LABOR STANDARDS (CONTINUED)

By: Atty. Edwin E. Torres (MSU 2022)

2. WAGES x x x

(4) NON-DIMINUTION OF BENEFITS

ART. 100. Prohibition against Elimination or Diminution of Benefits. -

Nothing in this Book shall be construed to eliminate or in any way
diminish supplements, or other employee benefits being enjoyed at the
time of promulgation of this Code.

1. Generally, employees have a vested right over existing benefits voluntarily granted to
them by their employer. Thus, any benefit and supplement being enjoyed by the employees
cannot be reduced, diminished, discontinued or eliminated by the employer. The principle of
non-diminution of benefits is actually founded on the Constitutional mandate to protect the
rights of workers, to promote their welfare, and to afford them full protection.  In turn, said
mandate is the basis of Article 4 of the Labor Code which states that "all doubts in the
implementation and interpretation of this Code, including its implementing rules and
regulations, shall be rendered in favor of labor."1

2. There is diminution of benefits when the following requisites are present: (1) the grant
or benefit is founded on a policy or has ripened into a practice over a long period of time; (2)
the practice is consistent and deliberate; (3) the practice is not due to error in the
construction or application of a doubtful or difficult question of law; and (4) the diminution or
discontinuance is done unilaterally by the employer. To be considered as a regular company
practice, the employee must prove by substantial evidence that the giving of the benefit is done
over a long period of time, and that it has been made consistently and deliberately.
Jurisprudence has not laid down any hard-and-fast rule as to the length of time that company
practice should have been exercised in order to constitute voluntary employer practice. The
common denominator in previously decided cases appears to be the regularity and
deliberateness of the grant of benefits over a significant period of time. It requires an
indubitable showing that the employer agreed to continue giving the benefit knowing fully well
that the employees are not covered by any provision of the law or agreement requiring payment
thereof.22 In sum, the benefit must be characterized by regularity, voluntary and deliberate
intent of the employer to grant the benefit over a considerable period of time. 2

3. Coca-Cola’s isolated act of including the Sales Management Incentives (SMI) in the
retirement package of an employee could hardly be classified as a company practice that may
be considered an enforceable obligation. The principle against diminution of benefits is
applicable only if the grant or benefit is founded on an express policy or has ripened into a
practice over a long period of time which is consistent and deliberate; it presupposes that a
company practice, policy and tradition favorable to the employees has been clearly established;
and that the payments made by the company pursuant to it have ripened into benefits enjoyed
by them. Certainly, a practice or custom is, as a general rule, not a source of a legally
demandable or enforceable right. Company practice, just like any other fact, habits, customs,
usage or patterns of conduct, must be proven by the offering party who must allege and
establish specific, repetitive conduct that might constitute evidence of habit or company
practice.3

4. As a rule, "practice" or "custom" is not a source of a legally demandable or enforceable

right. In labor cases, however, benefits which were voluntarily given by the employer, and
which have ripened into company practice, are considered as rights and are subject to the non-
diminution rule. To be considered a company practice, the benefit must be consistently and
deliberately granted by the employer over a long period of time. It requires an indubitable
showing that the employer agreed to continue giving the benefit knowing fully well that the
employee is not covered by any provision of law or agreement for its payment. The burden to
establish that the benefit has ripened into a company practice rests with the employee. 4

1
Vergara Jr. vs. Coca-Cola Bottlers Philippines, Inc. (G.R. No. 176985, 1 April 2013).
2
Ibid.
3
Ibid.
4
Home Credit Mutual building and Loan Association and/or Alcantara vs. Prudente (G.R. No. 200010, 27 August
2020).
1
5. he Non-Diminution Rule found in Article 100 of the Labor Code explicitly prohibits
employers from eliminating or reducing the benefits received by their employees. This rule,
however, applies only if the benefit is based on an express policy, a written contract, or has
ripened into a practice. To be considered a practice, it must be consistently and deliberately
made by the employer over a long period of time. An exception to the rule is when "the practice
is due to error in the construction or application of a doubtful or difficult question of
law." The error, however, must be corrected immediately after its discovery; otherwise, the rule
on Non-Diminution of Benefits would still apply.5

C) PAYMENT OF WAGES

RA 602 (Minimum Wage Law enacted in 1951):

Section 10. Direct payment of wages. –

(a) Payment in legal tender:

(1) Except as herein otherwise provided, wages payable in

money shall be paid in legal tender of the Philippines, and it
shall hereafter be unlawful to pay such wages in the form of
promissory notes, vouchers, coupons, tokens or any other
form alleged to represent legal tender;

(a) In accordance with such regulations as the Secretary of Labor may

prescribe, the payment of wages may be made by bank check or postal
check or money order in cases in which payment in such manner is
customary or is necessary because of special circumstances.

(b) Wages, including wages which may be paid retroactively for

whatever reason, shall be paid directly to the employee to whom they are
due, except:

(1) In cases where the employee is insured with his

consent by the employer, the latter shall be entitled to
deduct form the wage of the employee the amount paid by
the employer for premiums on the insurance;

(2) In cases of force majeure rendering such payments

impossible; and

(3) In cases where the right of the employees or his union

to check-off has been recognized by the employer or
authorized in writing by the individual employees concerned.

(c) An employer may pay the wages of a deceased employee to the

heirs of the latter, without the necessity of intestate proceedings, as
hereinafter prescribed. The heirs of a deceased employee, if they are all of
age, shall execute an affidavit attesting to their relationship to the
deceased and the fact that they are his heirs, to the exclusion of all other
persons. If any of the heirs is a minor, the affidavit shall be executed in
his behalf by his natural guardian or next of kin. The affidavit shall be
presented to the employer, who make payment through the Secretary of
Labor or his representative. The representative of the Secretary of Labor
shall act as referee in dividing the amount paid among the heirs. The
payment of wages under this subsection shall absolve the employer of any
further liability with respect to the amount paid.

(d) No employer shall limit or otherwise interfere with the freedom of

any employee to dispose of his wages.

5
Wesleyan University Philippines vs. Wesleyan University Faculty and Staff Association (G.R. No. No. 181806, 12
March 2014).
2
(e) No employer shall in any manner, force, compel or oblige his
employees directly or indirectly to make use of any store or services
operated by such employer or any other person.

(f) No employer shall make any deduction from the wages of his
employees, except under authority of law, or require his employees to
make deposits form which deduction shall be made, for the
reimbursement of loss or damage to tools, materials, or equipment
supplied by the employer, unless he shall have first obtained authorization
from the Secretary. Such authorization to make deductions from wages or
require deposits for reimbursement for the purpose stated shall be based
upon a finding that the practice of making deductions or requiring
deposits is a recognized one in the trade or occupation concerned; or that
it is necessary or desirable in such trade or occupation.

The authorization to make such deductions shall be subject to the

following conditions:

(1) That the employer shall inform the employees in the

manner prescribed by the Secretary of Labor of the extent to
which and the conditions under which such deductions may
be made.

(2) That the employee concerned is clearly shown to be

responsible for the loss or damage;

(3) That such employee is given reasonable opportunity to

show cause why deduction should not be made; and

(4) That the amount of such deduction is fair and

reasonable and shall not exceed the actual amount of the loss
or damage, and shall be paid at such rate that the amount
deducted in any week shall not exceed twenty per cent of the
employee's wages for that week.

(g) It shall be unlawful for any person, including but not restricted to,
any employer, supervisor, foreman or other representative of an employer,
employment agent, labor contractor, recruiter, or any officer or
representative of a labor organization, or any officer of the National
Government or any provincial, city or municipal government, or any
superintendent, supervisor, foreman, time-keeper, or person in charge in
the service of such government, to make any deductions or withhold any
amount from the wages of an employee or induce any employee to give up
any part of the wages to which he is entitled by force, intimidation, threat
or procuring dismissal or in any other manner whatsoever.

(h) Wages shall be paid not less than once every two weeks or twice a
month at intervals not exceeding sixteen days. In the case of employees
hired to perform a task, the completion of which requires more than a
fortnight, and in respect of whom intervals for the payment of wages are
not otherwise fixed by collective agreement or arbitration award, it shall
be the duty of the employer:

(1) To make payment on account not less often than once

every two weeks or twice a month at intervals not exceeding
sixteen days; and

(2) To make a final settlement within two weeks after the

completion of the task.

(i) Payment of wages shall be made at or near the place of undertaking,

except as otherwise provided by such rules and regulations as the
Secretary of Labor may prescribe.

(j) Employer's responsibility of contractor's payroll:

3
 (1) Whenever an employer shall contract with another
person for the performance of the employer's work, then it
shall be the duty of such employer to provide in such contract
that the employees of the contractor and the latter's
subcontractor shall be paid according to the provisions of this
Act and in the event that such contractor or subcontractor
shall fail to pay wages to his employee as specified in this Act,
such employer shall become civilly liable to the employees of
the contractor or subcontractor to the extent that such work
is performed under such contract, in the same manner as if
said employees were directly employed by such employer.

(2) The provisions of paragraph one of this subsection shall

likewise be applicable to any person, firm, partnership,
association or corporation who, not being employer, and
hereinafter referred to as "Indirect Employer", contracts with
a contractor for the performance of his work.

(3) In the cases prescribed in paragraphs one and two

hereof, the employer or indirect employer shall have the right
to require the contractor to furnish bond in a sum equal to the
cost of labor under the contract, on condition that such
contractor shall pay the wages of the employees for the
performance of such contract in accordance with the
provisions of this Act.

(k) Notification of wage conditions. - It shall be the duty of every

employer to notify his employees at the time of hiring of the wage
conditions under which they are employed, which shall include the
following particulars:

(1) The rate of wages payable;

(2) The method of calculation of wages;

(3) The periodicity of wage payment; the day, hour and

place of payment; and

(4) Any change with respect to any of the foregoing items.

(l) This section shall apply to all employees to whom a minimum wage
applies under this Act, including those who are paid wages higher than the
applicable minimum.

D) PROHIBITIONS REGARDING WAGES

Section 3. x x x. All workers paid by result, including those who are paid
on piecework, takay, pakyaw or task basis, shall receive not less than the
prescribed wage rates per eight (8) hours work a day, or a proportion
thereof for working less than eight (8) hours. (RA 6727).

Section 12. Any person, corporation, trust, firm, partnership, association

or entity which refuses or fails to pay any of the prescribed increases or
adjustments in the wage rates made in accordance with this Act shall be
punished by a fine not less than Twenty-five thousand pesos (P25,000.00)
nor more than One hundred thousand pesos (PI00,000.00) or
imprisonment of not less than two (2) years nor more than four (4) years,
or both such fine and imprisonment at the discretion of the court:
Provided, That any person convicted under this Act shall not be entitled
to the benefits provided for under the Probation Law.

The employer concerned shall be ordered to pay an amount equivalent to

DOUBLE the unpaid benefits owing to the employees: Provided, That
payment of indemnity shall not absolve the employer from the criminal
liability imposable under this Act. If the violation is committed by a

4
 corporation, trust or firm, partnership, association or any other entity,
the penalty of imprisonment shall be imposed upon the entity's
responsible officers, including, but not limited to, the president, vice
president, chief executive officer, general manager, managing director or
partner. (RA 6727, as amended by RA 8188).

Under Section 2 (m) of DOLE Department Order No. 10, Series of 1998, 30 the Notice of
Inspection Result "shall specify the violations discovered, if any, together with the officer's
recommendation and computation of the unpaid benefits due each worker with an advice that
the employer shall be liable for double indemnity in case of refusal or failure to correct the
violation within five calendar days from receipt of notice." A careful review of the Notice of
Inspection Result dated 29 May 2002, issued herein by the DOLE-NCR to Dusit Hotel, reveals
that the said Notice did not contain such an advice. Although the Notice directed Dusit Hotel
to correct its noted violations within five days from receipt thereof, it was not sufficiently
apprised that failure to do so within the given period would already result in its liability for
double indemnity. The lack of advice deprived Dusit Hotel of the opportunity to decide and act
accordingly within the five-day period, as to avoid the penalty of double indemnity. Hence it
can not be said refused or failed to pay any of the prescribed increases or adjustments in the
wage rate5 to come within the purview of Section 12 of R.A. No. 6727, as amended by RA No.
8188. As such, there is no basis to hold the petitioners for double indemnity. 6

E) WAGE DISTORTION

(1) CONCEPT

1. The statutory definition of wage distortion is found in Article 124 of the Labor Code, as
amended by Republic Act No. 6727 (Wage Rationalization Act), which reads:

“. . . a wage distortion shall mean a situation where an increase in prescribed

wage results in the elimination of severe contraction of intentional quantitative
differences in wage or salary rates between and among employee groups in an
establishment as to effectively obliterate the distinctions embodied in such wage
structure based on skills, length of service, or other logical bases of
differentiation.”

2. Wage distortion presupposes a classification of positions and ranking of these positions

at various levels. One visualizes a hierarchy of positions with corresponding ranks basically in
terms of wages and other emoluments. Where a significant change occurs at the lowest level of
positions in terms of basic wage without a corresponding change in the other level in the
hierarchy of positions, negating as a result thereof the distinction between one level of position
from the next higher level, and resulting in a parity between the lowest level and the next
higher level or rank, between new entrants and old hires, there exists a wage distortion. The
concept of a wage distortion assumes an existing grouping or classification of employees which
establishes distinctions among such employees on some relevant or legitimate basis. This
classification is reflected in a differing wage rate for each of the existing classes of employees.
Wage distortion involves four elements:

A. An existing hierarchy of positions with corresponding salary rates

B. A significant change in the salary rate of a lower pay class without a

concomitant increase in the salary rate of a higher one

C. The elimination of the distinction between the two levels

D. The existence of the distortion in the same region of the country

A disparity in wages between employees holding similar positions but in different regions does
not constitute wage distortion as contemplated by law. Wage distortion involves a parity in the
salary rates of different pay classes which, as a result, eliminates the distinction between the
different ranks in the same region.7

3. Article 124 of the Labor Code, as amended by RA 6727, states:

6
Marby Food Ventures Corporationn, et al. vs. De la Cruz, et al. (G.R. No. 244629, 28 July 2020).
7
Prubankers Association vs. Prudential Bank & Trust Company (G.R. No. 131247, 25 January 1999).
5
 “Where the application of any prescribed wage increase by virtue of a law or
Wage Order issued by any Regional Board results in distortions of the wage
structure within an establishment, the employer and the union shall negotiate
to correct the distortions. Any dispute arising from the wage distortions shall be
resolved through the grievance procedure under their collective bargaining
agreement and, if it remains unresolved, through voluntary arbitration.”

Wage distortion is a factual and economic condition that may be brought about by different
causes. However, the mere factual existence of wage distortion does not, however, ipso
facto result to an obligation to rectify it, absent a law or other source of obligation which
requires its rectification. If a wage distortion is not the result of wage increase by virtue of law
or wage order issued by a Regional Board, then there is no legal obligation to correct it. 8

4. The Regional Tripartite Wages and Productivity Commission issued in 1991 the
following formula to correct wage distortions:

Minimum Wage x Prescribed Increase = Distortion Adjustment

--------------------
Actual Salary

This formula suggested then by Commissioner Bonto-Perez, which has also been the standard
considered by the regional Tripartite Wages and Productivity Commission for the correction of
pay scale structures in cases of wage distortion, appears to just and equitable. 9

F) MINIMUM WAGE LAW

B. MINIMUM WAGE

1. RA 6727 (Wage Rationalization Act), which took effect on July 1, 1989, declared it a

policy of the State to rationalize the fixing of minimum wages and to promote productivity-
improvement and gain-sharing measures to ensure a decent standard of living for the workers
and their families; to guarantee the rights of labor to its just share in the fruits of production;
to enhance employment generation in the countryside through industrial dispersal; and to
allow business and industry reasonable returns on investment, expansion and growth. In line
with its declared policy, RA 6727, created the National Wages and Productivity Commission
(NWPC), vested, inter alia, with the power to prescribe rules and guidelines for the
determination of appropriate minimum wage and productivity measures at the regional,
provincial or industry levels; and the Regional Tripartite Wages and Productivity Boards
(RTWPB) which, among others, determine and fix the minimum wage rates applicable in their
respective region, provinces, or industries therein and issue the corresponding wage orders,
subject to the guidelines issued by the NWPC. MINIMUM WAGE is rate fixed by the Regional
Tripartite Wage and Productivity Board (RTWPB).

2. There are two methods of adjusting the minimum wage. In Employers Confederation of
the Phils. v. National Wages and Productivity Commission (201 SCRA 759, 24 September 1991),
these were identified as the "floor wage" and the "salary-ceiling" methods. The "floor wage"
method involves the fixing of a determinate amount to be added to the prevailing statutory
minimum wage rates. On the other hand, in the "salary-ceiling" method, the wage adjustment
was to be applied to employees receiving a certain denominated salary ceiling. In other words,
workers already being paid more than the existing minimum wage (up to a certain amount
stated in the Wage Order) are also to be given a wage increase.10

3. To ensure the payment of fair and reasonable wage rates, Article 101of the Labor Code
provides that "the Secretary of Labor shall regulate the payment of wages by results,
including pakyao, piecework and other non-time work." The same statutory provision also
states that the wage rates should be based, preferably, on time and motion studies, or those
arrived at in consultation with representatives of workers' and employers' organizations. It is
then the responsibility of workers employing piece-rate workers to inquire from the Secretary of
Labor about their prescribed specific wage rates. If there are no such prescribed rates, they

8
Bankard Employees Union-Workers Alliance Trade Unions vs. NLRC and Bankard, Inc. (G.R. No. 140689, 17
February 2004).
9
Metropolitan Bank & Trust Company Employees Union-ALU-TUCP and Balinag vs. NLRC and Metrobank (G.R. No.
102636, 10 September 1993).
10
Norkis Free and Independent Workers Union vs. Norkis Trading Company, Inc. (G.R. No. 157098, 30 June 2005).
6
should, after consultation with their workers, submit for the Secretary’s approval time and
motion studies as basis for the wage rates of the employees. In the absence of such prescribed
wage rates for piece-rate workers, the ordinary minimum wage rates prescribed by the RTWPBs
should apply.11

4. Section 4(c) of RA 6727 provides for exemption from the coverage of minimum wage
“retail/service establishments regularly employing not more than ten (10) workers.” But they
are to apply for such exemption with the appropriate Regional Board. Otherwise, they are not
exempted.12

G) HOLIDAY PAY

H) 13TH MONTH PAY

PD 851:

Payment of 13-month Pay All employers covered by Presidential Decree

No. 851, hereinafter referred to as the "Decree", shall pay to all their
employees receiving a basic salary of not more than P1,000 a month a
thirteenth-month pay not later than December 24 of every year.

"Thirteenth-moth pay" shall mean one twelfth (1/12) of the basic salary of
an employee within a calendar year;

(b) "Basic salary" shall include all remunerations or earnings paid by an

employer to an employee for services rendered but may not include cost-
of-living allowances granted pursuant to Presidential Decree No. 525 or
Letter of Instructions No. 174, profit-sharing payments, and all allowances
and monetary benefits which are not considered or integrated as part of
the regular or basic salary of the employee at the time of the
promulgation of the Decree on December 16, 1975.

The 13th-month pay mandated by Presidential Decree (P.D.) No. 851 represents an additional
income based on wage but not part of the wage. It is equivalent to one-twelfth (1/12) of the
total basic salary earned by an employee within a calendar year. All rank-and-file employees,
regardless of their designation or employment status and irrespective of the method by which
their wages are paid, are entitled to this benefit, provided that they have worked for at least one
month during the calendar year. If the employee worked for only a portion of the year, the
13th-month pay is computed pro rata.13

The term "basic salary" of an employee for the purpose of computing the 13th-month pay was
interpreted to include all remuneration or earnings paid by the employer for services rendered,
but does not include allowances and monetary benefits which are not integrated as part of the
regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits,
overtime, premium, night differential and holiday pay, and cost-of-living allowances. However,
these salary-related benefits should be included as part of the basic salary in the computation
of the 13th-month pay if, by individual or collective agreement, company practice or policy, the
same are treated as part of the basic salary of the employees.14

The practice of petitioner in giving 13th-month pay based on the employees’ gross annual
earnings which included the basic monthly salary, premium pay for work on rest days and
special holidays, night shift differential pay and holiday pay continued for almost thirty (30)
years and has ripened into a company policy or practice which cannot be unilaterally
withdrawn. Article 100 of the Labor Code, otherwise known as the Non-Diminution Rule,
mandates that benefits given to employees cannot be taken back or reduced unilaterally by the
employer because the benefit has become part of the employment contract, written or
unwritten. The rule against diminution of benefits applies if it is shown that the grant of the
benefit is based on an express policy or has ripened into a practice over a long period of time
and that the practice is consistent and deliberate. Nevertheless, the rule will not apply if the

11
Pulp and Paper, Inc. vs. NLRC and Antonio (G.R. No. 116593, 24 September 1997).
12
C. Planas Commercial and Cohu vs. NLRC, et al. (G.R. No. 144619, 11 November 2005).
13
Central Azucarera de Tarlac vs. Centra Azucarera de Tarlac Labor Union-NLU (G.R. No. 188949, 26 July 2010).
14
Ibid.
7
practice is due to error in the construction or application of a doubtful or difficult question of
law. But even in cases of error, it should be shown that the correction is done soon after
discovery of the error.15

I. RETIREMENT PAY

A covered employee who retires pursuant to RA 7641 shall be entitled to retirement pay
equivalent to at least one-half (1/12) month salary for every year of service, a fraction of at least
six (6) months being considered as one whole year.

The retirement pay is equal to half-month’s pay per year of service. But "half-month’s pay" is
"expanded" because it means not just the salary for 15 days but also one-twelfth of the 13th-
month pay and the cash value of five-day service incentive leave. THIS IS THE MINIMUM. The
retirement pay package can be improved upon by voluntary company policy, or particular
agreement with the employee, or through a collective bargaining agreement." Jurisprudence
has established 22.5 days pay per year of service is the correct formula in arriving at the
complete retirement pay.16

In the case of an employee who is paid on commission basis, we total his commissions for the
last 12 months, and we divide by 12 to get at his monhy earning. Then we divide said montly
earning by 26 days, While complainant endeavored to substantiate his claim that he earned
average daily commission of ₱700.00, however, the documents he presented are not complete,
simply representative copies, therefore unreliable. On the other haNd, while respondents
question complainant’s use of ₱700.00 (daily income) as basis in determining the latter’s
correct retirement pay, the factor commonly used in determining the regular working days in a
month, to arrive at his daily income. Then multiply his daily by 22.5 days to arrive at his
retirement pay.17

3. LEAVES

A) SERVICE INCENTIVE LEAVE

B) MATERNITY LEAVE

RA 11210 ("105-Day Expanded Maternity Leave Law"):

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

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

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

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

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

pregnancy, miscarriage or emergency termination of pregnancy, regardless
of frequency: Provided, That for cases of miscarriage or emergency
termination of pregnancy, sixty (60) days maternity leave with full pay
shall be granted.

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

Any pregnant female worker in the private sector shall be granted a
maternity leave of one hundred five (105) days with full pay, regardless of
whether she gave birth via caesarian section or natural delivery, while

15
Ibid.
16
Serrano vs. Severino Santos Transit and/or Santos (G.R. No. 187698, 9 August 2010).
17
Ibid.
8
maternity leave of sixty (60) days with full pay shall be granted for
miscarriage or emergency termination of pregnancy.

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

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

(2) That the full payment shall be advanced by the employer

within thirty (30) days from the filing of the maternity leave
application;

(3) That payment of daily maternity benefits shall be a bar to

the recovery of sickness benefits provided under Republic Act No.
1161, as amended, for the same period for which daily maternity
benefits have been received;

(4) That the SSS shall immediately reimburse the employer of

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

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

miscarriage or emergency termination of pregnancy without the
required contributions having been remitted for her by her
employer to the SSS, or without the latter having been previously
notified by the employer of the time of the pregnancy, the
employer shall pay to the SSS damages equivalent to the benefits
which said female member would otherwise have been entitled to.

In case the employee qualifies as a solo parent under Republic Act No. 8972, or
the "Solo Parents’ Welfare Act", the employee shall be paid an additional
maternity benefit of fifteen (15) days.

(b) An additional maternity leave of thirty (30) days, without pay, can be
availed of, at the option of the female worker: Provided, That the employer shall
be given due notice, in writing, at least forty-five (45) days before the end of her
maternity leave: Provided, further, That no prior notice shall be necessary in the
event of a medical emergency but subsequent notice shall be given to the head of
the agency.

(c) Workers availing of the maternity leave period and benefits must receive
their full pay. Employers from the private sector shall be responsible for payment
of the salary differential between the actual cash benefits received from the SSS
by the covered female workers and their average weekly or regular wages, for the
entire duration of the maternity leave, with the following exceptions, subject to
the guidelines to be issued by the Department of Labor and Employment (DOLE):

(1) Those operating distressed establishments;

(2) Those retail/service establishments and other enterprises

employing not more than ten (10) workers;

(3) Those considered as micro-business enterprises and engaged

in the production, processing, or manufacturing of products or
commodities including agro-processing, trading, and services, whose

9
 total assets are not more than Three million pesos (₱3,000,000.00);
and

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

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

justification by the employer claiming exemption for the approval of the DOLE.

Section 6. Allocation of Maternity Leave Credits.— Any female worker entitled to

maternity leave benefits as provided for herein may, at her option, allocate up to
seven (7) days of said benefits to the child’s father, whether or not the same is
married to the female worker: Provided, That in the death, absence, or incapacity
of the former, the benefit may be allocated to an alternate caregiver who may be a
relative within the fourth degree of consanguinity or the current partner of the
female worker sharing the same household, upon the election of the mother
taking into account the best interests of the child: Provided, further, That written
notice thereof is provided to the employers of the female worker and alternate
caregiver: Provided, furthermore, That this benefit is over and above that which is
provided under Republic Act No. 8187, or the "Paternity Leave Act of
1996": Provided, finally, That in the event the beneficiary female worker dies or
is permanently incapacitated, the balance of her maternity leave benefits shall
accrue to the father of the child or to a qualified caregiver as provided above.

Section 7. Maternity Leave for Women Regardless of Civil Status.— All female
workers in the government and female members of the SSS, regardless of their
civil status, shall be granted maternity leave, with full pay, upon compliance with
the preceding section.

Section 8. Maternity Leave With Pay in Case of Childbirth, Miscarriage, or

Emergency Termination of Pregnancy After the Termination of an Employee’s
Service.— Maternity leave with full pay shall be granted even if the childbirth,
miscarriage, or emergency termination of pregnancy occurs not more than fifteen
(15) calendar days after the termination of an employee’s service, as her right
thereto has already accrued: Provided, That such period is not applicable when
the employment of the pregnant woman worker has been terminated without just
cause, in which case the employer will pay her the full amount equivalent to her
salary for one hundred five (105) days for childbirth and sixty (60) days for
miscarriage or emergency termination of pregnancy based on her full pay, in
addition to the other applicable daily cash maternity benefits that she should
have received had her employment not been illegally terminated.

Section 9. Maternity Leave Credits.— The maternity leave can be credited as

combinations of prenatal and postnatal leave as long as it does not exceed one
hundred five (105) days and provided that compulsory postnatal leave shall not be
less than sixty (60) days.

Section 10. Maternity Leave Benefits for Women in the Informal Economy and
Voluntary Contributors to the SSS.— Maternity benefits shall cover all married
and unmarried women, including female workers in the informal economy.

Female workers in the informal economy are entitled to maternity leave benefits
if they have remitted to the SSS at least three (3) monthly contributions in
the .twelve (12)-month period immediately preceding the semester of her
childbirth, miscarriage, or emergency termination of pregnancy.

Section 11. Maternity Benefits for Female Workers Who are Non-Members of the
SSS.— Female workers who are neither voluntary nor regular members of the SSS
shall be governed by the Philippine Health Insurance Corporation (PhilHealth)
Circular No. 022-2014 or the "Social Health Insurance Coverage and Benefits for
Women About to Give Birth".

Section 12. Maternity Leave of a Female Worker With Pending Administrative

Case. — The maternity leave benefits granted under this Act shall be enjoyed by a
female worker in the government service and in the private sector even if she has
a pending administrative case.
10
C) PATERNITY LEAVE

RA 8187 (“Paternity Leave Act of 1996”):

SEC. 2. Notwithstanding any law, rules and regulations to the contrary,

every married male employee in the private and public sectors shall be
entitled to a paternity leave of seven (7) days with full pay for the first
four (4) deliveries of the legitimate spouse with whom he is cohabiting.
The male employee applying for paternity leave shall notify his employer
of the pregnancy of his legitimate spouse and the expected date of such
delivery.

For purposes of this Act, delivery shall include childbirth or any

miscarriage.

SEC. 3.  Definition of Term.  – For purposes of this

Act, Paternity Leave 
refers to the benefits granted to a married male employee allowing him
not to report for work for seven (7) days but continues to earn the
compensation therefor, on the condition that his spouse has delivered a
child or suffered a miscarriage for purposes of enabling him to effectively
lend support to his wife in her period of recovery and/or in the nursing of
the newly-born child.

SEC. 4. The Secretary of Labor and Employment, the Chairman of the

Civil Service Commission and the Secretary of Health shall, within thirty
(30) days from the effectivity of this Act, issue such rules and regulations
necessary for the proper implementation of the provisions hereof.

D) SOLO PARENT LEAVE (RA 8972, AS AMENDED BY RA 11861)

REPUBLIC ACT NO. 8972 (“Solo Parents' Welfare Act of 2000”):

Section 3. Definition of Terms. - Whenever used in this Act, the following

terms shall mean as follows:

(a) "Solo parent" - any individual who falls under any of the following
categories:

(1) A woman who gives birth as a result of rape and other

crimes against chastity even without a final conviction of
the offender: Provided, That the mother keeps and raises the
child;

(2) Parent left solo or alone with the responsibility of

parenthood due to death of spouse;

(3) Parent left solo or alone with the responsibility of

parenthood while the spouse is detained or is serving
sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of

parenthood due to physical and/or mental incapacity of
spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of

parenthood due to legal separation or de facto separation
from spouse for at least one (1) year, as long as he/she is
entrusted with the custody of the children;

11
 (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
he/she is entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of

parenthood due to abandonment of spouse for at least one
(1) year;

(8) Unmarried mother/father who has preferred to keep

and rear her/his child/children instead of having others care
for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care

and support to a child or children;

(10) Any family member who assumes the responsibility of

head of family as a result of the death, abandonment,
disappearance or prolonged absence of the parents or solo
parent.

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 eligibility for these
benefits.

xxx xxx xxx

Section 8. Parental Leave. - In addition to leave privileges under existing

laws, parental leave of not more than seven (7) working days every year
shall be granted to any solo parent employee who has rendered service of
at least one (1) year.

E) LEAVE BENEFITS FOR WOMEN WORKERS UNDER MAGNA CARTA

OF WOMEN (RA 9710) AND ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN OF 2004 (RA 9262)

RA 9710 (“Magna Carta of Women”):

Section 18. Special Leave Benefits for Women. - A woman employee

having rendered continuous aggregate employment service of at least six
(6) months for the last twelve (12) months shall be entitled to a special
leave benefit of two (2) months with full pay based on her gross monthly
compensation following surgery caused by gynecological disorders.

RA 9262 ("Anti-Violence Against Women and Their Children Act of 2004"):

SECTION 5. Acts of Violence Against Women and Their Children.- The

crime of violence against women and their children is committed through
any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical

harm;

(c) Attempting to cause the woman or her child physical

harm;

12
(d) Placing the woman or her child in fear of imminent
physical harm;

(e) Attempting to compel or compelling the woman or her

child to engage in conduct which the woman or her child has
the right to desist from or desist from conduct which the
woman or her child has the right to engage in, or attempting
to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force, physical or
other harm or threat of physical or other harm, or
intimidation directed against the woman or child. This shall
include, but not limited to, the following acts committed with
the purpose or effect of controlling or restricting the woman's
or her child's movement or conduct:

(1) Threatening to deprive or actually

depriving the woman or her child of custody to
her/his family;

(2) Depriving or threatening to deprive the

woman or her children of financial support legally
due her or her family, or deliberately providing
the woman's children insufficient financial
support;

(3) Depriving or threatening to deprive the

woman or her child of a legal right;

(4) Preventing the woman in engaging in any

legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or
properties, or solely controlling the conjugal or
common money, or properties;

(f) Inflicting or threatening to inflict physical harm on

oneself for the purpose of controlling her actions or
decisions;

(g) Causing or attempting to cause the woman or her

child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or
through intimidation directed against the woman or her child
or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct,

personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman
or her child. This shall include, but not be limited to, the
following acts:

(1) Stalking or following the woman or her

child in public or private places;

(2) Peering in the window or lingering outside

the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on

the property of the woman or her child against
her/his will;

(4) Destroying the property and personal

belongings or inflicting harm to animals or pets of
the woman or her child; and

13
 (5) Engaging in any form of harassment or
violence;

(i) Causing mental or emotional anguish, public ridicule

or humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to
the woman's child/children.

xxx xxx xxx

SECTION 43.  Entitled to Leave. – Victims under this Act shall be entitled
to take a paid leave of absence up to ten (10) days in addition to other
paid leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.

F) COMPASSIONATE LEAVES

4. SPECIAL GROUPS OF EMPLOYEES

A) WOMEN

(1) DISCRIMINATION

RA 9710 (“Magna Carta of Women”):

(b) "Discrimination Against Women" refers to any gender-based

distinction, exclusion, or restriction which has the effect or purpose of
impairing or nullifying the recognition, enjoyment, or exercise by women,
irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other field.

It includes any act or omission, including by law; policy, administrative

measure, or practice, that directly or indirectly excludes or restricts
women in the recognition and promotion of their rights and their access to
and enjoyment of opportunities, benefits, or privileges.

A measure or practice of general application is discrimination against

women if it fails to provide for mechanisms to offset or address sex or
gender-based disadvantages or limitations of women, as a result of which
women are denied or restricted in the recognition and protection of their
rights and in their access to and enjoyment of opportunities, benefits, or
privileges; or women, more than men, are shown to have suffered the
greater adverse effects of those measures or practices.

Provided, finally, That discrimination compounded by or intersecting with

other grounds, status, or condition, such as ethnicity, age, poverty, or
religion shall be considered discrimination against women under this Act.

(2) STIPULATION AGAINST MARRIAGE

LABOR CODE:

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.

In Zialcita, et al. vs.  Philippine Air Lines,  a policy of Philippine Air Lines requiring that
prospective flight attendants must be single and that they will be automatically separated from

14
the service once they marry was declared void, it being violative of the clear mandate in Article
136 of the Labor Code with regard to discrimination against married women.

(3) PROHIBITED ACTS

B) MINORS

RA 7610 as amended by RA 9231 (“Special Protection of Children Against

Child Abuse, Exploitation and Discrimination Act"):

Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not
be employed except:

1) When a child works directly under the sole responsibility of

his/her parents or legal guardian and where only members of
his/her family are employed: Provided, however, That his/her
employment neither endangers his/her life, safety, health, and
morals, nor impairs his/her normal development: Provided,
further, That the parent or legal guardian shall provide the said
child with the prescribed primary and/or secondary education; or

2) Where a child's employment or participation in public

entertainment or information through cinema, theater, radio,
television or other forms of media is essential: Provided, That the
employment contract is concluded by the child's parents or legal
guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and
Employment: Provided, further, That the following requirements in
all instances are strictly complied with:

(a) The employer shall ensure the protection,

health, safety, morals and normal development of the
child;

(b) The employer shall institute measures to

prevent the child's exploitation or discrimination
taking into account the system and level of
remuneration, and the duration and arrangement of
working time; and

(c) The employer shall formulate and implement,

subject to the approval and supervision of competent
authorities, a continuing program for training and
skills acquisition of the child.

In the above-exceptional cases where any such child may be

employed, the employer shall first secure, before engaging such
child, a work permit from the Department of Labor and Employment
which shall ensure observance of the above requirements.

For purposes of this Article, the term "child" shall apply to all
persons under eighteen (18) years of age."

Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions

provided in Section 12 of this Act, as amended:

(1) A child below fifteen (15) years of age may be allowed to work
for not more than twenty (20) hours a week: Provided, That the work
shall not be more than four (4) hours at any given day;

(2) A child fifteen (15) years of age but below eighteen (18) shall
not be allowed to work for more than eight (8) hours a day, and in no
case beyond forty (40) hours a week;

15
 (3) No child below fifteen (15) years of age shall be allowed to
work between eight o'clock in the evening and six o'clock in the
morning of the following day and 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 day."

Sec. 12-D. Prohibition Against 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:

(1) 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 of children for use in armed conflict; or

(2) The use, procuring, offering or exposing of a child for

prostitution, for the production of pornography or for
pornographic performances; or

(3) The use, procuring or offering of a child for illegal or

illicit activities, including the production and trafficking of
dangerous drugs and volatile substances prohibited under
existing laws; or

(4) 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:

a) Debases, degrades or demeans the

intrinsic worth and dignity of a child as a human
being; or

b) Exposes the child to physical, emotional

or sexual abuse, or is found to be highly stressful
psychologically or may prejudice morals; or

c) Is performed underground, underwater or

at dangerous heights; or

d) Involves the use of dangerous machinery,

equipment and tools such as power-driven or
explosive power-actuated tools; or

e) 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

f) 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

g) Is performed under particularly difficult

conditions; or

h) Exposes the child to biological agents such

as bacteria, fungi, viruses, protozoans,
nematodes and other parasites; or

16
 i) Involves the manufacture or handling of
explosives and other pyrotechnic products.

Sec. 14.  Prohibition on the Employment of Children in Certain

Advertisements. - No child shall be employed as a model in any
advertisement directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts, gambling or any form of
violence or pornography.

C) KASAMBAHAYS

RA 10361 (“Domestic Workers Act”):

Section 4. Definition of Terms.  – As used in this Act, the term:

(c)  Domestic work refers to work performed in or for a household or

households.

(d)  Domestic worker or "Kasambahay" refers to any person engaged in

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

The term shall not include children who are under foster family
arrangement, and are provided access to education and given an allowance
incidental to education, i.e.

(h) Working children,  as used under this Act, refers to domestic workers

who are fifteen (15) years old and above but below eighteen (18) years old.

RIGHTS AND PRIVILEGES

Section 5.  Standard of Treatment. –  The employer or any member of the

household shall not subject a domestic worker or "kasambahay" to any kind
of abuse nor inflict any form of physical violence or harassment or any act
tending to degrade the dignity of a domestic worker.

Section 6.  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.

Section 7.  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.

Section 8.  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.

17
Section 9.  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.

Section 10.  Prohibition Against Privileged Information.  – All

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

PRE-EMPLOYMENT

Section 11. 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.

Section 12.  Pre-Employment Requirement. –  Prior to the execution of the

employment contract, the employer may require the following from the
domestic worker:

18
 (a) Medical certificate or a health certificate issued by a
local government health officer;

(b) Barangay and police clearance;

(c) National Bureau of Investigation (NBI) clearance; and

(d) Duly authenticated birth certificate or if not available,

any other document showing the age of the domestic worker
such as voter’s identification card, baptismal record or
passport.

However, Section 12(a), (b), (c) and (d) shall be standard requirements when
the employment of the domestic worker is facilitated through the PEA.

The cost of the foregoing shall be borne by the prospective employer or

agency, as the case may be.

Section 13.  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.

Section 14.  Deposits for Loss or Damage. –  It shall be unlawful for the
employer or any other person to require a domestic worker to make
deposits from which deductions shall be made for the reimbursement of
loss or damage to tools, materials, furniture and equipment in the
household.

Section 15.  Prohibition on Debt Bondage. – It shall be unlawful for the
employer or any person acting on behalf of the employer to place the
domestic worker under debt bondage.

Section 16.  Employment Age of Domestic Workers. – 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 provisions of 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.

EMPLOYMENT – TERMS AND CONDITIONS

Section 19.  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.

Section 20.  Daily Rest Period.  – The domestic worker shall be entitled to
an aggregate daily rest period of eight (8) hours per day.

Section 21. 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

19
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.

Section 22. Assignment to Nonhousehold 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.

Section 23. 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.

Section 29. 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.

POST EMPLOYMENT

Section 32. Termination of Service.  – 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.

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.

The domestic worker and the employer may mutually agree upon written
notice to pre-terminate the contract of employment to end the
employment relationship.

Section 33. Termination Initiated by the Domestic Worker. – The domestic

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

(a) Verbal or emotional abuse of the domestic worker by

the employer or any member of the household;

20
 (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.

Section 34. Termination Initiated by the Employer. – An employer may

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

(a) Misconduct or willful disobedience by the domestic

worker of the lawful order of the employer in connection with
the former’s work;

(b) Gross or habitual neglect or inefficiency by the

domestic worker in the performance of duties;

(c) Fraud or willful breach of the trust reposed by the

employer on the domestic worker;

(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.

Section 2 of the IRR of said law specifically excludes family drivers as a “kasambahay”.

D) HOMEWORKERS

LABOR CODE:

Article 153. Regulations of industrial homework. The employment of

industrial homeworkers and field personnel shall be regulated by the
Government through appropriate regulations issued by the Secretary of
Labor and Employment to ensure the general welfare and protection of
homeworkers and field personnel and the industries employing them.

Article 154. Regulations of Secretary of Labor and Employment. The

regulations or orders to be issued pursuant to this Chapter shall be designed
to assure the average employee of an undertaking the minimum terms and
conditions of employment applicable to the industrial homeworkers or field
personnel involved.

21
Article 155. Distribution of homework. For purposes of this Chapter, the
"employer" of homeworkers includes any person, natural or artificial, who
for his account or benefit or on behalf of any person residing outside the
country, directly or indirectly, or through any employee, agent, contractor,
sub-contractor or any other person:

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

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

(2) Sells any goods, articles or materials for the purpose of

having the same processed or fabricated in or about a home
and then rebuys them after such processing or fabrication,
either himself or through some other person.

RULE XIV, IRR OF LABOR CODE:

Section 3. Payment for work. (a) Immediately upon receipt of the finished
goods or articles, the employer shall pay the homeworker or the contractor
or sub-contractor, as the case may be, for the work performed; Provided,
However, that where payment is made to a contractor or sub-contractor,
the homeworker shall be paid within the week after the contractor or sub-
contractor has collected the goods or articles from the homeworkers.

(b) The Secretary of Labor and Employment shall from time to time
establish the standard minimum piece or output rate in appropriate orders
for the particular work or processing to be performed by the homeworkers.

Section 4. Deductions. No employee, contractor, or sub-contractor 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:

(a) The homeworker concerned is clearly shown to be

responsible for the loss or damage;

(b) The employee is given reasonable opportunity to show

cause why deductions should not be made;

(c) The amount of such deduction is fair and reasonable

and shall not exceed the actual loss or damages; and

(d) The deduction is made at such rate that the amount

deducted does not exceed 20% of the homeworker's earnings
in a week.

Section 5. Conditions for payment of work. (a) The employer may require
the homeworker to re-do work which has been improperly executed
without having to pay the stipulated rate more than once.

(b) An employer, contractor, or sub-contractor need not pay the

homeworker for any work which has been done on goods and articles which
have been returned for reasons attributable to the fault of the homeworker.

Section 6.  Disagreement between homeworkers and employer. In cases of

disagreement between the homeworker and the employer, contractor or
sub-contractor on matters falling under Section 4 (a), 5 and 6 of this Rule,
either party may refer the case to the Regional Office having jurisdiction
over the homeworker. The Regional Office shall decide the case within ten
(10) working days from receipt of the case. Its decision shall be final and
inappealable.

Section 7.  Liability of employer and contractor. Whenever an employer

shall contract with another for the performance of the employer's work, it
22
shall be the duty of such employer to provide in such contract that the
employees or homeworkers of the contractor and the latter's sub-
contractor shall be paid in accordance with the provisions of this Rule. In
the event that such contractor or sub-contractor 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 sub-
contractor 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
homeworkers were directly engaged by the employer.

RA 11165 (“Telecommuting Act”):

Section 3. Telecommuting Defined. - As used in this Act the term

"telecommuting" refers to a work from an alternative workplace with the
use of telecommunications and/or computer technologies.

Section 4. telecommuting Program. - An employer in private sector may

offer a telecommuting program to its employees on a voluntary bases, and
upon such terms and conditions as they may mutually agree
upon: Provided, That such terms and conditions shall not be less than the
minimum labor standards set by law, and shall include compensable work
hours, minimum number of work hours, overtime, rest days, and
entitlement to leave benefits. In all cases, the employer shall provide the
telecommuting employee with relevant written information in order to
adequately apprise the individual of the terms and conditions of the
telecommuting program, and the responsibilities of employee.

Section 5. Fair Treatment. - The employer shall ensure that the

telecommuting employee are given the same treatment as that of
comparable employees are given the same treatment as that of comparable
employees working at the time employer's premises. All telecommuting
employee shall:

(a) Receive a rate of pay, including overtime and night

shift differential, and other similar monetary benefits not
lower than those provided in applicable laws, and collective
bargaining agreements.

(b) Have the right to rest periods, regular holidays, and

special nonworking days.

(c) Have the same or equivalent workload and performance

standards as those of comparable workerat the employer's
premises.

(d) Have the same access to training and career

development opportunities as those of comparable workers at
the employer's premises, and be subject to the same appraisal
policies covering these workers.

(e) Receive appropriate training on the technical

equipment at their disposal, and the characteristics and
conditions of telecommuting.

(f) Have the same collectible rights as the workers at the

employer's premises, and shall not be barred from
communicating with workers' representatives.

The employer shall also ensure that measures are taken to prevent the
telecommuting employee from being isolated from the rest of the working
community in the company by giving the telecommuting employee the
opportunity to meet with colleagues on a regular basis, and opportunity to
meet with colleagues on a regular basis, and allowing access to company
information.

23
Section 6. Data Protection. - The employer shall be responsible for taking
the appropriate measures to ensure the protection of data used and
processed by the telecommuting employee for professional purposes. The
employer shall inform the telecommuting employee of all relevant laws, and
company rules concerning sata protection. The telecommuting employee
shall ensure that confidential and proprietary information are protected at
all times.

For this purpose, the provision s of the Data Privacy Act of 2012 shall have
suppletory effect.

Section 7. Administration. - The parties to a telecommuting work

arrangement shall be primarily responsible for its administration. In case of
differences in interpretation, the following guidelines shall be observed:

(a) The differences shall be treated as grievances under the

applicable grievance mechanism of the company.

(b) If there is no grievance mechanism or if the

mechanism is inadequate, the grievance shall be referred to
the regional office of the Department of Labor and
Employment (DOLE) which has jurisdiction over the workplace
for conciliation.

(c) To facilitate the resolution of grievances, employers

shall keep and maintain, as part of their records, the
documents proving that the telecommuting work arrangement
was voluntarily adopted.

E) NIGHT WORKERS

RA 10151 (amendment of Labor Code):

Chapter V
Employment of Night Workers

Article 154. Coverage. - This chapter' shall apply to all persons, who

shall be employed or permitted or suffered to work at night, except
those employed in agriculture, stock raising, fishing, maritime
transport and inland navigation, during a 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 workers' representatives/labor
organizations and employers.

“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 workers' representatives/labor organizations
and employers."

Article 155. 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; and

24
 (c) If they experience health problems during such, an
assignment which are not caused by factors other than the
performance of night work.

With the exception of a finding of unfitness for night work, the findings
of such assessments shall not be transmitted to others without the
workers' consent and shall not be used to their detriment."

Article 156. 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 157. Transfer. - Night workers who are certified as unfit for

night work, due to health reasons, shall be transferred, whenever
practicable, 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 158. 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 winch a medical

certificate IS produced stating that said additional periods
are necessary for the health of the mother or child:

(1) During pregnancy;

(2) During a 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.

25
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 day

work where this is possible, the provision of social security benefits or
an extension of maternity leave.

The provisions of this article shall not leave the effect of reducing the
protection and benefits connected with maternity leave under existing
laws.

Article 159. 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 160. Social Services. - Appropriate social services shall be

provided for night workers and, where necessary, for workers
performing night work."

"Article 161. Night Work Schedules. - 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 night
work that are best adapted to the establishment and its personnel, as
well as on the occupational health measures and social services which
are required. In establishments employing night workers, consultation
shall take place regularly.

F) APPRENTICES AND LEARNERS

APPRENTICES

Article 58.  Definition of Terms. As used in this Title:

"Apprenticeship" means practical training on the job supplemented by

related theoretical instruction.

An "apprentice" is a worker who is covered by a written apprenticeship

agreement with an individual employer or any of the entities
recognized under this Chapter.

An "apprenticeable occupation" means any trade, form of employment

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

"Apprenticeship agreement" is an employment contract wherein the

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

Article 60. Employment of apprentices. Only employers in the highly

technical industries may employ apprentices and only in apprenticeable
occupations approved by the Secretary of Labor and Employment. (As
amended by Section 1, Executive Order No. 111, December 24, 1986)

Article 61.  Contents of apprenticeship agreements. Apprenticeship

agreements, including the wage rates of apprentices, shall conform to
the rules issued by the Secretary of Labor and Employment. The period
of apprenticeship shall not exceed six months. Apprenticeship

26
 agreements providing for wage rates below the legal minimum wage,
which in no case shall start below 75 percent of the applicable minimum
wage, may be entered into only in accordance with apprenticeship
programs duly approved by the Secretary of Labor and Employment. The
Department shall develop standard model programs of apprenticeship.
(As amended by Section 1, Executive Order No. 111, December 24, 1986)

Article 72.  Apprentices without compensation. The Secretary of Labor and

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

RA 7796, which created the TESDA, has transferred the authority over apprenticeship
programs from the Bureau of Local Employment of the DOLE to the TESDA. RA 7796
emphasizes TESDA’s approval of the apprenticeship program as a pre-requisite for the hiring of
apprentices. Such intent is clear under Section 4 of RA 7796:

j)  "Apprenticeship" training within employment with compulsory

related theoretical instructions involving a contract between an
apprentice and an employer on an approved apprenticeable occupation;

k)  "Apprentice" is a person undergoing training for an approved

apprenticeable occupation during an established period assured by an
apprenticeship agreement;

l)  "Apprentice Agreement" is a contract wherein a prospective

employer binds himself to train the apprentice who in turn accepts the
terms of training for a recognized apprenticeable occupation
emphasizing the rights, duties and responsibilities of each party;

m)  "Apprenticeable Occupation" is an occupation officially endorsed

by a tripartite body and approved for apprenticeship by the Authority
[TESDA]; (Emphasis supplied)

On 15 July 1997, Century Canning Corporation hired Palad as "fish cleaner." Palad signed on
17 July 1997 an apprenticeship agreement 3 with petitioner. On 25 July 1997, Century
submitted its apprenticeship program for approval to the Technical Education and Skills
Development Authority (TESDA). On 26 September 1997, the TESDA approved petitioner’s
apprenticeship program. RULING: Apprenticeship agreements entered into by the employer
and apprentice shall be entered only in accordance with the apprenticeship program duly
approved by the Minister of Labor and Employment. Prior approval by the Department of
Labor and Employment of the proposed apprenticeship program is, therefore, a condition sine
qua non before an apprenticeship agreement can be validly entered into. The act of filing the
proposed apprenticeship program with the Department of Labor and Employment is a
preliminary step towards its final approval and does not instantaneously give rise to an
employer-apprentice relationship. The requisite TESDA approval of the apprenticeship
program prior to the hiring of apprentices was further emphasized by the DOLE with the
issuance of Department Order No. 68-04 on 18 August 2004. Department Order No. 68-04,
which provides the guidelines in the implementation of the Apprenticeship and Employment
Program of the government, specifically states that no enterprise shall be allowed to hire
apprentices unless its apprenticeship program is registered and approved by TESDA.
Therefore, the employee became a regular employee when he was hired.18

The fact that the individuals were already rendering service to the company when they were
made to undergo apprenticeship renders the apprenticeship agreements irrelevant as far as
they are concerned. These individuals occupied positions such as machine operator, scaleman
and extruder operator - tasks that are usually necessary and desirable in the company’s usual
business or trade as manufacturer of plastic building materials. These tasks and their nature
characterized them as regular employees under Article 280 of the Labor Code. 19

Upon graduation an apprentice may not be put under probationary employment in the
company in which he trained. In another company, however, the probationary period for him

18
Century Canning Corporation vs. CA and Palad (G.R. No. 152894, 17 August 2007).
19
Atlanta Industries, Inc. and/or Chan vs. Sebolino, et al. (G.R. No. 187320, 26 January 2011).
27
would be six (6) months. The reason is to allow the employer to test his working habits and
other personal traits with respect to his fitness for regularization in the company. 20

Art. 296 (281). Probationary employment. ̶ Probationary employment shall

not exceed six (6) months from the date the employee started working,
UNLESS IT IS COVERED BY AN APPRENTICESHIP AGREEMENT
STIPULATING A LONGER PERIOD. The services of an employee who has
been engaged on a probationary basis may be terminated for a just cause or
when he fails to qualify as a regular employee in accordance with
reasonable standards made known by the employer to the employee at the
time of his engagement. An employee who is allowed to work after a
probationary period shall be considered a regular employee.

LEARNERS

Article 73. Learners defined. Learners are persons hired as trainees in

semi-skilled and other industrial occupations which are non-
apprenticeable and which may be learned through practical training on
the job in a relatively short period of time which shall not exceed three
(3) months. [Superseded by par. (n) pf Sec. 4 (Definition of Terms of RA
7796 (TESDA Act of 1994) which defines learners as “persons hired as
trainees in semi-skilled and other industrial occupations which are non-
apprenticeable. Learnership programs must be approved by the
Authority.”]

Article 74. When learners may be hired. Learners may be employed

when no experienced workers are available, the employment of learners
is necessary to prevent curtailment of employment opportunities, and
the employment does not create unfair competition in terms of labor
costs or impair or lower working standards.

Article 75. Learnership agreement. Any employer desiring to employ

learners shall enter into a learnership agreement with them, which
agreement shall include:

The names and addresses of the learners;

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

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

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

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

The learnership agreement shall be subject to inspection by the

Secretary of Labor and Employment or his duly authorized
representative.

Article 76. Learners in piecework. Learners employed in piece or

incentive-rate jobs during the training period shall be paid in full for
the work done.

Article 77. Penalty clause. Any violation of this Chapter or its

implementing rules and regulations shall be subject to the general
penalty clause provided for in this Code.

20
Aguilar and UST vs. Office of the President and Reyes (G.R. No. L-57822, 26 April 1989).
28
G) PERSONS WITH DISABILITIES

(1) DISCRIMINATION

(A) MAGNA CARTA FOR DISABLED PERSONS (RA 7277)

RA 7277 (“Magna Carta for Disabled Persons”):

Disabled Persons are those suffering from restriction of different abilities,

as a result of a mental, physical or sensory impairment, to perform an
activity in the manner or within the range considered normal for a human
being;

Impairment is any loss, diminution or aberration of psychological,

physiological, or anatomical structure of function;

Disability shall mean (1) a physical or mental impairment that

substantially limits one or more psychological, physiological or anatomical
function of an individual or activities of such individual; (2) a record of
such an impairment; or (3) being regarded as having such an impairment;

Handicap refers to a disadvantage for a given individual resulting from an

impairment or a disability, that limits or prevents the functions or
activity, that is considered normal given the age and sex of the individual;

Reasonable Accommodation include (1) improvement of existing facilities

used by employees in order to render these readily accessible to and usable
by disabled persons; and (2) modification of work schedules, reassignment
to a vacant position, acquisition or modification of equipment or devices,
appropriate adjustments or modifications of examinations, training
materials or company policies, rules and regulations, the provisions of
auxiliary aids and services, and other similar accommodations for disabled
persons;

Sheltered Employment refers to the provision of productive work for

disabled persons through workshop providing special facilities, income
producing projects or homework schemes with a view to given them the
opportunity to earn a living thus enabling them to acquire a working
capacity required in open industry.

SEC. 5. Equal Opportunity for Employment. – No person with disability

shall be denied access to opportunities for suitable employment. A
qualified employee with disability shall be subject to the same terms and
conditions of employment and the same compensation, privileges, benefits,
fringe benefits, incentives or allowances as a qualified able bodied person.

At least one percent (1%) of all positions in all government agencies,

offices or corporal ions shall be reserved for persons with
disability: Provided,  That private corporations with more than one hundred
(100) employees are encouraged to reserve at least one percent (1%) of all
positions for persons with disability. (As amended by RA 10524)

SECTION 6. Sheltered Employment: If suitable employment for disabled

persons cannot be found through open employment as provided in the
immediately preceding Section, the State shall endeavor to provide it by
means of sheltered employment. In the placement of disabled persons in
sheltered employment, it shall accord due regard to the individual
qualities, vocational goals and inclinations to ensure a good working
atmosphere and efficient production.

SECTION 7. Apprenticeship: Subject to the provision of the Labor Code as

amended, disabled persons shall be eligible as apprentices or learners;
Provided, That their handicap is not much as to effectively impede the
performance of job operations in the particular occupation for which they
are hired; Provided, further, That after the lapse of the period of
apprenticeship if found satisfactory in the job performance, they shall be
eligible for employment.

29
SECTION 32. Discrimination on Employment: No entity, whether public or
private, shall discriminate against a qualified disabled person by reason of
disability in regard to job application procedures, the hiring, promotion, or
discharge of employees, employee compensation, job training, and other
terms, conditions, and privileges of employment.

The following constitute acts of discrimination:

(a). Limiting, segregating or classifying a disabled job

applicant in such a manner that adversely affects his work
opportunities;

(b). Using qualification standards, employment tests or

other selection criteria that screen out or tend to screen out
a disabled person unless such standards, tests or other
selection criteria are shown to be jobrelated for the position
on question and are consistent with business necessity;

(c). Utilizing standards, criteria, or methods of

administration that:

1). have the effect of discrimination on the

basis of disability; or

2). perpetuate the discrimination of others

who are subject to common administrative
control;

(d). Providing less compensation, such as salary, wage or

other forms of remuneration and fringe benefits, to a qualified
disabled employee, by reason of his disability, than the
amount to which a non-disabled person performing the same
work is entitled;

(e). Favoring a non-disabled employee over a qualified

disabled employee with respect to promotion, training
opportunities, study and scholarship grants, solely on account
of the latter’s disability;

(f). Re-assigning or transferring a disabled employee to a

job or position he cannot perform by reason of his disability;

(g). Dismissing or terminating the services of a disabled

employee by reason of his disability unless the employer can
prove that he impairs the satisfactory performance of the
work involve to the prejudice of the business entities;
Provided, however, That the employer first sought provide
reasonable accommodations for disabled persons;
(h). Failing to select or administer in the effective manner
employment tests which accurately reflect the skills, aptitude
or other factor of the disabled applicant or employee that
such test purports to measure, rather than the impaired
sensory, manual or speaking skills of such applicant or
employee, if any; and

(i). Excluding disabled persons from membership in labor

unions or similar organization.

SECTION 33. Employment Entrance Examination : Upon an offer of

employment, a disabled applicant may be subjected to medical
examination, on the following occasions:

(a). all entering employees are subjected to such an

examination regardless of disability;

(b). information obtained during the medical condition or

history of the applicant is collected and maintained on

30
 separate forms and in separate medical files and is treated as
a confidential medical record, Provided, however, That:

1). supervisors and managers may be informed regarding

necessary restrictions on the work or duties of the employees
and necessary accommodations;

2). first aid and safety personnel my be informed, when

appropriate, if the disability might require emergency
treatment;

3). government officials investigating compliance with

this Act shall be provided relevant information on request;
and

4). the results of such examination are used only

accordance with this Act.

(B) MENTAL HEALTH ACT (RA 11036)

RA 11036 (“Mental Health Act”):

(a)  Addiction refers to a primary chronic relapsing disease of brain

reward, motivation, memory, and related circuitry. Dysfunctions in the
circuitry lead to characteristic biological, psychological, social, and
spiritual manifestations. It is characterized by the inability to consistently
abstain impairment and behavioral control, craving, diminished recognition
of significant problems with one's behavior and interpersonal relationships
and a dysfunctional emotional response;

(g)  Impairment or Temporary Loss of Decision-Making Capacity refers

to a medically-determined inability on the part of a service user or any
other person affected by a mental health condition, to provide informed
consent. A service user has impairment or temporary loss of decision-
making capacity when the service user as assessed by a mental health
professional is unable to do the following:

(1) Understand information concerning the nature of a mental

health condition;

(2) Understand the consequences of one's decisions and

actions on one's life or health, or the life or health of others;

(3) Understand information about the nature of the treatment

proposed, including methodology, direct effects, and possible
side effects; and

(4) Effectively communicate consent voluntarily given by a

service user to a plan for treatment or hospitalization, or
information regarding one's own condition;

(t)  Service User refers to a person with lived experience of any mental

health condition including persons who require or are undergoing
psychiatric, neurologic or psychosocial care;

Section 25. Mental Health Promotion and Policies in the Workplace. -

Employers shall develop appropriate policies and programs on mental
health issues, correct the stigma and discrimination associated with mental
conditions, identify and provide support for individuals

(2) INCENTIVES FOR EMPLOYERS

RA 7277 (“Magna Carta for Disabled Persons”):

31
 SECTION 8. Incentives for Employer :

(a) To encourage the active participation of the private sector in

promoting the welfare of disabled persons and to ensure gainful
employment for qualified disabled persons, adequate incentives shall be
provided to private entities which employ disabled persons.

(b). Private entities that employ disabled persons who meet the required
skills or qualifications, either as regular employee, apprentice or learner,
shall be entitled to an additional deduction, from their gross income,
equivalent to twenty-five percent (25%) of the total amount paid as salaries
and wages to disabled persons: Provided, however, That such entities
present proof as certified by the Department of Labor and Employment
that disabled person are under their employ. Provided, further, That the
disabled employee is accredited with the Department of Labor and
Employment and the Department of Health as to his disability, skills and
qualifications.

(c). Private entities that improved or modify their physical facilities in

order to provide reasonable accommodation for disabled persons shall also
be entitled to an additional deduction from their net taxable income,
equivalent to fifty percent (50%) of the direct costs of the improvements or
modifications. This section, however, does not apply to improvements or
modifications of facilities required under Batas Pambansa Bilang 344.
5. SEXUAL HARASSMENT IN THE WORK ENVIRONMENT

A) SEXUAL HARASSMENT ACT (RA 7877)

RA 7877 (“Anti-Sexual Harassment Act of 1995”):

SEC. 3. Work, Education or Training-related Sexual Harassment Defined.  –

Work, education or training-related sexual harassment is committed by an
employer, 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 favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexualharassment is

committed when:

(1) The sexual favor is made as a condition in the hiring or

in the employment, re-employment 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 any 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.

(b) In an education or training environment, sexual harassment is

committed:

(1) Against one who is under the care, custody or

supervision of the offender;

(2) Against one whose education, training, apprenticeship

or tutorship is entrusted to the offender;

32
 (3) When the sexual favor is made a condition to the giving
of a passing grade, or the granting of honors and scholarships,
or the payment of a stipend, allowance or other benefits,
privileges, or considerations; or

(4) When the sexual advances result in an intimidating,

hostile or offensive environment for the student, trainee or
apprentice.

Any person who directs or induces another to commit any act of sexual
harassment as herein defined, or who cooperates in the commission thereof
by another without which it would not have been committed, shall also be
held liable under this Act.

SEC. 4. 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

and jointly approved by the employees or students or trainees, through
their duly designated representatives, prescribing the procedure for the
investigation of 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 subsection (a) 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 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
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 may be.

The employer or head of office, educational or training institution shall

disseminate or post . copy of this Act for the information of all concerned.

SEC. 5. Liability of the Employer, Head of Office, Educational or Training

Institution.  – The employer or head of office, educational or training
institution shall be solidarily liable for damages arising from the acts of
sexual harassment committed in the employment, education or training
environment if the employer or head of office, educational or training
institution is informed of such acts by the offended party and no
immediate action is taken thereon.

SEC. 6.  Independent Action for Damages.  – Nothing in this Act shall
preclude the victim of work, education or training-related sexual

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harassment from instituting a separate and independent action for
damages and other affirmative relief.

SEC 7. Penalties. –  Any person who violates the provisions of this Act
shall, upon conviction, be penalized by imprisonment of not less than one
(1) month nor more than six (6) months, or a fine of not less than Ten
thousand pesos (P 10,000) nor more than Twenty thousand pesos (P
20,000), or both such fine and imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall
prescribe in three (3) years.

B) SAFE SPACES ACT (ARTICLE IV OF RA 11313 ONLY; EXCLUDE:

LIABILITY OF EMPLOYERS)

ARTICLE IV: GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE

Section 16. Gender-Based Sexual Harassment in the Workplace. -The

crime of gender-based sexual harassment in the workplace includes the
following:

(a) An act or series of acts involving any unwelcome sexual advances,

requests or demand for sexual favors or any act of sexual nature, whether
done verbally, physically or through the use of technology such as text
messaging or electronic mail or through any other forms of information
and communication systems, that has or could have a detrimental effect
on the conditions of an individual’s employment or education, job
performance or opportunities;

(b) A conduct of sexual nature and other conduct-based on sex affecting

the dignity of a person, which is unwelcome, unreasonable, and offensive
to the recipient, whether done verbally, physically or through the use of
technology such as text messaging or electronic mail or through any other
forms of information and communication systems;

(c) A conduct that is unwelcome and pervasive and creates an

intimidating, hostile or humiliating environment for the
recipient: Provided, That the crime of gender-based sexual harassment may
also be committed between peers and those committed to a superior officer
by a subordinate, or to a teacher by a student, or to a trainer by a trainee;
and

(d) Information and communication system refers to a system for

generating, sending, receiving, storing or otherwise processing electronic
data messages or electronic documents and includes the computer system
or other similar devices by or in which data are recorded or stored and any
procedure related to the recording or storage of electronic data messages
or electronic documents.

Section 17. Duties of Employers. -Employers or other persons of authority,

influence or moral ascendancy in a workplace shall have the duty to
prevent, deter, or punish the performance of acts of gender-based sexual
harassment in the workplace. Towards this end, the employer or person of
authority, influence or moral ascendancy shall:

(a) Disseminate or post in a conspicuous place a copy of this Act to all

persons in the workplace;

(b) Provide measures to prevent gender-based sexual harassment in the

workplace, such as the conduct of anti-sexual harassment seminars;

(c) Create an independent internal mechanism or a committee on

decorum and investigation to investigate and address complaints of
gender-based sexual harassment which shall:

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(1) Adequately represent the management, the employees from
the supervisory rank, the rank-and-file employees, and the
union, if any;

(2) Designate a woman as its head and not less than half of its
members should be women;

(3) Be composed of members who should be impartial and not

connected or related to the alleged perpetrator;

(4) Investigate and decide on the complaints within ten (10) days
or less upon receipt thereof;

(5) Observe due process;

(6) Protect the complainant from retaliation; and

(7) Guarantee confidentiality to the greatest extent possible;

(d) Provide and disseminate, in consultation with all persons in the

workplace, a code of conduct or workplace policy which shall:

(1) Expressly reiterate the prohibition on gender-

based sexual harassment;

(2) Describe the procedures of the internal

mechanism created under Section 17(c) of this
Act; and

(3) Set administrative penalties.

Section 18. Duties of Employees and Co-Workers. -Employees and co-

workers shall have the duty to:

(a) Refrain from committing acts of gender-based sexual

harassment;

(b) Discourage the conduct of gander-based sexual harassment in

the workplace;

(c) Provide emotional or social support to fellow employees, co-

workers, colleagues or peers who are victims of gender-based
sexual harassment; and

(d) Report acts of gender-based sexual harassment witnessed in

the workplace.

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