1 Presidential Decree no.

442 The Labor Code of the Philippines Chapter II Emancipation of Tenants Objectives reformation with the emancipation of the tiller of the soil from his bondage. Transfer of Lands to Tenant-workers - Tenant farmers on private agricultural lands primarily devoted to rice and corn under a system of share crop or lease tenancy whether classified as landed estate or not shall be deemed owner of a portion constituting a family-seize farm of five (5) hectares if nor irrigated and three (3) hectares if irrigated. - In all cases, the landowners may retain an area of not more than seven (7) hectares if such landowner is cultivating such area or will now cultivate it. Determination of Land Value - The value of land shall be equivalent to two and one-half (2 ) times the average harvest of three (3) normal crop years immediately preceding the promulgation of PD 27. - -total cost of land including interest at the rate of 6% p.a. shall be paid by the tenant in fifteen (15 years) of fifteen (15) equal annual amortizations. - In case of default, the amortizations due shall be paid by the farmers cooperative in which the defaulting tenant-farmer is a member, with the cooperative having a right of recourse against him. - The government shall guarantee such amortizations with shares of stock of GOCC. Conditions of Ownership - No land shall be issued to a tenant-farmer until he became a full pledge member of a duly recognized farmers cooperative. - Title to land shall not be transferable except by hereditary succession or to the Government in accordance with the Code of Agrarian reforms and other existing laws. Implementing Agency - DAR shall promulgate the necessary rules and regulations to implement the provisions of this Chapter. COMMENTS AND CASES Legislative History - Ra No. 6657 Comprehensive Agrarian Reform Law of 1988 - Land for Landless slogan 1935 Constitution insure the well-being and economic security of all people 1973 Constitution affirmed it and added the state shall promulagate the acquisition, ownership, use, enjoyment and disposition of private property and equitably diffuse property ownership and profits. Also significant is the injuction to formulate and implement an agrarian reform program aimed at emancipating the tenant from the bondage of the soil. 1987 adopted 1 whole article and separate article on social justice and human rights containing provisions for the uplift of the common people. The state shall undertake just distribution on all agricultural lands subject to limits. Pres. Aquino declared full land ownership in favour of of the beneficiaries of PD 27 and providing for the valuation of unvalued lands covered by decree as well as the manner of their payment. PD 131 Comprehensive Agrarian Reform Program

Share of Tenancy Abolished - RA 3844 abolished and outlawed share tenancy and put in its stead the agricultural leasehold system. - RA 6389 declared share tenancy relationship contrary to public policy. - The repeal of ATC and enactment of ALRC make the movement not only towards the leasehold system but towards eventual ownership of land by its tillers. - The law was designed to promote economic and social stability and must be interpreted liberally to give full force and effect to their clear intent. Constitutional Provison Article XIII Section 4 states thatThe State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing. Compensation Scheme - the SC declared that the content and manner of the just compensation does not violate constitution. Lands not Covered

2 1.1 Land obtained through Homestead Patent 1.2 Residential Subdivisions 1.3 Livestock, Poultry and Swine Raising Lands BOOK ONE PRE-EMPLOYMENT Article 12 - Statement of objectives. It is the policy of the State: (a) To promote and maintain a state of full employment through improved manpower training, allocation and utilization; (b) To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and conditions of employment; (c) To facilitate a free choice of available employment by persons seeking work in conformity with the national interest; (d) To facilitate and regulate the movement of workers in conformity with the national interest; (e) To regulate the employment of aliens, including the establishment of a registration and/or work permit system; (f) To strengthen the network of public employment offices and rationalize the participation of the private sector in the recruitment and placement of workers, locally and overseas, to serve national development objectives. (g) To insure careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines abroad. COMMENTS Admin Code mandates DOLE to assure responsibility for; 1. The promotion of gainful employment opportunities and the optimization of the development and utilization of the countrys manpower resources; 2. The advancement of workers welfare by providing for just and human working conditions and terms of employment; 3. The maintenance of industrial peace by promoting harmonious, equitable and stable employment relations that assures protection for the rights of all concerned parties. TITLE I RECRUITMENT AND PLACEMENT OF WORKERS CHAPTER 1 GENERAL PROVISIONS Definitions a. Worker any member of the labor force, whether employed or unemployed. b. "Recruitment and placement" refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or promises for a free employment to two or more persons shall be deemed engaged in recruitment and placement. c. (c) "Private employment agency" means any person or entity engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both. d. (d) "License" means a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency. e. (e) "Private recruitment entity" means any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers. f. (f) "Authority" means a document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity. g. (g) "Seaman" means any person employed in a vessel engaged in maritime navigation. h. (h) "Overseas employment" means employment of a worker outside the Philippines. i. (i) "Emigrant" means any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination. COMMENTS What constitutes recruitment and placement - PP v. Panis the court ruled that the number of persons is not an essential ingredient of the act of recruitment and placement of workers. - PP v. Goce the court laid down the rule that to prove that the accused was engaged in recruitment activities, it must be shown that the accused gave the complainant the distinct impression that she had the power or ability to send complainant abroad for work, such that the latter was convinced to part with her money in order to be so employed. DOLE- carries out programs for local and overseas employment. Bureau of Local Employment effective allocation of manpower POEA overseas employment Bureau of Employment Services replaced by Bureau of Local Employment PESO - public employment services office - Intended to serve as employment services and information center area of operation.

Regularly obtains list of vacancies, publicize them and invites and evaluates application and refer for possible employment. Also provides training and education

Private Recruitment - No person or entity other than the public employment offices, shall engage in the recruitment and placement of workers. COMMENTS - Exception Article 25 which provides that the private employment sector shall participate in the recruitment and placement of workers, locally and overseas. Authorized Entities to recruit and place workers for local or overseas employment a. Public employment office b. Private recruitment entitites c. Private employment agencies d. Shipping or manning agents or representatives e. POEA f. Constructions contractors if authorized to operate by DOLE and the Construction Industry Authority. g. Members of the diplomatic corps although hirings done by them have to be processed through DOLE h. Other persons or entities as may be authorized by the DOLE secretary. Overseas Employment Development Board created to undertake a systematic program for overseas employment workers in excess of domestic needs and to protect their rights to fair and equitable employment practices. COMMENTS Background of Overseas Employment Act 2486 law provided for license issuance and license fee and welfare regulations such as prohibiting minors to work abroad without parents written consent and prohibiting non-christian for exhibition or display and provision of transportation for returning workers who are physically unfit or have finished serving the contract. PD 442 - OEDB and NSB was created. PD 1412 revived private sector participation in recruitment EO 797 OEDB, NSB , EOP were united into single structure the POEA EO 247 Reorganization of POEA RA 8042 Migrants workers and Overseas Filipino Act of 1995. The POEA; Overview of Its function - the formulation, implementation and monitoring of the overseas employment of Filipino Workers and protection of their rights to fair and equitable employment practices. OFW- a Filipino worker who is to be engaged, is engaged, or has been engage in a remunerated activity in a country of which he/she is not a legal resident.

a. Sea-based work pertains to ship operatons like navigation, engineering, maintenance, including a variety of occupations from kitchen staff to on-board entertainment in large vessel ships. b. Land-Based OFW contract workers other than seaman including workers in offshore activities whose occupation requires that the majority of his working / gainful hours are spent on land. POEA regulates the private sector participation in the recruitment and overseas placement of workers through its licensing and registration system. Migrant Worker - Filipino worker who is to be engaged, is engaged, or has been engage in a remunerated activity in a country of which he/she is not a legal resident. Employer-Employee Relation Cases: Termination of Employment a. Contractual Employees b. Termination of Contract c. Pretermination under RA 8042 d. Section 10 of RA 8042 unconstitutional e. Due Process required to terminate employment f. Perfected Contract g. Death and Other Benefits h. Evaluation of Disablity i. Overseas compensation benefits in Dollars POEA retains jurisdiction to hear cases Grounds for Disciplinary Action 1. Commission of felony punishable by Philippine Laws or by laws of host country 2. Drug addiction/possession/trafficking 3. Desertion/abandonment 4. Drukeness 5. Gambling 6. Initiating or joining a strike or work stoppage where the laws of the host country prohibits strikes or similar actions 7. Creating trouble at worksite or in a vessel 8. Embezzlement 9. Theft/robbery 10. Prostitution 11. Vandalism 12. Gunrunning or possession of deadly weapon 13. Unjust refusal to depart from worksite 14. Violation of laws and sacred practices of the host country NO JURISDICTION - to enforce foreign judgment - over torts BAN ON DIRECT HIRING - No employer may hire a Filipino worker for overseas employment except through the Boards and entities authorized by the DOLE. - Direct Hiring by members of the dimplomatic corps, international organization and other employers are allowed.

4 Also allowed those individual workers who was able to secure contracts without assistance of any agency. But their hiring has to processed through the POEA. Must submit the ff o Employment contract o Valid passport o Employment visa o Medical Certificate o Certificate of attendance (orientation/briefing) COMPOSITION OF BOARDS 2 years - Secretary of Labor Chairman - Administrator - Deputy administrators - Office of directors Board shall collect fees from the employers CHAPTER II REGULATIONS OF RECRUITMENT AND PLACEMENT ACTIVTIES Private Sector Participation in the recruitment and placement of workers Travel agencies prohibited to recruit

Office of the Emigrant Affairs abolished and transferred to the Commission on Filipino Overseas National Seamen board now POEA - Secure the best possible terms and employment for contract seamen workers and secure compliance therewith. **an agreement that diminishes the employees pay and benefits as contained in POEA-Approved contract is void unless approved by POEA. Laches the failure or neglect for an unreasonable and unexplained length of timeto do that which, by exercising due diligence, could or should have been done earlier, thus giving rise to a presumption that the party entitled to assert it either has abandoned or declined to assert it. Minimum Employment Conditions a. Guaranteed wages for regular working hours and overtime pay. b. Free transportation to and from worksite c. Free food and accommodation d. Just/authorized causes for termination of the contract. e. Other a. Existing labor and social laws of the host country b. Relevant agreements, conventions, delegations or resolutions c. Relevant bi-lateral and multilateral agreements or arrangements with the host country d. Prevailing conditions/realities in the market Freedom to Stipulate-provided it is more beneficial to employee PROTECTION AND ASSISTANCE BY GOVERNMENT AGENCIES 1. DFA 2. DOLE 3. POEA 4. OWWA to provide social and welfare services, including insurance coverage, legal assistance, placement assistance and remittance services to Filipino Overseas workers 5. RPM CENTER Re-placement and Monitoring MANDATORY REMITTANCE OF FOREIGN EXCHANGE EO 857 50-80% of the basic salary

CITIZENSHIP REQUIREMENT - Only Filipino citizens or corporations, partnerships or entities at lease 75% of the authorized and voting capital stock of which is owned and controlled by Filipino Citizens CAPITALIZATION A. Private Employment agency for local a. 200,000.00 for single proprietorship and partnership b. 500,000.00 corporations B. Private recruitment for overseas a. 2,000,000.00 NON-TRANSFERABILITY OF LICENSE OR AUTHORITY - Holders of authority or license may undertake their recruitment and placement only at their official address. - They may recruit on province provided they have written authority from POEA. BONDS - Applicants for license shall post such cash and surety bonds as determined by the Sectrary of Labor to guarantee compliance with prescribed recruitment procedures, rules and regulations and terms and conditions of employment as may be appropriate. - Only answers for employement related claims and violations of labor codes. - Failure to replenish escrow or bonds shall cause the suspension of the license. Amount of Bond a. Local employment (2 years) a. Cash Bond 25,000.00 b. Surety Bond 100,000.00 b. Overseas a. Escrow Agreement 1,000,000.00 b. Surety Bond 100,000.00 Release of Bond - 3 months after surrendering the license of the agency. (local) - 4 months overseas FEES to be paid by the workers - Any person applying for with a provate fee charging employment agency for employment

assistance shall not be charged any fee until he has obtained employment through its efforts or has actually commence employment. Placement fee not exceed 20% of the workers first months basic salary Fees and Cost Chargeable to Principals 1. Visa Fee 2. Airfare 3. POEA Processing fee 4. OWWA Membership fee Fees and Cost Chargeable to the workers - A land-based agency may charge and collect from its hired workers a placement fee in an amount equivalent to one month salary, exclusive of documentation cost. 1. Passport 2. NBI/Police/Barangay Clearance 3. Authentication 4. Birth Certificate 5. Medicare 6. Trade Test 7. Inoculation (immunization), when required by host party 8. Medical examination fees Service Fees - Local Employment not exceeding 20% of annual salary of worker. Transportation cost shall not be borne by the worker - Overseas charge to the principals to cover for the documentation cost Refund of Fees - Illegally collected fees. Article 33-34 SUSPENSION AND CANCELLATION OF LICENSE