art. 85. Meal time/periods
A. Conditions of employment Subject to such regulations as the Secretary of Labor
1. Covered employees/workers may prescribe, it shall be the duty of every employer to
Art. 82. The provisions of this title shall apply to employees give his employees not less than sixty (60) minutes time-
in all establishments and undertakings whether for profit or off for their regular meals.
not but not to government employees, managerial
employees, field personnel, members of the family of the Mealtime is not compensable except in cases where the
employer who are dependent on him for support, domestic lunch period or meal time is predominantly spent for
helpers, persons in the personal service of another and the employer’s benefit of where it is less than 60
workers who are paid by results as determined by the minutes.
Secretary of Labor in appropriate regulations.
c. Art. 86 Night Shift Differential
2. Hours of work Every employee shall be paid a night shift differential of
not less than ten percent (10%) of his regular wage for
 each hour or work performed between ten o’clock in When an employee is made or permitted to work on his
the evening and six o’clock in the morning. scheduled rest day, he shall be paid an additional
compensation of at least 30% of his regular wage. When
d. Art. 87. Overtime Pay Sunday only, if it was established as his rest day.
Work may be performed beyond eight (8) hours a day
provided that the employee is paid for the overtime 4. Holiday. It has reference to a day set apart for worship,
work an additional compensation equivalent to regular reverence to the memory of a great leader and benefactor,
wage plus at least 25% thereof. Work performed to rejoice over some great national or historical event or
beyond 8 hours on a holiday or rest day shall be paid an rekindle the flames of an ideal.
additional compensation equivalent to the rate for the
first 8 hours on a holiday or rest day plus at least 30% Art. 93c. Special non-working holiday.
thereof. Work performed on a special holiday shall be paid an
additional compensation of at least 30% of the regular wage
Overtime pay is defined as additional compensation for of the employee.
service or work rendered or performed in excess of 8
hours a day by employees or laborers in employment Where such holiday work falls on the employee’s scheduled
covered by 8-hour labor law. rest day, he shall be entitled to an additional compensation
of at least 50% of his regular wage.
e. Compressed work week. Under this scheme, the
number of work days is reduced but the number of
work hours in a day increased to more than 8 hours but
no overtime pay be claimed Art 94 Right to Holiday Pay. (Regular holiday or Legal
holiday) It is a one day pay given to an employee even if he
It is an alternative arrangement whereby the normal does not work on a regular holiday.
workweek is reduced to less than 6 days but the total A daily paid or monthly paid employee, even he does not
number of hours per week shall remain 48/44/40 hours. work on a regular holiday gets 100% of his usual pay, if he
does work on that day he gets 200%
f. Flexible work arrangements refer to alternative
arrangements or schedules other that the traditional or 5. RA 11360 Service Charges
standard work hours, workdays or workweek that the This Rule shall apply to all establishments collecting
employers may adopt in time of economic difficulties service charges such as hotels, restaurants, and other
and national emergencies. similar establishments including those entities
operating primarily as private subsidiaries of the
3. Art. 91. Right to Weekly Rest Day Government.
Rest Periods is not less than 24 consecutive hours after
every 6 consecutive normal work days. The employer shall Other similar establishments refer to those entities
respect the preference of employees as to their weekly rest that collect service charge for work or service
day when preference is based on religious grounds. rendered, such as, but not limited to, lodging houses,
night clubs, cocktail lounges, massage clinics, bars,
Art. 93 Compensation for rest day, Sunday or holiday.
 casinos and gambling houses, and sports clubs. piece or commission basis or other method of
calculating the same, which is payable by an employer
All service charges actually collected by to an employee under a written or unwritten contract of
employment for work done or to be done, or for
covered establishments shall be distributed
services rendered or to be rendered and include the fair
completely and equally, based on actual
and reasonable value as determined by the Secretary of
hours or days of work or service rendered, Labor, of board, lodging or other facilities customary
among the covered employees, including furnished by the employer to the employee. Fair and
those already receiving the benefit of reasonable value shall not include any profit to the
sharing in the service charges. employer or to any person affiliated with the employer.

Wages indicates inconsiderable pay for a lower and less

Art. 96 Service Charges responsible character of employment.
All service charges collected by hotels,
restaurants and similar establishments shall be Salary is suggestive of a larger and more permanent or fixed
distributed at the rate of 85% for all covered compensation for more important service.
employees and 15 for management. The share
A fair day’s wage for a fair day’s labor. If there is no work
of the employees shall be equally distributed
performed by the employee there cn be no wage or pay,
among them. In case the service charge is
unless the laborer was able, willing and ready to work but
abolished, the share of the covered employees was prevented by the management or was illegally locked
shall be considered integrated in their wages. out, suspended or dismissed.

6. PD No. 851 13th month pay Law Equal pay for equal work. If an employee are performing
It is a form of monetary benefit equivalent to the monthly similar functions and responsibilities under similar working
basic compensation received by an employee, computed conditions, should be paid equally.
pro-rata according to the number of months within a year
that the employee has rendered service to the employer. 2. Prohibition regarding wages.
1. No employee shall interfere with the employees
14th month pay is not legally demandable since it is basically freedom to dispose of his wages.
a bonus and therefore, gratuitous in nature. The granting of 2. No employer shall force, compel or oblige
a 14th month pay is a management prerogative which employees to purchase merchandise, commodities
cannot be forced upon by the employer. of other property from the employer or any person,
or otherwise make use of any store or services of
B. Art. 97. such employer or any other person.
1. Payment of wages. Wage is paid to any employee which 3. No employer shall make deductions from the
means the remuneration or earnings, however employees wages except authorized to do so.
designated, capable of being expressed in terms of 4. No employer shall deduct for actual amount of the
money, whether fixed or ascertained on a time, task, loss or damage unless the employee has heard
about his responsibility.
 5. No employee shall withhold wages unless deduct from the wages not more that 70% of the value
authorized of the meals and snacks enjoyed by the employees,
6. No employee shall be forced to give part of his provided that such deductions are authorized in writing
wages by force, stealth or intimidation. by the employees.
7. Deduction as promised of retention
8. Reducing wages of employee who has filed 4. Minimum Wage.
complaint against the employer within this title Art. 99. Regional minimum wages. The minimum wage
9. No employer shall make false reports rates for agricultural and non-agricultural employees
and workers in each and every region of the country
shall be those prescribed by Regional Tripartite Wages
Non-Diminution of benefits and Productivity Boards.
- The practice is consistent
- It is done unilaterally Statutory minimum wage is the lowest wage rate fixed
- Practice over a long period by law that an employer can pay his workers.
- Practice not due to error
Generally, employees have a vested right over existing 5. Wage distortion. Art 124 p7, shall mean a situation
benefits voluntarily granted to them by the employer. where an increase in prescribed wage rates results in
the elimination or severe contraction of intentional
Exception: quantitative differences in wage or salary rates between
Art. 98. Application Title and among employee groups in an establishment as to
This title shall not apply to farm, tenancy or leasehold, effectively obliterate the distinctions embodied in such
domestic service and persons working in their wage structure based on skills, length of service or other
respective homes in needle-work or in any cottage logical bases of differentiation.
industry duly registered in accordance with law. It is the effect of increasing the pay of an employee to
such an amount that equals or overtakes another
3. Facilities vs Supplements employee’s pay which has not been similarly increased.

Facilities shall include articles or services for the benefit If gaps or distances between salary grades are not
of the employee or his family but shall not include tools maintained then there is distortion.
of the trade or articles or services primarily for the
benefit of the employer or necessary to the conduct of 6. Art. 100 Prohibition against or Non-diminution of
the employer’s business. They are wage deductible. benefits

Supplements (benefits) constitute extra remuneration So that the rule against diminution of supplements or
or special privilege or benefits given to or received by benefits may apply, it must be shown that:
the laborers over and above their ordinary earnings or
wages. They are not wage deductible. 1. The grant of the benefit is founded on a policy or
has ripened into a practice over a long period
The implementing rules (book III, rule VII sec 4) states 2. The practice is consistent and deliberate
that as regards meals and snacks, the employer may
 3. The practice is not due to error in the construction Maternity leave shall be granted to female workers in every
or application of a doubtful or difficult question of instance of pregnancy, miscarriage or emergency
law termination of pregnancy, regardless of
4. The diminution or discontinuance is done frequency: Provided, That for cases of miscarriage or
unilaterally by the employer. emergency termination of pregnancy, sixty (60) days
maternity leave with full pay shall be granted.
C. LEAVES
1. Service incentive leave Art 95
a. Every employee has rendered at least one year of (a) A female Social Security System (SSS) member who has
service shall be entitled to a years service incentive paid at least three (3) monthly contributions in the twelve
leave of 5 days with pay (12)-month period immediately preceding the semester of
b. The provision shall not apply to those who are already her childbirth, miscarriage, or emergency termination of
enjoying the benefit herein provided pregnancy shall be paid her daily maternity benefit which
c. The grant of benefit in excess of that provided herein shall be computed based on her average monthly salary
shall not be made a subject to arbitration or any court credit for one hundred five (105) days, regardless of
or administrative action. whether she gave birth via caesarian section or natural
delivery, subject to the following conditions:
Meaning of one year service means within 12 months
whether continuous or broken, reckoned from the (1) That the female worker shall have notified her employer
employee started working. of her pregnancy and the probable date of her childbirth,
which notice shall be transmitted to the SSS in accordance
The service incentive leave shall be commutable to its with the rules and regulations it may provide;
money equivalent if not used or exhausted at the end of
the year. (2) That the full payment shall be advanced by the employer
2. Extended maternity leave within thirty (30) days from the filing of the maternity leave
Section 3. Grant of Maternity Leave.— All covered female application;
workers in government and the private sector, including
those in the informal economy, regardless of civil status or (3) That payment of daily maternity benefits shall be a bar
the legitimacy of her child, shall be granted one hundred to the recovery of sickness benefits provided under Republic
five (105) days maternity leave with full pay and an option Act No. 1161, as amended, for the same period for which
to extend for an additional thirty (30) days without daily maternity benefits have been received;
pay: Provided, That in case the worker qualifies as a solo
parent under Republic Act No. 8972, or the "Solo Parents’ (4) That the SSS shall immediately reimburse the employer
Welfare Act", the worker shall be granted an additional of one hundred percent (100%) of the amount of maternity
fifteen (15) days maternity leave with full pay. benefits advanced to the female worker by the employer
Enjoyment of maternity leave cannot be deferred but upon receipt of satisfactory and legal proof of such
should be availed of either before or after the actual period payment; and
of delivery in a continuous and uninterruptedmanner, not
exceeding one hundred five (105) days, as the case may be.
 (5) That if a female worker should give birth or suffer a (1) A woman who gives birth as a result of rape and
miscarriage or emergency termination of pregnancy without other crimes against chastity even without a final conviction
the required contributions having been remitted for her by of the offender: Provided, That the mother keeps and raises
her employer to the SSS, or without the latter having been the child;
previously notified by the employer of the time of the
pregnancy, the employer shall pay to the SSS damages (2) Parent left solo or alone with the responsibility
equivalent to the benefits which said female member would of parenthood due to death of spouse;
otherwise have been entitled to.
(3) Parent left solo or alone with the responsibility
In case the employee qualifies as a solo parent under of parenthood while the spouse is detained or is serving
Republic Act No. 8972, or the "Solo Parents’ Welfare Act", sentence for a criminal conviction for at least one (1) year;
the employee shall be paid an additional maternity benefit
of fifteen (15) days. (4) Parent left solo or alone with the responsibility
of parenthood due to physical and/or mental incapacity of
(b) An additional maternity leave of thirty (30) days, without spouse as certified by a public medical practitioner;
pay, can be availed of, at the option of the female
worker: Provided, That the employer shall be given due (5) Parent left solo or alone with the responsibility
notice, in writing, at least forty-five (45) days before the end of parenthood due to legal separation or de
of her maternity leave: Provided, further, That no prior facto  separation from spouse for at least one (1) year, as
notice shall be necessary in the event of a medical long as he/she is entrusted with the custody of the children;
emergency but subsequent notice shall be given to the head
of the agency. (6) Parent left solo or alone with the responsibility
of parenthood due to declaration of nullity or annulment of
marriage as decreed by a court or by a church as long as
3. Paternity leave is granted seven days with full pay to all he/she is entrusted with the custody of the children;
married male employees in the private and public sectors.
Paternity leave is available only for the first four deliveries (7) Parent left solo or alone with the responsibility
of the legitimate spouse with whom the husband is living. of parenthood due to abandonment of spouse for at least
Delivery includes child birth, miscarriage or abortion. The one (1) year;
purpose of paternity leave is to enable the husband to lend
support to his wife during the period of recovery and/or in (8) Unmarried mother/father who has preferred to
the nursing of the newly born child. keep and rear her/his child/children instead of having
others care for them or give them up to a welfare
4. Parental leave for solo parents institution;

(a) "Solo parent" - any individual who falls under any of the (9) Any other person who solely provides parental
following categories: care and support to a child or children;
 (10) Any family member who assumes the women, especially marginalized women, in the economic,
responsibility of head of family as a result of the death, social, political, cultural, and other fields without distinction
abandonment, disappearance or prolonged absence of the or discrimination on account of class, age, sex, gender,
parents or solo parent. language, ethnicity, religion, ideology, disability, education,
and status.
A change in the status or circumstance of the parent
claiming benefits under this Act, such that he/she is no longer left
alone with the responsibility of parenthood, shall terminate his/her (e) "Substantive Equality" refers to the full and equal enjoyment of rights
eligibility for these benefits. and freedoms contemplated under this Act. It encompasses de jure and de
facto equality and also equality in outcomes.
(b) "Children" - refer to those living with and dependent
upon the solo parent for support who are unmarried, unemployed (f) "Gender Equality" refers to the principle asserting the equality of men
and not more than eighteen (18) years of age, or even over eighteen and women and their right to enjoy equal conditions realizing their full
(18) years but are incapable of self-support because of mental human potentials to contribute to and benefit from the results of
and/or physical defect/disability. development, and with the State recognizing that all human beings are free
and equal in dignity and rights.
(c) "Parental responsibility" - with respect to their minor
children shall refer to the rights and duties of the parents as defined (g) "Gender Equity" refers to the policies, instruments, programs, services,
in Article 220 of Executive Order No. 209, as amended, otherwise and actions that address the disadvantaged position of women in society by
known as the "Family Code of the Philippines." providing preferential treatment and affirmative action. Such temporary
special measures aimed at accelerating de facto equality between men and
(d) "Parental leave" - shall mean leave benefits granted to a women shall not be considered discriminatory but shall in no way entail as a
solo parent to enable him/her to perform parental duties and consequence the maintenance of unequal or separate standards. These
responsibilities where physical presence is required. measures shall be discontinued when the objectives of equality of
opportunity and treatment have been achieved.
(e) "Flexible work schedule" - is the right granted to a solo
parent employee to vary his/her arrival and departure time without (h) "Gender and Development (GAD)" refers to the development
affecting the core work hours as defined by the employer. perspective and process that are participatory and empowering, equitable,
sustainable, free from violence, respectful of human rights, supportive of
self-determination and actualization of human potentials. It seeks to achieve
5. Leave benefits for women under RA No. 9710 Magna Carta gender equality as a fundamental value that should be reflected in
for women development choices; seeks to transform society's social, economic, and
Convention on the Elimination of All Forms of political structures and questions the validity of the gender roles they
Discrimination Against Women (CEDAW)  ascribed to women and men; contends that women are active agents of
development and not just passive recipients of development assistance; and
The State affirms women's rights as human rights and shall stresses the need of women to organize themselves and participate in
intensify its efforts to fulfill its duties under international political processes to strengthen their legal rights.
and domestic law to recognize, respect, protect, fulfill, and
promote all human rights and fundamental freedoms of
(i) "Gender Mainstreaming" refers to the strategy for making women's as full pay based on her gross monthly compensation following surgery
well as men's concerns and experiences an integral dimension of the design, caused by gynecological disorders.
implementation, monitoring, and evaluation of policies and programs in all
political, economic, and societal spheres so that women and men benefit RA No. 9262
equally and inequality is not perpetuated. It is the process of assessing the
implications for women and men of any planned action, including Violence against women and their children" refers to any act or a series of
legislation, policies, or programs in all areas and at all levels. acts committed by any person against a woman who is his wife, former wife,
or against a woman with whom the person has or had a sexual or dating
(j) "Temporary Special Measures" refers to a variety of legislative, executive, relationship, or with whom he has a common child, or against her child
administrative, and regulatory instruments, policies, and practices aimed at whether legitimate or illegitimate, within or without the family abode,
accelerating this de facto equality of women in specific areas. These which result in or is likely to result in physical, sexual, psychological harm or
measures shall not be considered discriminatory but shall in no way entail as suffering, or economic abuse including threats of such acts, battery, assault,
a consequence the maintenance of unequal or separate standards. They coercion, harassment or arbitrary deprivation of liberty. It includes, but is
shall be discontinued when their objectives have been achieved. not limited to, the following acts:

(k) "Violence Against Women" refers to any act of gender-based violence A. "Physical Violence" refers to acts that include bodily or physical
that results in, or is likely to result in, physical, sexual, or psychological harm harm;
or suffering to women, including threats of such acts, coercion, or arbitrary
deprivation of liberty, whether occurring in public or in private life. It shall B. "Sexual violence" refers to an act which is sexual in nature,
be understood to encompass, but not limited to, the following: committed against a woman or her child. It includes, but is not
limited to:
(1) Physical, sexual, psychological, and economic violence occurring
in the family, including battering, sexual abuse of female children in a) rape, sexual harassment, acts of lasciviousness, treating a
the household, dowry-related violence, marital rape, and other woman or her child as a sex object, making demeaning and
traditional practices harmful to women, non-spousal violence, and sexually suggestive remarks, physically attacking the sexual
violence related to exploitation; parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or
(2) Physical, sexual, and psychological violence occurring within the her child to do indecent acts and/or make films thereof,
general community, including rape, sexual abuse, sexual forcing the wife and mistress/lover to live in the conjugal
harassment, and intimidation at work, in educational institutions home or sleep together in the same room with the abuser;
and elsewhere, trafficking in women, and prostitution; and
b) acts causing or attempting to cause the victim to engage
(3) Physical, sexual, and psychological violence perpetrated or in any sexual activity by force, threat of force, physical or
condoned by the State, wherever it occurs. other harm or threat of physical or other harm or coercion;

Section 18. Special Leave Benefits for Women. - A woman c) Prostituting the woman or child.
employee having rendered continuous aggregate employment
service of at least six (6) months for the last twelve (12) months C. "Psychological violence" refers to acts or omissions causing or
shall be entitled to a special leave benefit of two (2) months with likely to cause mental or emotional suffering of the victim such as
 but not limited to intimidation, harassment, stalking, damage to (e) "Dating relationship" refers to a situation wherein the parties live as
property, public ridicule or humiliation, repeated verbal abuse and husband and wife without the benefit of marriage or are romantically
mental infidelity. It includes causing or allowing the victim to involved over time and on a continuing basis during the course of the
witness the physical, sexual or psychological abuse of a member of relationship. A casual acquaintance or ordinary socialization between two
the family to which the victim belongs, or to witness pornography in individuals in a business or social context is not a dating relationship.
any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of (f) "Sexual relations" refers to a single sexual act which may or may not
common children. result in the bearing of a common child.

D. "Economic abuse" refers to acts that make or attempt to make a (g) "Safe place or shelter" refers to any home or institution maintained or
woman financially dependent which includes, but is not limited to managed by the Department of Social Welfare and Development (DSWD) or
the following: by any other agency or voluntary organization accredited by the DSWD for
the purposes of this Act or any other suitable place the resident of which is
1. withdrawal of financial support or preventing the victim willing temporarily to receive the victim.
from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other (h) "Children" refers to those below eighteen (18) years of age or older but
spouse/partner objects on valid, serious and moral grounds are incapable of taking care of themselves as defined under Republic Act
as defined in Article 73 of the Family Code; No. 7610. As used in this Act, it includes the biological children of the victim
and other children under her care.
2. deprivation or threat of deprivation of financial resources
and the right to the use and enjoyment of the conjugal,
community or property owned in common; D. Special group of employees
1. Women
3. destroying household property; a. Discrimination
Art 133 Discrimination prohibited
4. controlling the victims' own money or properties or solely It shall be unlawful for any employer to discriminate
controlling the conjugal money or properties. against any woman employee with respect to terms and
conditions of employment solely on account of her sex
(b) "Battery" refers to an act of inflicting physical harm upon the woman or
her child resulting to the physical and psychological or emotional distress. Payment of a lesser compensation
Favoring a male employee
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of
psychological and behavioral symptoms found in women living in battering b. Stipulation against marriage
relationships as a result of cumulative abuse. Art 134. It shall be unlawful for an employer to require
as a condition of employment or continuation of
(d) "Stalking" refers to an intentional act committed by a person who, employment that a woman employee shall not get
knowingly and without lawful justification follows the woman or her child or married, or to stipulate expressly or tacitly that upon
places the woman or her child under surveillance directly or indirectly or a getting married, a woman employee shall be deemed
combination thereof. resigned or separated, or to actually dismiss, discharge,
 discriminate or otherwise prejudice a woman employee b) Whose participation in public entertainment or
merely by reason of her marriage. information is essential.

c. Art 135 Prohibited acts b. Allowed working hours and industries of a working child
It shall be unlawful for any employer: "(1) A child below fifteen (15) years of age may be
1. Deny a woman employee the benefits provided for allowed to work for not more than twenty (20) hours a
in this chapter or to discharge any woman week: Provided, That the work shall not be more than
employed by him for the purpose of preventing her four (4) hours at any given day;
from enjoying any of the benefits provided in this "(2) A child fifteen (15) years of age but below eighteen
code. (18) shall not be allowed to work for more than eight (8)
2. To discharge such woman on account of her hours a day, and in no case beyond forty (40) hours a
pregnancy, or while on leave or in confinement due week;
to pregnancy. "(3) No child below fifteen (15) years of age shall be
3. To discharge or refuse the admission of such allowed to work between eight o'clock in the evening
woman upon returning to her work for fear that she and six o'clock in the morning of the following day and
may again be pregnant no child fifteen (15) years of age but below eighteen
(18) shall be allowed to work between ten o'clock in the
evening and six o'clock in the morning of the following
2. RA 7610 as amended by RA 9231 day."
Section 1. Section 2 of Republic Act No. 7610, as amended,
otherwise known as the "Special Protection of Children c. Prohibited acts
Against Child Abuse, Exploitation and Discrimination Act", "Sec. 12-D. Prohibition Against Worst Forms of Child
Labor. - No child shall be engaged in the worst forms of
a. Child labor vs. working child child labor. The phrase "worst forms of child labor" shall
refer to any of the following:
Child labor is any work or economic activity performed "(1) All forms of slavery, as defined under the "Anti-
by a child that subjects him/her to any form of trafficking in Persons Act of 2003", or practices similar
exploitation or is harmful to his/her health and safety or to slavery such as sale and trafficking of children, debt
physical, mental or psychological development. bondage and serfdom and forced or compulsory labor,
including recruitment of children for use in armed
Working child conflict; or
A child who is below 18 years of age and is engaged in a "(2) The use, procuring, offering or exposing of a child
work or economic activity that does not constitute child for prostitution, for the production of pornography or
labor for pornographic performances; or
"(3) The use, procuring or offering of a child for illegal or
A child below 15 years of age: illicit activities, including the production and trafficking
a) Who engaged in a work where he/she is directly of dangerous drugs and volatile substances prohibited
under the responsibility of his parents or legal under existing laws; or
guardian and where only members of the child’s "(4) Work which, by its nature or the circumstances in
family are employed which it is carried out, is hazardous or likely to be
 harmful to the health, safety or morals of children, such "(2) The use, procuring, offering or exposing of a child for
that it: prostitution, for the production of pornography or for pornographic
"a) Debases, degrades or demeans the intrinsic worth performances; or
and dignity of a child as a human being; or
"b) Exposes the child to physical, emotional or sexual "(3) The use, procuring or offering of a child for illegal or illicit
abuse, or is found to be highly stressful psychologically activities, including the production and trafficking of dangerous
or may prejudice morals; or drugs and volatile substances prohibited under existing laws; or
"c) Is performed underground, underwater or at
dangerous heights; or "(4) Work which, by its nature or the circumstances in which it is
"d) Involves the use of dangerous machinery, carried out, is hazardous or likely to be harmful to the health, safety
equipment and tools such as power-driven or explosive or morals of children, such that it:
power-actuated tools; or
"e) Exposes the child to physical danger such as, but not "a) Debases, degrades or demeans the intrinsic worth and
limited to the dangerous feats of balancing, physical dignity of a child as a human being; or
strength or contortion, or which requires the manual
transport of heavy loads; or "b) Exposes the child to physical, emotional or sexual abuse,
"f) Is performed in an unhealthy environment exposing or is found to be highly stressful psychologically or may
the child to hazardous working conditions, elements, prejudice morals; or
substances, co-agents or processes involving ionizing,
radiation, fire, flammable substances, noxious "c) Is performed underground, underwater or at dangerous
components and the like, or to extreme temperatures, heights; or
noise levels, or vibrations; or
"g) Is performed under particularly difficult conditions; "d) Involves the use of dangerous machinery, equipment
or and tools such as power-driven or explosive power-actuated
"h) Exposes the child to biological agents such as tools; or
bacteria, fungi, viruses, protozoans, nematodes and
other parasites; or "e) Exposes the child to physical danger such as, but not
"i) Involves the manufacture or handling of explosives limited to the dangerous feats of balancing, physical
and other pyrotechnic products." strength or contortion, or which requires the manual
transport of heavy loads; or
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. -
No child shall be engaged in the worst forms of child labor. The "f) Is performed in an unhealthy environment exposing the
phrase "worst forms of child labor" shall refer to any of the child to hazardous working conditions, elements,
following: substances, co-agents or processes involving ionizing,
radiation, fire, flammable substances, noxious components
"(1) All forms of slavery, as defined under the "Anti-trafficking in and the like, or to extreme temperatures, noise levels, or
Persons Act of 2003", or practices similar to slavery such as sale and vibrations; or
trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in armed "g) Is performed under particularly difficult conditions; or
conflict; or
 "h) Exposes the child to biological agents such as bacteria,
fungi, viruses, protozoans, nematodes and other parasites; Househelpers vs. Homeworkers
or Househelpers ministers to the personal needs and
comfort of his employer in the latter’s home whereas
"i) Involves the manufacture or handling of explosives and homeworkers perform in or about his home any processing
other pyrotechnic products." or fabrication of goods or materials, in whole or in part
which have been furnished directly or indirectly by an
3. Kasambahay (RA 10361) employer and thereafter sold or returned to the latter.
Domestic worker  or "Kasambahay" refers to any person
engaged in domestic work within an employment 5. Night workers Art. 154
relationship such as, but not limited to, the following: This shall apply to all persons, who shall be employed or
general househelp, nursemaid or "yaya", cook, gardener, or permitted or suffered to work at night. Any employed
laundry person, but shall exclude any person who performs person whose work covers the period from 10óclock in the
domestic work only occasionally or sporadically and not on evening to 6óclock in the following morning provided that
an occupational basis. the worker performs no less than 7 consecutive hours at
work.
The term shall not include children who are under foster
family arrangement, and are provided access to education 6. Art 78. Handicapped Workers/Persons with disabilities
and given an allowance incidental to education, i.e. "baon", Handicapped workers are those whose earning capacity is
transportation, school projects and school activities. impaired by age or physical or mental deficiency or injury.

Domestic or household w=service shall mean services in the A qualified disabled employee shall be subject to the terms
employer’s home which is usually necessary or desirable for and conditions of employment and the compensation,
the maintenance and enjoyment thereof and includes privileges, benefits, fringe benefits, incentives or allowances
ministering to the personal comfort and convenience of the as qualified able-bodied person.
members of the employer’s household, including services
and family drivers. A qualified individual with disability is defined by law as an
individual with disability who, with or without reasonable
Household refers to the immediate members of the family accommodation, can perform the essential functions of the
or the occupants of the house who are directly and regularly employment position that such individual holds or desires.
provided services by the kasambahay.
Sheltered employment refers to the provision of productive
No person below 15 years of age shall be employed as work for disabled persons through workshops providing
kasambahay. special facilities, income-producing projects or homework
schemes with a view to giving them the opportunity to earn
4. Homeworkers a living thus enabling them to acquire a working capacity
Is a system of production under which work for an employer required in open industry.
or contractor is carried by a homeworker at his home.
Materials may or may not be furnished by the employer or a. Discrimination
contractor.
 No entity whether public or private shall discriminate taxable income, equivalent to fifty percent (50%) of the
against a qualified disabled person by reason of direct costs of the improvements or modifications. This,
disability in regard to job application procedures, the however, does not apply to improvements or
hiring, promotion or discharge of employees, employee modifications of facilities required under Batas
compensation, job training, and other terms, conditions Pambansa Bilang 344, also known as  the .Accessibility
and privileges of employment. Law.
- Limiting, segregating or classifying a IV. SOCIAL WELFARE LEGISLATION
disabled job applicant A. SSS Law (RA 8282)
- Using qualification standards 1. Coverage and exclusion
- Using standards to effect discrimination - All
or perpetuate discrimination  Not over 60 years of age
- Providing less compensation  Domestic worker who rendered at
- Favoring a non-disabled employee least 1 month of service
- Re-assigning or transferring a disabled  Self-employed person/professionals
employee to a job or position he cannot  Partners and single proprietors
perform  Actors and actresses
- Failing to select or administer in the  Professional athletes
most effective manner  Individual farmers
- Excluding disabled persons from 2. Dependents and beneficiaries
membership in labor union - Legal spouse until remarries
- Legitimate child who is unmarried and
b. Incentives for employees has not reached 21 years of age or if 21
Section 8 of  RA 7277 provides that  private entities years is incapacitated
employing   persons with disabilities (PWDs) who meet - Parent who is receiving regular support
the required skills or qualifications, either as regular from the member
employee, apprentice or learner, shall be entitled to an - Other person designated by the
additional deduction  from their gross income, covered employee
equivalent to twenty-five percent (25%) of the total 3. Benefits
amount paid as salaries and wages to  persons with - Disability/Death benefit, member has
disabilities.  Provided, however,  that such entities paid 36 monthly contribution prior to
present a certification from the Department of Labor the semester of death or disability
and Employment that the PWDs are under their employ - Sickness benefit, the member must
and a certification from the Department of Health as to have paid at least 3 monthly
his disability.  The Regional Offices of DOLE all over the contribution in the 12 month period
country issue  the DOLE certification. immediately preceeding the semester
of sickness or injury.
The said law further provides that entities that - Maternity leave benefit, least 3 monthly
improved their physical facilities in order to provide contribution in the 12 month period
reasonable accommodation for  PWDs shall also be immediately preceeding the semester
entitled to an additional deduction from their net
 of her childbirth or miscarriage shall be The employment contract between the employer and
paid 100% of her average salary credit the seafarer shall commence upon actual departure of
- Retirement benefit – member paid 120 the seafarer from the Philippine airport or seaport in
monthly contributions, 60 yrs. if already the point of hire and with a POEA approved contract. It
separated from employment or 65 shall be effective until the seafarer’s date of arrival at
years the point of hire upon termination of his employment
- Funeral benefit – P12,000 in cash pursuant to Section 18 of this Contract.
B. GSIS Law (RA 8291)
1. Coverage and exclusion The period of employment shall be for a period
2. Dependents and beneficiaries mutually agreed upon by the seafarer and the employer
3. Benefits but not to exceed 12 months. Any extension of the
contract shall be subject to mutual consent of both
C. Limited Portability Law parties.
D. Disability and death benefits
1. Labor code In case of work-related death of the seafarer, during the
a) Temporary total disability if as a result of the injury term of his contract, the employer shall pay his
or sickness, the employee is unable to perform any beneficiaries the Philippine currency equivalent to the
gainful occupation for a continuous period not amount of Fifty Thousand US dollars (US$50,000) and
exceeding 120 days an additional amount of Seven Thousand US dollars
b) Permanent total disability means an incapacity to (US$7,000) to each child under the age of twenty one
perform any gainful occupation for a continuous (21) but not exceeding four (4) children, at the exchange
period exceeding 120 days or which is expected to rate prevailing during the time of payment.
be permanent. Where death is caused by warlike activity while sailing
c) A disability is partial and permanent if as a result of within a declared war zone or war risk area, the
the injury or sickness the employee suffers a compensation payable shall be doubled. The employer
permanent partial loss of the use of any part of his shall undertake appropriate war zone insurance
body. coverage for this purpose.
Disability and Death benefit
- Amount equivalent to his monthly No compensation and benefits shall be payable in
income benefit, plus ten percent respect of any injury, incapacity, disability or death of
thereof for each dependent child the seafarer resulting from his willful or criminal act or
- intentional breach of his duties, provided however, that
2. POEA – Standard Employment contract for seafarers the employer can prove that such injury, incapacity,
disability or death is directly attributable to the
Seafarer - refers to any person who is employed or seafarer.
engaged in overseas employment in any capacity
on board a ship other than a government ship used V. LABOR RELATIONS
for military or non-commercial purposes. A. Right to self organization. Art. 257
 1. Who may join, form or assist labor organization or
worker’s association.
Art 253. All persons employed in commercial, industrial
and agricultural enterprises and in religious, charitable,
medical or educational whether operating for profit or
not shall have the right to self organization and to form,
join or assist labor organizations of their own choosing
por purposes of collective bargaining.

2. Restriction as to managerial employees, supervisory

employees, confidential employees, employee-
members of cooperatives, alien employees and
government employees

3. Determination of appropriate bargaining unit (ABU)

effect of inclusion of employees outside the ABU.
4. Non-interference with workers’ rights to self-
organization.
B.
VI.