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CHRA Labor Code Reviewer PDF
CHRA Labor Code Reviewer PDF
CHRA Labor Code Reviewer PDF
BOOK ONE
PRE-EMPLOYMENT
agencies or entities; and b. Disciplinary action cases and other
TITLE I special cases which are administrative in character, involving
RECRUITMENT AND employers, principals, contracting partners and Filipino Migrant
PLACEMENT OF WORKERS Workers
ADJUDICATORY FUNCTIONS OF THE POEA: - The fact that the employee has signed a satisfaction
a. All cases which are administrative in character, involving or receipt does not result in waiver; the law does not consider
arising out of violations of rules and regulations relating to as valid any agreement to receive less compensation than
licensing and registration of recruitment and employment
what the worker is entitled to recover. (MR Yard Crew Union 3. Those not otherwise disqualified by law or these guidelines to
vs. PNR) engage in the recruitment and placement of workers for
overseas employment
MINIMUM EMPLOYMENT CONDITIONS OF OVERSEAS
EMPLOYMENT: DISQUALIFICATIONS:
1. Guaranteed wages for regular working hours and overtime 1. Travel agencies and sales agencies of airline companies.
pay for services rendered beyond regular working hours in 2. Officers or members of the board of any corporation or
accordance with the standards established by the members in a partnership engaged in the business of a travel
Administration agency.
2. Free Transportation from point of hire to site of employment 3. Corporations and partnerships, when any of its officers,
and return. members of the board or partners, is also an officer, member of
3. Free emergency medical and dental treatment and facilities. the board or partner of a corporation engaged in the business of
4. Just causes for termination of the contract or of the services a travel agency. 4. Persons, partnerships, or corporations which
of the workers. have derogatory records.
5. Workmen’s compensation benefits and war hazard 5. Persons employed in the Department of Labor or in other
protection. government agencies directly involved in overseas employment
6. Repatriation of worker’s remains and properties in case of program and their relatives within the 4th degree of
death to the point of hire, or if this is not possible the possible consanguinity or affinity; or
disposition thereof 6. Those whose license has been previously canceled or
7. Assistance on remittance of worker’s salaries, allowances, or revoked.
allotments to his beneficiaries; and
8. Free and adequate board and lodging facilities or CHAPTER II
compensatory food allowance at prevailing cost of living REGULATIONS OF RECRUITMENT AND
standards at the jobsite. PLACEMENT ACTIVITIES
ILLEGAL RECRUITMENT - Any act of canvassing, enlisting, THE QUALIFYING CIRCUMSTANCES THAT WOULD MAKE
contracting, transporting, utilizing, hiring, or procuring workers ILLEGAL RECRUITMENT AS A CRIME INVOLVING
and includes referring contract services, promising or ECONOMIC SABOTAGE ARE:
advertising for employment abroad, whether for profit or not When committed by a SYNDICATE i.e., if it is carried out by a
when undertaken by a non-licensee or non-holder of authority group of three (3) or more persons conspiring and confederating
with one another; or
(a) When committed in a LARGE SCALE i.e., if it is control a right, franchise, privilege, property or business the
committed against three (3) or more persons exercise or enjoyment of which property or business the
exercise or enjoyment of which is expressly reserved by the
VENUE OF ACTIONS ON ILLEGAL RECRUITMENT: Constitution or the laws to citizens of the Philippines or to
1. RTC of the province or city where the offense was committed; corporations or associations at least 60% of the capital of which
or is owned by such citizens.
2. where the offended party resides at the time of the
commission of the offense EXCEPTIONS TO THE PROHIBITION:
→at the option of the complainant a. where the Secretary of Justice specifically authorizes the
- These circumstances only qualify. They do not define the employment of technical personnel; or
offense themselves b. where the aliens are elected members of the board of
directors or governing body of corporations or association in
- Recruitment and placement activities of agents or proportion to their allowable participation in the capital of such
representatives appointed by a licensee, whose appointments entities.
were not previously authorized by the POEA shall likewise
constitute illegal recruitment. BOOK TWO
HUMAN RESOURCES DEVELOPMENT
ART. 38 (c) declared unconstitutional since only a judge
may issue search warrant/ warrant of arrest. The Sec. Of TITLE I
Labor may only recommend not issue. However, Closure NATIONAL MANPOWER DEVELOPMENT PROGRAM
of establishments of illegal recruiters may still be ordered
by Secretary of Labor, same being essentially CHAPTER I
administrative and regulatory in nature. (Salazar vs. NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY
Achacoso and Marquez) FOR THEIR IMPLELENTATION
SPECIAL HOLIDAYS
ART 90. REGULAR WAGE
1. All Saint’s Day - November 1
- include the cash wage only, without deduction on
account of facilities provided by the employer 2. Last Day of the Year- December 31
3. And all other days declared by law or ordinances to be a
special holiday or nonworking day
NOTE: worked = regular wage plus 30% premium pay not 3. If there are two succeeding holidays eg., Maundy Thursday
worked = none and Good Friday, the employee must be present the day before
the scheduled regular holiday to be entitled to compensation to
ADDITIONAL COMPENSATION FOR WORK ON A REST both otherwise, he must work on the first holiday to be entitled
DAY, SUNDAY, OR HOLIDAY WORK: to holiday pay on the second regular holiday.
1. Work on a scheduled rest day - 30% of regular wage 2. No
regular workdays and rest days -30% of regular wage for work REGULAR HOLIDAY SPECIAL HOLIDAY
on Sundays & Holidays - compensable even - not - not compensable if
3. Work on Special Holidays -30% of regular wage compensable if unworked unworked
subject to certain conditions
4. Holiday Work falls on Scheduled Rest Day - 50% of regular
- limited to the 10 - not exclusive since law may
wage
enumerated by the LC provide for other special
holidays
CHAPTER III - rate is twice the regular rate - rate is 130% if worked
HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE if worked
CHARGES
ART 95. RIGHT TO SERVICE INCENTIVE LEAVE
ART 94. RIGHT TO HOLIDAY PAY ➢ SERVICE INCENTIVE LEAVE (SIL) - Five (5) days
HOLIDAY PAY - A day’s pay given by law to an employee even leave with pay for every employee who has rendered
if he does not work on a regular holiday. It is limited to the at least one (1) year of service
ten (10) regular holidays listed by law. ➢ BUT DOES NOT APPLY TO THOSE WHO ARE:
- employee should not have been absent without pay on the already enjoying the said benefits; or enjoying vacation leave
working day preceding the regular holiday. with pay for at least 5 days
Art. 94(b) refers to regular holidays, special holidays are taken those employed in establishments regularly employing less than
care of under Art. 93 10 employees
➢ PREMIUM PAY - Additional compensation for work those employed in establishments exempted from granting this
performed on a scheduled rest day or holiday. benefit by the Secretary of Labor.
REGULAR HOLIDAYS:
1. New Year’s Day - January 1 ONE (1) YEAR OF SERVICE. - service within 12 months,
2. Maundy Thursday - Movable date whether continuous or broken, reckoned from the date the
3. Good Friday- Movable date employee started working including authorized absences and
paid regular holidays unless the number of working day in the
4. Araw ng Kagitingan - April 9
establishment as a matter of practice or policy, or provided in
5. Labor Day - May 1
the employment contract is less than 12 mos.
6. Independence Day - June 12
- SIL is commutable i.e., convertible to cash- the cash
7. National Heroes Day`- Last Sunday of August
equivalent is aimed primarily at encouraging workers to
8. Bonifacio Day- November 30 work continuously and with dedication to the company.
9. Christmas Day- December 25
10. Rizal Day- December 30 ART 96. SERVICE CHARGES
Note: Compensable whether worked or unworked. ➢ TO BE DISTRIBUTED TWICE A MONTH AND AT
THE RATE OF:
DOUBLE HOLIDAY PAY 1. 85% for all covered employees to be equally distributed
1. 200% of the basic wage provided, he works on that day and among them
was present or on leave with pay on the preceding workday. If 2. 15% for management (may answer for losses and breakages
on leave without pay, rate still applies if leave is authorized. or distributed to management)
2. 400% if he worked – as per DOLE Memo if there are 2 regular
holidays in one day eg. April 9 and Good Friday. Provided the - If collection of service charges is abolished, the share of
employee worked on the day prior to the regular holiday or on covered employees shall be considered integrated in their
leave with pay or on authorized absence.
wages based on the average monthly share of each employee ➢ This Title shall not apply to the following:
for the past 12 months immediately preceding the abolition. 1. household or domestic helpers
2. homeworkers engaged in needlework
TITLE II 3. workers employed in any establishment duly registered with
WAGES the National Cottage Industry
4. Workers in any duly registered cooperatives
CHAPTER I
PRELIMINARY MATTERS CHAPTER II
MINIMUM WAGE RATES
ART 97. DEFINITION
WAGE - the remuneration or earnings, however designated, ART 100. PROHIBITION AGAINST ELIMINATION OR
capable of being expressed in terms of money, whether fixed or DIMUNITION OF BENEFITS
ascertained on a time, task, piece, or commission basis or other ➢ LEGAL REQ’TS. BEFORE FACILITIES CAN BE
method of calculating the same, which is payable by an DEDUCTED FROM THE EMPLOYEES’ WAGES:
employer to an employee under a written or unwritten contract 1. Proof that such facilities are customarily furnished by the
of employment for work done or to be done or for services trade.
rendered or to be rendered and includes the fair and reasonable 2. Voluntarily Accepted in writing by the employee
value of board, lodging, or other facilities customarily furnished 3. Charged at Fair & Reasonable Value
by the employer to the employee.
THE NON-DIMINUTION RULE - the benefits being given to
employees cannot be taken back or reduced unilaterally by
FAIR DAY’S WAGE FOR A FAIR DAY’S LABOR - if there is
the employer because the benefit has become part of the
no work performed by the employee, there can be no wage or
employment contract, written or unwritten.
pay unless the laborer was able, willing, and ready to work but
was prevented by management or was illegally locked out,
The rule is applicable if it is shown that the grant of the
suspended, or dismissed.
benefit is:
1. based on an express policy, or
WAGE SALARY
2. has ripened into practice over a long period of time, and
- compensation for manual - denotes higher degree of
the practice is consistent and deliberate.
labor employment
3. It is not due to an error in the construction /application of
- Not subject to execution - subject to execution (Gaa
vs. CA) a doubtful or difficult question of law.
Is the employer legally obliged to try & correct a wage Issue Writs of Execution (ART. 128)
distortion? →for the enforcement of orders
It appears so. Article 124 of the Code provides that “the →except in cases where the employer contests the
employer and the union shall negotiate to correct the findings of the said labor officers and raises issues
distortions.” If there is no union, “the employer and the supported by documentary proofs which were not
workers shall endeavor to correct such distortions. considered during inspection.
Must the previous pay gaps be restored? Order Work Stoppage/Suspension of Operations
→ when non-compliance with the law or implementing 3. Agricultural undertaking at nighttime unless, she is given a
rules and regulations poses grave & imminent danger to period of rest of not less than 9 consecutive hours
the health and safety of the workers in the workplace.
Conduct Hearings within 24 hours ART 131. EXCEPTION
→ to determine whether an order for stoppage of 1. Actual/Impending Emergencies caused by serious
work/suspension of operations shall be lifted or not. accident, flood, typhoon, epidemic or other disasters or
→ employer shall pay the employees concerned their calamity, to prevent loss of life or property, or in cases of force
salaries in case the violation is attributable to his fault majeure or imminent danger to public safety
Require employers to keep and maintain Employment 2. Urgent work to be performed on machineries, equipment,
Records or installation, to avoid serious loss
→ as may be necessary in aid of his visitorial and 3. Work is necessary to prevent serious loss of perishable
enforcement powers goods
ART 128 ART 129 4. Where she holds a responsible position of
1. Visitorial and enforcement 1. Power of the Regional managerial/technical nature/engaged to provide health and
power of the Secretary of Director or any duly welfare service
Labor /his duly authorized authorized hearing officers to 5. Nature of the work requires the manual skill and dexterity
representatives exercised hear and decide matters
of women workers & cannot be performed with equal
through routine inspections involving the recovery of
of establishments wages, upon complaint of efficiency by male workers
any interested party 6. Where women workers are immediate family members of
2. requires the existence of 2. E-E relationship not the family operating the establishment or undertaking
E-E Relationship necessary since it should not 7. Analogous cases
include a claim for
reinstatement
ART 132. FACILITIES FOR WOMEN
3. No limit as to amount of 3. Aggregate claim of each
claim complainant does not The Secretary of Labor may require employers to:
exceed P5,000 1. Provide seats proper for women and permit them to use the
4. Appeal is with Sec.of 4. Appeal with NLRC; period seats when they are free from work or during office hours
Labor; period of appeal is 10 of appeal is 5 calendar days provided the quality of the work will not be compromised.
calendar days 2. To establish separate toilet rooms and lavatories for men
5. Person exercising the 5. The power is vested upon and women and provide at least a dressing room for women.
power is the Sec. Of Labor or a regional director or any
any of his duly authorized duly authorized hearing 3. To establish a nursery in the establishment.
representatives who may or officer of the DOLE 4. To determine appropriate minimum age and other
may not be a regional standards for retirement or termination in special occupations
director such as those of flight attendants and the like
Purpose: to enable the husband to lend support to his wife ART 136. STIPULATION AGAINST MARRIAGE
during the period of recovery and/or in the nursing of the newly it shall be unlawful for an employer to require as a condition for
born child. employment or continuation of employment that a woman
employee shall not get married, or to stipulate expressly or
CONDITIONS: tacitly that upon getting married a woman employee shall be
1. he is an employee at the time of the delivery of his child. deemed resigned or separated, or to actually dismiss,
2. he is cohabiting with his spouse at the time she gives birth or discharge, discriminate or otherwise prejudice a woman
suffers a miscarriage. employee merely by reason of her marriage.
3. he has applied for paternity leave; and
4. his wife has given birth or suffered a miscarriage ART 138. CLASSIFICATION OF CERTAIN WOMEN
WORKERS
- Paternity leave, if not availed of, is not convertible to cash. Any woman who is permitted to work or suffered to work, with or
without compensation, in any night club, cocktail lounge,
massage clinic, bar or similar establishment, under the effective
control or supervision of the employer for a substantial period as 4. Where the workers use or are exposed to heavy or power-
determined by the Secretary of Labor, shall be considered as an driven machinery or equipment; and
employee of such establishment for purposes of labor and social 5. Where the workers use or are exposed to power-driven tools,
legislation.
CHAPTER III
CHAPTER II EMPLOYMENT OF HOUSEHELPERS
EMPLOYMENT OF MINORS
RIGHTS OF HOUSEHELPERS:
ART 139. MINIMUM EMPLOYABLE AGE 1. minimum cash wage
Any person between ages 15 and 18 may be employed in any 2. non-assignment to non- household work
non-hazardous work. 3. opportunity for education: if under 18 (cause of education part
of compensation)
Exception and condition on the employment of a child 4. board/ lodging, medical attendance
below 15: 5. just and humane treatment
1. When the child works directly under the sole responsibility of 6. indemnity for unjust termination of services
his/her parents or legal guardian who employs members of 7. just causes for termination
his/her family only under the following conditions: 8. right not to be required to work more than 10 hours a day
a. employment does not endanger the child’s life, safety, 9. for days’ vacation each month
health, and morals 10. to regular wages if employed in industrial or commercial or
b. employment does not impair the child’s normal agricultural undertaking
development 11. funeral expenses must be paid by employer if the house
c. the parent/legal guardian provides the child with the helper has no relatives with sufficient means in the place where
primary and/or secondary education prescribed by the head of the family lives.
DECS 12. at least elementary education
2. Where the child’s employment or participation in public 13. employment certification
entertainment or information through cinema, theater, radio, or
television is essential, provided that: CHAPTER IV
a. employment does not involve advertisements or EMPLOYMENT OF HOMEWORKERS
commercials promoting alcoholic beverages, intoxicating
drinks, tobacco, and its by-products or exhibiting INDUSTRIAL HOMEWORK - a system of production under
violence. which work for an employer or contractor is carried out by a
b. There is a written contract approved by the DOLE; and homeworker at his home.
c. The conditions prescribed for the employment of INDUSTRIAL HOMEWORKER - a worker who is engaged in
minors {above stated} are met. industrial homework
TITLE I
POLICY AND DEFINITIONS