Labor Standards

Atty. Marlon J.
Manuel
Labor Standards
Employer-Employee Relationship
Contracting
Kinds of Employment
Statutory Benefits
----------------------------
Termination of Employment
Dispute Settlement
Constitutional Provisions
Art. II. State Policies
Section 10. The State shall promote social
justice in all phases of national development.
Section 11. The State values the dignity of
every human person and guarantees full
respect for human rights.
Section 18. The State affirms labor as a primary
social economic force. It shall protect the
rights of workers and promote their welfare.
Art.III. Bill of Rights
Section 8. The right of the people, including
those employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law shall
not be abridged.
Section 16. All persons shall have the right to a
speedy disposition of their cases before all
judicial, quasi-judicial, or administrative
bodies.
Art. XIII. Social Justice and Human Rights
Section 3. The State shall afford full protection to
labor, local and overseas, organized and
unorganized, and promote full employment and
equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-
organization, collective bargaining and
negotiations, and peaceful concerted activities,
including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall
also participate in policy and decision-making
processes affecting their rights and benefits as may
be provided by law.
Art. XIII. Social Justice and Human Rights
Section 3.
The State shall promote the principle of shared
responsibility between workers and employers
and the preferential use of voluntary modes in
settling disputes, including conciliation, and
shall enforce their mutual compliance
therewith to foster industrial peace.
The State shall regulate the relations between
workers and employers, recognizing the right of
labor to its just share in the fruits of production
and the right of enterprises to reasonable
returns to investments, and to expansion and
growth.
Basic Principles
Article 211. Declaration of policy. A. It is the policy of
the State:
(a) To promote and emphasize the primacy of free
collective bargaining and negotiations, including
voluntary arbitration, mediation and conciliation, as
modes of settling labor or industrial disputes;
(b) To promote free trade unionism as an instrument for
the enhancement of democracy and the promotion of
social justice and development;
(c) To foster the free and voluntary organization of a
strong and united labor movement;
(d) To promote the enlightenment of workers
concerning their rights and obligations as union
members and as employees;
Basic Principles
Article 211. Declaration of policy.
(e) To provide an adequate administrative
machinery for the expeditious settlement of
labor or industrial disputes;
(f) To ensure a stable but dynamic and just
industrial peace; and
(g) To ensure the participation of workers in
decision and policy-making processes
affecting their rights, duties and welfare.
Basic Principles
Article211. Declaration of policy.
B. To encourage a truly democratic method of
regulating the relations between the
employers and employees by means of
agreements freely entered into through
collective bargaining, no court or
administrative agency or official shall have
the power to set or fix wages, rates of pay,
hours of work or other terms and conditions of
employment, except as otherwise provided
under this Code.
Basic Principles
ART.275. Tripartism, Tripartite Conferences,
and Tripartite Industrial Peace Councils. (a)
Tripartism in labor relations is hereby declared
a State policy. Towards this end, workers and
employers shall, as far as practicable, be
represented in decision and policy-making
bodies of the government.
Asamended by R.A. 10395, AN ACT

STRENGTHENING TRIPARTISM, March 14, 2013
Basic Principles
ART. 275. Tripartism, Tripartite Conferences,
and Tripartite Industrial Peace Councils.
(b) The Secretary of Labor and Employment or his duly
authorized representatives may from time to time call a
national, regional, or industrial tripartite conference of
representatives of government, workers and
employers, and other interest groups as the case may
be, for the consideration and adoption of voluntary
codes of principles designed to promote industrial
peace based on social justice or to align labor
movement relations with established priorities in
economic and social development. In calling such
conference, the Secretary of Labor and Employment
may consult with accredited representatives of workers
and employers.
Basic Principles
(c) A National Tripartite Industrial Peace Council
(NTIPC) shall be established, headed by the
Secretary of Labor and Employment, with
twenty (20) representatives each from the labor
and employers sectors to be designated by the
President at regular intervals. For this purpose, a
sectoral nomination, selection, and recall
process shall be established by the DOLE in
consultation with the sectors observing the
most representative organization criteria of ILO
Convention No. 144.
Basic Principles
(c) x x x xxx xxx
Tripartite Industrial Peace Councils (TIPCs) at
the regional or industry level shall also be
established with representatives from
government, workers and employers to serve
as a continuing forum for tripartite advisement
and consultation in aid of streamlining the
role of government, empowering workers
and employers organizations, enhancing
their respective rights, attaining industrial
peace, and improving productivity.
Basic Principles
ART. 275. Tripartism, Tripartite Conferences, and
Tripartite Industrial Peace Councils.
(c) x x x x x x x x x
The TIPCs shall have the following functions:
(1) Monitor the full implementation and
compliance of concerned sectors with the
provisions of all tripartite instruments, including
international conventions and declarations,
codes of conduct, and social accords;
(2) Participate in national, regional or industry-
specific tripartite conferences which the President
or the Secretary of Labor and Employment may
call from time to time;
Basic Principles
(c) xxx xxx xxx
xxx xxx xxx
(3) Review existing labor, economic and social
policies and evaluate local and international
developments affecting them;
(4) Formulate, for submission to the President or to
Congress, tripartite views, recommendations and
proposals on labor, economic, and social
concerns, including the presentation of tripartite
positions on relevant bills pending in Congress;
Basic Principles
(c) xxx xxx xxx
xxx xxx xxx
(5) Advise the Secretary of Labor and
Employment in the formulation or implementation
of policies and legislation affecting labor and
employment;
(6) Serve as a communication channel and a
mechanism for undertaking joint programs
among government, workers, employers and their
organizations toward enhancing labor-
management relations; and
Basic Principles
(c) xxx xxx xxx
xxx xxx xxx
(7) Adopt its own program of activities and rules,
consistent with development objectives.
All TIPCs shall be an integral part of the

organizational structure of the NTIPC.
The operations of all TIPCs shall be funded from
the regular budget of the DOLE.
Labor Standards
Contracting
Kinds of Employment
Statutory Benefits
----------------------------
Dispute Settlement
Employer-Employee
Relationship
Byoperation of law
Not by parties agreement
Not dependent on compensation
Not determined by Art. 280 standards
Art. 212 DEFINITIONS
(e) "Employer" includes any person acting in the
interest of an employer, directly or indirectly. The
term shall not include any labor organization or
any of its officers or agents except when acting
as employer.
(f) "Employee" includes any person in the employ

of an employer. The term shall not be limited to
the employees of a particular employer, unless
this Code so explicitly states. It shall include any
individual whose work has ceased as a result of
or in connection with any current labor dispute or
because of any unfair labor practice if he has not
obtained any other substantially equivalent and
regular employment.
Art. 280 is NOT the basis of
ER-EE; BUT a test for
REGULAR EMPLOYMENT
Article 280. Regular and casual employment.
The provisions of written agreement to the
contrary notwithstanding and regardless of the
oral agreements of the parties, an
employment shall be deemed to be regular
where the employee has been engaged to
perform activities which are usually necessary
or desirable in the usual business or trade of
the employer X X X.
Control
Guidelines indicative of labor law
control, should not merely relate to
the mutually desirable result intended
by the contractual relationship; they
must have the nature of dictating the
means or methods to be employed in
attaining the result, or of fixing the
methodology and of binding or
restricting the party hired to the use of
these means.
Tongko v. Manufacturers Life Insurance (GR

167622, June 29, 2010 & January 25, 2011)
Officer vs. Employee
A position must be expressly mentioned in the
By-Laws in order to be considered as a
corporate office. Thus, the creation of an
office pursuant to or under a By-Law enabling
provision is not enough to make a position a
corporate office.
The criteria for distinguishing between
corporate officers who may be ousted from
office at will, on one hand, and ordinary
corporate employees who may only be
terminated for just cause, on the other hand,
do not depend on the nature of the services
performed, but on the manner of creation of
the office.
Matling Industrial v. Coros, October 13, 2010
Talents
Production assistants,
drivers/cameramen, security guards, are
NOT talents
They are employees
Television and Production Exponents v. Servaa,

January 28, 2008
ABS-CBN Broadcasting Corp. v. Nazareno, Sept.
26, 2006
Fulache v. ABS-CBN, January 21, 2010
Dual Juridical Relationship
Under the boundary-hulog scheme
incorporated in the Kasunduan, a dual
juridical relationship was created
between petitioner and respondent:
that of employer-employee and
vendor-vendee. The Kasunduan did
not extinguish the employer-employee
relationship of the parties extant before
the execution of said deed.
Villamaria v. CA, April 19, 2006

Apprentice
Article 58. Definition of terms. As used in this Title:
(a) "Apprenticeship" means practical training on the
job supplemented by related theoretical instruction.
(b) 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.
(c) An "apprenticeable occupation" means any trade,
form of employment or occupation which requires
more than three months of practical training on the job
supplemented by related theoretical instruction.
(d) "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.
Apprentice
Article72. 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 a requisite for graduation or
board examination.
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 months.
Women Workers
Article 138. Classification of certain women
workers. Any woman who is permitted or
suffered to work with or without
compensation in any night club, cocktail
lounge, massage clinic, bar or similar
establishment, under the effective control or
supervision of the employer for a substantial
period of time as determined by the
Secretary of Labor and Employment, shall be
considered as an employee of such
establishments for purposes of labor and
social legislation.
Labor Standards
Contracting
Kinds of Employment
Statutory Benefits
----------------------------
Dispute Settlement
Contracting
Section 3, D.O. 18-A, 2011
Contracting or Subcontracting refers to

an arrangement whereby
a principal
agrees to put out or farm out
with a contractor
the performance or completion of a specific
job, work or service
within a definite or predetermined period,
regardless of whether such job, work or
service is to be performed or completed
within or outside the premises of the principal.
Contracting
Section 5. D.O. No. 18-A, 2011
Trilateral relationship in contracting arrangements;
Solidary liability. In legitimate contracting or
subcontracting arrangement there exists:
(a) An employer-employee relationship between
the contractor and the employees it engaged to
perform the specific job, work or service being
contracted; and
(b) A contractual relationship between the
principal and the contractor as governed by the
provisions of the Civil Code.
xxx xxx xxx
Trilateral Relationship
THREE (3) parties:
PRINCIPAL
CONTRACTOR
EMPLOYEES
TWO (2) contracts

Contract for a specific job, work or service
between the PRINCIPAL and the CONTRACTOR
Contract of employment between the
CONTRACTOR and the EMPLOYEES
Regulating Contracting
Article 106. Contractor or sub-contractor. X X X
The Secretary of Labor and Employment may, by
appropriate regulations, restrict or prohibit the
contracting out of labor to protect the rights of
workers established under this Code. In so
prohibiting or restricting, he may make appropriate
distinctions between labor-only contracting and job
contracting as well as differentiations within these
types of contracting, and determine who among
the parties involved shall be considered the
employer for purposes of this Code, to prevent any
violation or circumvention of any provision of this
Code.
Regulating Contracting
Guiding principles. Contracting and
subcontracting arrangements are
expressly allowed by law and are subject
to regulations for the promotion of
employment and the observance of the
rights of workers to just and humane
conditions of work, security of tenure, self-
organization and collective bargaining.
Labor-only contracting as defined herein
shall be prohibited.
Labor-Only Contracting
Article
106. Contractor or sub-contractor. X X
X XXX XXX
There is "labor-only" contracting where the
person supplying workers to an employer
does not have substantial capital or
investment in the form of tools, equipment,
machineries, work premises, among others,
and the workers recruited and placed by
such person are performing activities which
are directly related to the principal business of
such employer.
Article106. Contractor or sub-contractor. X X
X XXX XXX
Insuch cases, the person or intermediary
shall be considered merely as an agent of
the employer who shall be responsible to the
workers in the same manner and extent as if
the latter were directly employed by him.
Legitimate Contracting
Legitimate contracting or subcontracting. Contracting
or subcontracting shall be legitimate if all the following
circumstances concur:
(a) The contractor must be registered in accordance
with these Rules and carries a distinct and independent
business and undertakes to perform the job, work or
service on its own responsibility, according to its own
manner and method, and free from control and
direction of the principal in all matters connected with
the performance of the work except as to the results
thereof;
(b) The contractor has substantial capital and/or
investment; and
(c) The Service Agreement ensures compliance with all
the rights and benefits under Labor Laws.
Labor-only contracting is hereby declared
prohibited. For this purpose, labor only
contracting shall refer to an arrangement where:
(a) the contractor does not have substantial
capital or investments in the form of tools,
equipment, machineries, work premises, among
others, and the employees recruited and placed
are performing activities which are usually
necessary or desirable to the operation of the
company, or directly related to the main business
of the principal within a definite or predetermined
period, regardless of whether such job, work or
service is to be performed or completed within or
outside the premises of the principal; or
Labor-only contracting is hereby declared
prohibited. For this purpose, labor only
contracting shall refer to an arrangement
where:
(b)The contractor does not exercise the right
to control over the performance of the work
of the employee.
Substantial Capital
(l) Substantial capital refers to paid-up
capital stocks/shares of at least Three Million
Pesos (P3,000,000.00) in the case of
corporations, partnerships and cooperatives;
in the case of single proprietorship, a net
worth of at least Three Million Pesos
(P3,000,000.00).
Possession by contractor of
substantial capital NOT ENOUGH
Mere compliance with substantial capital requirement
will not suffice for a contractor to be considered a
legitimate contractor. If the workers supplied by the
contractor work alongside the principals regular
employees who are performing identical work, such is
an indicium of labor-only contracting.
It is the totality of the facts and the surrounding
circumstances of the case which is determinative of the
parties relationship. Several factors may be
considered, such as, whether the contractor was
carrying on an independent business; the nature and
extent of the work; the skill required; the term and
duration of the relationship; the right to assign the
performance of specified pieces of work; the control
and supervision of the workers the power of the
employer with respect to the hiring, firing and payment
of the workers of the contractor; the control of the
premises; the duty to supply premises, tools,
appliances, materials and labor; and the mode,
manner and terms of payment.
Coca-Cola Bottlers v. Agito, February 13, 2009
Right to Control
(i) Right to control refers to the right
reserved to the person for whom the services
of the contractual workers are performed, to
determine not only the end to be achieved,
but also the manner and means to be used
in reaching that end.
Section 27. D.O. No. 18-A, 2011
A finding by competent authority of labor-only
contracting shall render the principal jointly and
severally liable with the contractor to the latters
employees, in the same manner and extent that
the principal is liable to the employees directly
hired by him/her, as provided in Article 106 of the
Labor Code, as amended.
A finding of commission of any of the prohibited
activities in Section 7, or violation of either Section
8 or 9 hereof, shall render the principal the direct
employer of the employees of the contractor or
subcontrator, pursuant to Article 109 of the Labor
Code, as amended.
Mandatory Registration
Section 14. Mandatory Registration and Registry
of Legitimate Contractors. Consistent with the
authority of the Secretary of Labor and
Employment to restrict or prohibit the contracting
out of labor to protect the rights of workers, it shall
be mandatory for all persons or entities, including
cooperatives, acting as contractors to register
with the Regional Office of the Department of
Labor and Employment (DOLE) where it
principally operates.
Failure to register shall give rise to the
presumption that the contractor is engaged in
labor-only contracting.
Registration
A contractors Certificate of Registration is
not sufficient proof that it is an
independent contractor. A Certificate of
Registration issued by the Department of
Labor and Employment is not conclusive
evidence of such status.
The fact of registration simply prevents the
legal presumption of being a mere labor-
only contractor from arising.
Babas v. Lorenzo Shipping, December 15, 2010 (citing
San Miguel Corporation v. Semillano, Mondejas,
Remada, Alilgilan Multi-Purpose Coop (AMPCO), and
Policarpio)
Liability for Wages
Article 106. Contractor or sub-contractor.
Whenever an employer enters into a contract with
another person for the performance of the former's
work, the employees of the contractor and of the
latter's sub-contractor, if any, shall be paid in
accordance with the provisions of this Code.
In the event that the contractor or sub-contractor
fails to pay the wages of his employees in
accordance with this Code, the employer shall be
jointly and severally liable with his contractor or
sub-contractor to such employees to the extent of
the work performed under the contract, in the
same manner and extent that he is liable to
employees directly employed by him.
Solidary Liability
Article 109. Solidary liability. The provisions
of existing laws to the contrary
notwithstanding, every employer or
indirect employer shall be held
responsible with his contractor or
subcontractor for any violation of any
provision of this Code. For purposes of
determining the extent of their civil liability
under this Chapter, they shall be
considered as direct employers.
Solidary Liability
Trilateral relationship in contracting arrangements;
Solidary liability. In the event of any violation of any
provision of the Labor Code, including the failure to pay
wages, there exists a solidary liability on the part of the
principal and the contractor for purposes of enforcing
the provisions of the Labor Code and other social
legislation, to the extent of the work performed under
the employment contract.
However, the principal shall be deemed the direct
employer of the contractors employee in cases where
there is a finding by a competent authority of labor-only
contracting, or commission of prohibited activities as
provided in Section 7, or a violation of either Sections 8
or 9 hereof.
Prohibitions
Other Prohibitions. Notwithstanding Section 6 of these

Rules, the following are hereby declared prohibited
for being contrary to law or public policy:
A. Contracting out of jobs, works or services when
not done in good faith and not justified by the
exigencies of the business such as the following:
(1) Contracting out of jobs, works or services when
the same results in the termination or reduction of
regular employees and reduction of work hours or
reduction or splitting of the bargaining unit.
(2) Contracting out of work with a Cabo.
Prohibitions
Other Prohibitions.
(3) Taking undue advantage of the economic situation
or lack of bargaining strength of the contractors
employees, or undermining their security of tenure or
basic rights, or circumventing the provisions of regular
employment, in any of the following instances:
(i) Requiring them to perform functions which are currently
being performed by the regular employees of the principal;
and
(ii) Requiring them to sign, as a precondition to employment
or continued employment, an antedated resignation letter; a
blank payroll; a waiver of labor standards including minimum
wages and social or welfare benefits; or a quitclaim releasing
the principal, contractor or from any liability as to payment of
future claims.
Prohibitions
Other Prohibitions.
(4) Contracting out of a job, work or service through an
in-house agency.

(f) In-house agency refers to a contractor which is
owned, managed, or controlled directly or indirectly by
the principal or one where the principal
owns/represents any share of stock, and which
operates solely or mainly for the principal.
Prohibitions
Other Prohibitions.
(5) Contracting out of a job, work or service that is
necessary or desirable or directly related to the
business or operation of the principal by reason of a
strike or lockout whether actual or imminent.
(6) Contracting out of a job, work or service being

performed by union members when such will interfere
with, restrain or coerce employees in the exercise of
their rights to self-organization as provided in Art. 248
(c) of the Labor Code, as amended.
Prohibitions
Other Prohibitions.
(7) Repeated hiring of employees under an
employment contract of short duration or under a
Service Agreement of short duration with the same
or different contractors, which circumvents the Labor
Code provisions on Security of Tenure.
(8) Requiring employees under a subcontracting

arrangement to sign a contract fixing the period of
employment to a term shorter than the term of the
Service Agreement, unless the contract is divisible into
phases for which substantially different skills are
required and this is made known to the employee at
the time of engagement.
Prohibitions
Other Prohibitions.
(9) Refusal to provide a copy of the Service Agreement
and the employment contracts between the contractor
and the employees deployed to work in the bargaining
unit of the principals certified bargaining agent to the
sole and exclusive bargaining agent (SEBA).
(10) Engaging or maintaining by the principal of

subcontracted employees in
excess of those provided for in the applicable
Collective Bargaining
Agreement (CBA) or as set by the Industry Tripartite
Council (ITC).
Prohibitions
Other Prohibitions.
B. Contracting out of jobs, works or services analogous
to the above when not done in good faith and not
justified by the exigencies of the business.
Rights of Employees
Rights of contractors employees. All contractors
employees, whether deployed or assigned as reliever,
seasonal, week-ender, temporary, or promo jobbers,
shall be entitled to all the rights and privileges as
provided for in the Labor Code, as amended, to include
the following:
(a) Safe and healthful working conditions;
(b) Labor standards such as but not limited to service incentive leave, rest days,
overtime pay, holiday pay, 13th month pay, and separation pay as may be
provided in the Service Agreement or under the Labor Code;
(c) Retirement benefits under the SSS or retirement plans of the contractor, if
there is any;
(d) Social security and welfare benefits;
(e) Self-organization, collective bargaining and peaceful concerted activities;
and
(f) Security of tenure.
Contracts
Required contracts under these Rules.
(a) Employment contract between the contractor and its
employee. Notwithstanding any oral or written stipulations to
the contrary, the contract between the contractor and its
employee shall be governed by the provisions of Articles 279
and 280 of the Labor Code, as amended. It shall include the
following terms and conditions:
i. The specific description of the job, work or service to be
performed by the employee;
ii. The place of work and terms and conditions of employment,
including a statement of the wage rate applicable to the
individual employee; and
iii. The term or duration of employment that must be co-
extensive with the Service Agreement or with the specific
phase of work for which the employee is engaged.
Coverage
Coverage. These Rules shall apply to all
parties of contracting and subcontracting
arrangements where employer-employee
relationships exist. It shall also apply to
cooperatives engaging in contracting or
subcontracting arrangements.
Contractors and subcontractors referred to in
these Rules are prohibited from engaging in
recruitment and placement activities as
defined in Article 13(b) of the Labor Code,
whether for local or overseas employment.
BPOs not covered
by D.O. 18-A, 2011
Section 3, Department Circular No. 1-2012
(V)endor-vendee relationship for entire business
processes covered by the applicable provisions
of the Civil Code on Contracts is excluded.
DO 18-A Series of 2011 contemplates generic or
focused singular activity in one contract between
the principal and the contractor (for example,
janitorial, security, merchandising, specific
production work) and does not contemplate
information technology-enabled services
involving an entire business processes (for
example, business process outsourcing,
hardware and/or software support, medical
transcription, animation services, back office
operations/support). X x x xxx xxx
Construction Industry not
covered by registration
mandated by D.O. 18-A
Section 4, Department Circular No. 1-2012
Thus, the DOLE, through its regional offices,
shall not require contractors licensed by
PCAB in the Construction Industry to register
under D.O. 18-A, Series of 2011. Moreover,
findings of violation/s on labor standards and
occupational health and safety standards
shall be coordinated with PCAB for its
appropriate action, including the possible
cancellation/suspension of the contractors
license.
Labor Standards
Contracting
Kinds of Employment
Statutory Benefits
----------------------------
Dispute Settlement
Regular Employee
The provisions of written agreement to the
contrary notwithstanding and regardless of the
oral agreements of the parties, an
employment shall be deemed to be regular
where the employee has been engaged to
perform activities which are usually necessary
or desirable in the usual business or trade of
the employer X X X.
Security of Tenure
Article 279. Security of Tenure. In case of
regular employment, the employer shall not
terminate the services of an employee except
for a just cause or when authorized by this Title.
XXX
Non-regular Employee
Article 280. Regular and casual employment. The
provisions of written agreement to the contrary
notwithstanding and regardless of the oral agreements
of the parties, an employment shall be deemed to be
regular where the employee has been engaged to
perform activities which are usually necessary or
desirable in the usual business or trade of the employer
except where the employment has been fixed for
a specific project or undertaking, the completion
or termination of which has been determined at
the time of the engagement of the employee or
where the work or service to be performed is
seasonal in nature and the employment is for the
duration of the season.
Casual Employee
XXX
An employment shall be deemed to be
casual if it is not covered by the preceding
paragraph: Provided, That any employee who
has rendered at least one year of service,
whether such service is continuous or broken,
shall be considered a regular employee with
respect to the activity in which he is
employed and his employment shall continue
while such activity exists.
Probationary Employee
Article 281. Probationary employment.
Probationary employment shall not exceed six
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.
Project Employment
Project could refer to one or the other of at least
two (2) distinguishable types of activities. Firstly, a
project could refer to a particular job or
undertaking that is within the regular or usual
business of the employer company, but which is
distinct and separate, and identifiable as such,
from the other undertakings of the company. Such
job or undertaking begins and ends at determined
or determinable times.
The term project could also refer to, secondly, a
particular job or undertaking that is not within the
regular business of the corporation. Such a job or
undertaking must also be identifiably separate
and distinct from the ordinary or regular business
operations of the employer. The job or undertaking
also begins and ends at determined or
determinable times. (Leyte Geothermal Power Progressive
Employees Union v. PNOC, March 30, 2011)
Project Employment
Ifthere is continuous rehiring
for the same tasks or nature of tasks
under different projects,
which tasks are vital, necessary and
indispensable to the usual business or
trade of the employer,
an employee who was initially hired as
a project employee may eventually
acquire regular status.
Labor Standards
Contracting
Kinds of Employment
Statutory Benefits
----------------------------
Dispute Settlement
Labor Standards
Contracting
Statutory Benefits
Wages
Wages
Article 97. Definitions.
XXX XXX XXX
(f) "Wage" paid to any employee shall mean the
remuneration or earnings, however designated,
capable of being expressed in terms of money,
whether fixed or ascertained on a time, task,
piece, or commission basis, or other method of
calculating the same, which is payable by an
employer to an employee under a written or
unwritten contract of employment for work done
or to be done or for services rendered or to be
rendered X X X
Wages
Article 97. Definitions.
XXX XXX XXX
(f) "Wage" X X X includes the fair and

reasonable value, as determined by the
Secretary of Labor and Employment, of board,
lodging or other facilities customarily furnished
by the employer to the employee. "Fair and
reasonable value" shall not include any profit to
the employer or to any person affiliated with the
employer.
Facilities vs. Supplements
Facility
for the benefit of the
employee or his/her family
Supplement for the benefit of the

employer
NOTE:THE NATURE OF THE ARTICLES OR

SERVICES IS NOT THE DETERMINING
FACTOR. A SERVICE MAY BE A FACILITY
OR A SUPPLEMENT DEPENDING ON WHO IS
PRIMARILY BENEFITTED.
Wage Fixing R.A. 6727
National
Wages and Productivity
Commission (NWPC):
national consultative and advisory body to
the President and Congress on matters
relating to wages, incomes, and
productivity
formulates policies and guidelines on
wages, incomes and productivity
improvement
DOES NOT set wage rates;
REVIEWS wage rates set by Regional Wage
Boards;
National
Wages and Productivity
Commission (NWPC):
COMPOSITION:
Secretary of Labor
Director General of NEDA
2 members representing workers
2 members representing employers
Executive Director
RegionalTripartite Wages and
Productivity Boards (RTWPB):
determines and fixes MINIMUM WAGE

RATES applicable in their regions,
provinces or industries
issues WAGE ORDERS

RegionalTripartite Wages and
Productivity Boards (RTWPB):
COMPOSITION:
Regional Director of DOLE
Regional Director of NEDA
Regional Director of DTI
2 members representing workers
2 members representing employers
Minimum Wage;
Not Across-the-board
Increase
Pursuant to its authority, the Regional
Wage Boards may issue wage orders
which set the daily minimum wage rates.
It has no authority to grant an across-the-

board wage increase.
Metropolitan Bank and Trust Company v. NWPC,

February 6, 2007
Two-Tiered Wage System
NWPC Guidelines No. 2, Series of 2012, Guidelines on
the Implementation of the Two-Tiered Wage System
Section 1. The Two-Tiered Wage System is an

approach to minimum wage setting which aims to
improve the coverage of minimum wages; promote
worker and enterprise productivity and; address the
negative effects of minimum wage policies.
Section 2. Definition of Terms

e. Two-Tiered Wage System refers to a pay system
consisting of:
1. minimum wage; and
2. incentive pay based on productivity
improvement and gainsharing
Wage Distortion
Article 124. x x x
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 wage distortions shall be
resolved through the grievance procedure
under their collective bargaining agreement
and, if it remains unresolved, through voluntary
arbitration.
Wage Distortion
Article 124. x x x
As used herein, a wage distortion shall mean a
situation where an increase in prescribed
wage rates results in the elimination or 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.
Form of Payment
Article 102. Forms of payment. No employer shall
pay the wages of an employee by means of
promisorry notes, vouchers, coupons, tokens,
tickets, chits or any object other than legal
tender, even when expressly requested by the
employee.
Payment of wages by check or money order
shall be allowed when such manner of payment
is customary on the date of effectivity of this
Code or is necessary because of special
circumstances as specified in appropriate
regulations to be issued by the Secretary of Labor
and Employment or is stipulated in a collective
bargaining agreement.
Form of Payment
Article 105. Direct payment of wages. Wages shall be
paid directly to the workers to whom they are due,
except:
(a) In cases of force majeure rendering such
payments impossible or under other special
circumstances to be determined by the Secretary of
Labor and Employment in appropriate regulations, in
which cases the worker may be paid through another
person under written authority given by the worker for
the purpose; or
(b) Where the worker has died, in which case the
employer may pay the wages of the deceased
worker to the heirs of the latter without the necessity of
intestate proceedings. The claimant, 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. X X
X XXX XXX
Time and Place of Payment
Article 103. Time of payment. Wages shall be paid at
least once every two weeks or twice a month at
intervals not exceeding sixteen days. If on account of
force majeure or circumstances beyond the
employer's control, payment of wages on or within the
time herein provided cannot be made, the employer
shall pay the wages immediately after such force
majeure or circumstances have ceased.
XXX XXX XXX
Article 104. Place of payment. Payment of wages shall

be made at or near the place of undertaking, except
as otherwise provided by such regulations as the
Secretary of Labor and Employment may prescribe
under conditions to ensure greater protection of
wages.
Prohibitions
Article 112. Non-interference in disposal of
wages.
Article 113. Wage deduction.
Article 114. Deposits for loss or damage.
Article 116. Withholding of wages and kickbacks
Article 117. Deduction to ensure employment.
Article 118. Retaliatory measures.
Article 119. False reporting.
Withholding of Wages
Management prerogative refers to the right
of an employer to regulate all aspects of
employment, such as the freedom to
prescribe work assignments, working
methods, processes to be followed, regulation
regarding transfer of employees, supervision
of their work, lay-off and discipline, and
dismissal and recall of work.
Although management prerogative refers to
the right to regulate all aspects of
employment, it cannot be understood to
include the right to temporarily withhold
salary/wages without the consent of the
employee. To sanction such an interpretation
would be contrary to Article 116 of the Labor
Code.
SHS Perforated Materials v. Diaz, October 13,

2010
Payment by Results
Article101. Payment by results. The Secretary
of Labor and Employment shall regulate the
payment of wages by results, including
pakyao, piecework and other non-time work,
in order to ensure the payment of fair and
reasonable wage rates, preferably through
time and motion studies or in consultation with
representatives of workers' and employers'
organizations.
Worker Preference
Article 110. Worker preference in case of
bankruptcy. In the event of bankruptcy or
liquidation of an employer's business, his
workers shall enjoy first preference as regards
their unpaid wages and other monetary
claims, any provision of law to the contrary
notwithstanding. Such unpaid wages and
monetary claims shall be paid in full before
the claims of the Government and other
creditors may be paid.
Labor Standards
Contracting
Statutory Benefits
Wages
Hours of Work
Hours of Work
Article83. Normal hours of work. The normal
hours of work of any employee shall not
exceed eight in a day.
Hours of Work
Article 83. Normal hours of work. The normal hours of work
of any employee shall not exceed eight in a day.
Health personnel in cities or municipalities with a
population of at least one million or in hospitals or
clinics with a bed capacity of at least one
hundred shall hold regular office hours for eight
hours a day, for five days a week, or a total of
forty hours a week, exclusive of time for meals,
except where the exigencies of the service
require that such personnel work for six days,
forty-eight hours, in which case they shall be
entitled to an additional compensation of at least
30 percent of their regular wage for work on the
sixth day.
For purposes of this Article, "health personnel" shall
include: resident physicians, nurses, nutritionists, dieticians,
pharmacists, social workers, laboratory technicians,
paramedical technicians, psychologists, midwives,
attendants and all other hospital or clinic personnel.
Hours of Work
Article 89. Emergency overtime work. Any employee may be
required by the employer to perform overtime work in any of
the following cases:
(a) When the country is at war or when any other national or
local emergency has been declared by Congress or the
Chief Executive;
(b) When it is necessary to prevent loss of life or property or in
case of imminent danger to public safety due to an actual or
impending emergency in the locality caused by serious
accidents, fire, flood, typhoon, earthquake, epidemic or
other disaster or calamity;
(c) When there is urgent work to be performed on machines,
installation or equipment, in order to avoid serious loss or
damage to the employer or some other cause of similar
nature;
(d) When the work is necessary to prevent loss or damage to
perishable goods;
(e) Where the completion or continuation of the work started
before the 8th hour is necessary to prevent serious
obstruction or prejudice to the business or operations of the
employer.
Hours Worked
Article84. Hours worked. Hours
worked shall include (a) all time
during which an employee is required
to be on duty or to be at a prescribed
workplace, and (b) all time during
which an employee is suffered or
permitted to work.
Rest periods of short duration during
working hours shall be counted as
hours worked.
Meal Period
Article 85. Meal periods. Subject to
such regulations as the Secretary of
Labor and Employment may
prescribe, it shall be the duty of every
employer to give his employees not
less than sixty minutes time-off for their
regular meals.
Meal Period
GENERAL RULE: not less than 1 hour time-off for
regular meals non-compensable
EXCEPTIONS: meal period of not less than 20
mins.:
Where the work is non-manual work in nature or
does not involve strenuous physical exertion
Where the establishment regularly operates not
less than 16 hours a day
In case of actual or impending emergencies or
there is urgent work to be performed on
machineries, equipment or installations to avoid
serious loss which the employer would otherwise
suffer
Where the work is necessary to prevent serious
loss of perishable good
Rest periods or coffee breaks
Overtime Pay
Article87. Overtime work. Work may be
performed beyond eight hours a day
provided that the employee is paid for the
overtime work an additional compensation
equivalent to his regular wage plus at least
twenty-five percent thereof.
Work performed beyond eight hours on a

holiday or rest day shall be paid an
additional compensation equivalent to the
rate for the first eight hours on a holiday or
rest day plus at least 30 percent thereof.
Overtime Pay
THUS:
25%OT PREMIUM for ORDINARY

DAYS
30% OT PREMIUM for EXTRA-

ORDINARY DAYS (Holidays/Special
Days/Rest Days)
Overtime Pay
Article90. Computation of additional
compensation. For purposes of computing
overtime and other additional remuneration
as required by this Chapter, the "regular
wage" of an employee shall include the
cash wage only, without deduction on
account of facilities provided by the
employer.
Offsetting Prohibited
Article 88. Undertime not offset by overtime.
Undertime work on any particular day shall
not be offset by overtime work on any other
day. Permission given to the employee to go
on leave on some other day of the week
shall not exempt the employer from paying
the additional compensation required in this
Chapter.
Night Shift Differential
Article 86. Night shift differential. Every
employee shall be paid a night shift
differential of not less than ten percent
of his regular wage for each hour of
work performed between ten o'clock
in the evening and six o'clock in the
morning.
Night Shift Differential
NIGHT SHIFT DIFFERENTIAL: 10%
TIME: 10 PM TO 6 AM
NOTE: Night Shift Differential is on top

of OVERTIME PREMIUM
Hours of Work - Coverage
Article 82. Coverage. The provision of this
Title shall apply to employees in all
establishments and undertakings, whether for
profit or not, but not to government
employees, managerial employees, field
personnel, members of the family of the
employer who are dependent on him for
support, domestic helpers, persons in the
personal service of another and workers who
are paid by results as determined by the
Secretary of Labor and Employment in
appropriate regulations.
Article 82. Coverage. X x x
As used herein, "managerial employees"
refers to those whose primary duty consists of
the management of the establishment in
which they are employed or of a department
or subdivision thereof, and to other officers or
members of the managerial staff.
Article 82. Coverage. X x x
"Field personnel" refers to non-agricultural
employees who regularly perform their duties
away from the principal place of business or
branch office of the employer and whose
actual hours of work in the field cannot be
determined with reasonable certainty.
FIELD PERSONNEL employees whose

performance of their job is not
supervised by the employer or its
representative, as the work is
performed outside the principal office
of the employer
- time and performance is
unsupervised by the employer
REPUBLIC ACT NO. 10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGHT
WORKERS, THEREBY REPEALING ARTICLES 130 AND
131 OF THE LABOR CODE
Article 130. Night work prohibition. No woman, regardless of
age, shall be employed or permitted or suffered to work,
with or without compensation:
(a) In any industrial undertaking or branch thereof between
ten o'clock at night and six o'clock in the morning of the
following day;
(b) In any commercial or non-industrial undertaking or
branch thereof, other than agricultural, between midnight
and six o'clock in the morning of the following day; or
(c) In any agricultural undertaking at night time unless she
is given a period of rest of not less than nine consecutive
hours.
Article 131. Exceptions. The prohibition prescribed by the
preceding Article shall not apply in any of the following
cases: X X X XXX XXX
REPUBLIC ACT NO. 10151
Art. 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 oclock 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.
Women Night Workers
Art. 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 which 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.
Women Night Workers
Art. 158. Women Night Workers. X X X
XXX
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.
Right to HEALTH ASSESSMENT
Art. 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
(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.
Right to ADEQUATE FACILITIES
Art. 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.
TRANSFER
Art. 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.
CONSULTATION
Art. 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.
Labor Standards
Contracting
Statutory Benefits
Wages
Hours of Work
Rest Period
Rest Day
Article91. Right to weekly rest day. (a) It
shall be the duty of every employer, whether
operating for profit or not, to provide each of
his employees a rest period of not less than
twenty-four consecutive hours after every six
consecutive normal work days.
Schedule of Rest Day
Article 91. Right to weekly rest day. (b) The
employer shall determine and schedule the
weekly rest day of his employees, subject to
collective agreement and to such rules and
regulations as the Secretary of Labor and
Employment may provide. However, the
employer shall respect the preference of
employees as to their weekly rest day when such
preference is based on religious grounds.
RULES: Where, however, the choice of the

employee as to his rest day based on religious
grounds will inevitably result in serious prejudice or
obstruction to the operations of the undertaking
and the employer cannot normally be expected to
resort to other remedial measures, the employer
may so schedule the weekly rest day of his choice
for at least two (2) days in a month.
Work on Rest Day
Article 92. When employer may require work on a rest day.
The employer may require his employees to work on any
day:
(a) In case of actual or impending emergencies caused by
serious accidents, fire, flood, typhoon, earthquake,
epidemic or other disaster or calamity to prevent loss of life
and property or imminent danger to public safety;
(b) In case of urgent work to be performed on the
machinery, equipment or installation to avoid serious loss
which the employer would otherwise suffer;
(c) In the event of abnormal pressure of work due to special
circumstances, where the employer cannot ordinarily be
expected to resort to other measures;
(d) To prevent loss or damage to perishable goods;
(e) Where the nature of the work requires continuous
operations and the stoppage of work may result in
irreparable injury or loss to the employer; and
(f) Under other circumstances analogous or similar to the
foregoing as determined by the Secretary of Labor and
Employment.
Work on Rest Day - Payment
Article 93. Compensation for rest day, Sunday or
holiday work. (a) Where an employee is made
or permitted to work on his scheduled rest day,
he shall be paid an additional compensation of
at least 30 percent of his regular wage. An
employee shall be entitled to such additional
compensation for work performed on Sunday
only when it is his established rest day.
(b) When the nature of the work of the employee

is such that he has no regular workdays and no
regular rest days can be scheduled, he shall be
paid an additional compensation of at least 30
percent of his regular wage for work performed
on Sundays and holidays.
XXX XXX XXX

Labor Standards
Contracting
Statutory Benefits
Wages
Hours of Work
Rest Period
Holidays
Holiday Pay
Article 94. Right to holiday pay. (a) Every
worker shall be paid his regular daily
wage during regular holidays, except in
retail and service establishment regularly
employing less than ten workers;
(b) The employer may require an
employee to work on any holiday but
such employee shall be paid a
compensation equivalent to twice his
regular rate; and
X X X XXX XXX
Holiday Pay
RULE IV, SECTION 6. Absences. (a) All covered
employees shall be entitled to the benefit provided
herein when they are on leave of absence with
pay. Employees who are on leave of absence
without pay on the day immediately preceding a
regular holiday may not be paid the required
holiday pay if he has not worked on such regular
holiday.
XXX XXX XXX
(c) Where the day immediately preceding the
holiday is a non-working day in the establishment
or the scheduled rest day of the employee, he shall
not be deemed to be on leave of absence on that
day, in which case he shall be entitled to the
holiday pay if he worked on the day immediately
preceding the non-working day or rest day.
Holiday Pay
RULE IV, SECTION 10. Successive regular holidays.
Where there are two (2) successive regular
holidays, like Holy Thursday and Good Friday, an
employee may not be paid for both holidays if he
absents himself from work on the day immediately
preceding the first holiday, unless he works on the
first holiday, in which case he is entitled to his
holiday pay on the second holiday.
Work on Special Day
Article
93. Compensation for rest day,
Sunday or holiday work.
X XX XXX XXX
(c) Work performed on any special holiday

shall be paid an additional compensation of
at least 30 percent of the regular wage of the
employee. Where such holiday work falls on
the employee's scheduled rest day, he shall
be entitled to an additional compensation of
at least 50 percent of his regular wage.
Holiday and Special Day
HOLIDAY SPECIAL DAY
NO WORK, WITH NO WORK, NO PAY

PAY
WITH WORK, WITH WORK,

DOUBLE PAY EXTRA PAY (30%
premium)
Holidays and Special Days
HOLIDAY SPECIAL DAY
New Years Day
Maundy Thursday
Good Friday
Ninoy Aquino Day
Araw ng Kagitingan All Saints Day
Labor Day Last Day of the Year
Independence Day
National Heroes Day
Bonifacio Day
Christmas
Rizal Day
Eidl Fitr
Eidl Adha
Labor Standards
Contracting
Statutory Benefits
Wages
Hours of Work
Rest Period
Holidays
Leaves
Service Incentive Leave
Article 95. Right to service incentive leave. (a)
Every employee who has rendered at least one
year of service shall be entitled to a yearly service
incentive leave of five days with pay.
(b) This provision shall not apply to those who are
already enjoying the benefit herein provided, those
enjoying vacation leave with pay at least five days
and those employed in establishments regularly
employing less than ten employees or in
establishments exempted from granting this benefit
by the Secretary of Labor after considering the
viability or financial condition of such
establishment.
(c) The grant of benefit in excess of that provided
herein shall not be made a subject of arbitration or
any court or administrative action.
RULEV, SECTION 5. Treatment of benefit.
The service incentive leave shall be
commutable to its money equivalent if not
used or exhausted at the end of the year.
Employees engaged on task or contract

basis or paid on purely commission basis
are not automatically exempted from the
grant of service incentive leave, unless,
they fall under the classification of field
personnel.
Serrano v. Severino Santos Transit, August 9, 2010

Maternity Leave
R.A. 1161, as amended by R.A. 8282
60 days for normal delivery

78 days for caesarian delivery
Married or unmarried
Paternity Leave
R.A. 8187
7 days
Married and cohabiting with the wife

Leave for VAWC victims
R.A. 9262
10 days for legal and medical concerns
As
the need arises, at the option of the
employee
VAWC victims (R.A. 9262)
VAWC refers to any act or a series of acts
committed by any person against a woman
who is his wife, former wife, or against a
woman with whom the person has or had a
sexual or dating relationship, or with whom he
has a common child, or against her child
whether legitimate or illegitimate, within or
without the family abode, which will result in
or is likely to result in physical, sexual,
psychological harm or suffering, or economic
abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary
deprivation of liberty.
Special Leave for Women
R.A. 9710
2 months with pay
Forgynecological disorders requiring

surgical procedure
Parental (Solo Parent) Leave
Section 8, R.A. 8972

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.
Who Are Solo Parents?
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
Parentleft solo/alone due to the following:
death of spouse
detention or service of sentence of spouse for
at least one (1) year
physical and/or mental incapacity of spouse
legal or de facto separation from spouse for
at least one (1) year
declaration of nullity or annulment of
marriage as decreed by a court or by a
church
abandonment of spouse for at least one (1)
year
Unmarried mother/father who preferred to
keep and rear her/his child/children
Any other person who solely provides parental
care and support to a child or children
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
Labor Standards
Contracting
Statutory Benefits
Wages
Hours of Work
Rest Period
Holidays
Leaves
13th Month Pay
13th Month Pay (P.D. 851)
All employers are required to pay their
rank and file employees thirteenth-month
pay, regardless of the nature of their
employment and irrespective of the
methods by which their wages are paid,
provided they worked for at least one (1)
month during a calendar year.
The thirteenth-month pay should be given
to the employees not later than
December 24 of every year.
Thethirteenth-month pay shall not be less
than one-twelfth (1/12)of the total basic
salary earned by an employee in a
calendar year.
The "basic salary" of an employee for the
purpose of computing the thirteenth-
month pay shall include all remunerations
or earnings paid by his or her employer
for services rendered. It does not include
allowances and monetary benefits which
are not considered or integrated as part
of the regular or basic salary, such as the
cash equivalent of unused vacation and
sick leave credits, overtime, premium,
night shift differential and holiday pay,
and cost of living allowance (COLA).
Service Charges
Article 96. Service charges. All service
charges collected by hotels, restaurants
and similar establishments shall be
distributed at the rate of 85 percent for all
covered employees and 15 percent for
management. The share of the
employees shall be equally distributed
among them. In case the service charge
is abolished, the share of the covered
employees shall be integrated into their
wages.
Labor Standards
Contracting
Kinds of Employment
Statutory Benefits
-----------------------------
Dispute Settlement
Security of Tenure
XXX
Security of Tenure
RULE XXIII Section 1. Security of tenure. -(a) In
cases of regular employment, the employer
shall not terminate the services of an
employee except for just or authorized causes
as provided by law, and subject to the
requirements of due process.
X XX XXX
Security of Tenure
RULE XXIII Section 1. Security of tenure.
X XX XXX
(b) The foregoing shall also apply in cases of
probationary employment; provided, however,
that in such cases, termination of employment
due to failure of the employee to qualify in
accordance with the standard of the employer
made known to the former at the time of
engagement may also be a ground for
termination of employment.
X XX XXX
Security of Tenure
RULE XXIII Section 1. Security of tenure.
XXX XXX
(c) In cases of project employment or
employment covered by legitimate contracting or
subcontracting arrangements, no employee shall
be dismissed prior to the completion of the project
or phase thereof for which the employee was
engaged, or prior to the expiration of the contract
between the principal and contractor, unless the
dismissal is for just or authorized cause subject to
the requirements of due process or prior notice, or
is brought about by the completion of the phase of
the project or contract for which the employee
was engaged.
Just Causes
Article 282. Termination by employer. An employer may
terminate an employment for any of the following just
causes:
(a) Serious misconduct or willful disobedience by the
employee of the lawful orders of his employer or
representative in connection with his work;
(b) Gross and habitual neglect by the employee of his
duties;
(c) Fraud or willful breach by the employee of the trust
reposed in him by his employer or duly authorized
representative;
(d) Commission of a crime or offense by the employee
against the person of his employer or any immediate
member of his family or his duly authorized representative;
and
(e) Other causes analogous to the foregoing.
Authorized Causes
Article 283. Closure of establishment and
reduction of personnel. The employer may
also terminate the employment of any
employee due to the installation of labor-
saving devices, redundancy, retrenchment to
prevent losses or the closing or cessation of
operation of the establishment or undertaking
unless the closing is for the purpose of
circumventing the provisions of this title X X X
Procedure Just Causes
Article 277. Miscellaneous provisions. X X X X X X
(b) Subject to the constitutional right of workers to
security of tenure and their right to be protected
against dismissal except for a just or authorized
cause and without prejudice to the requirement of
notice under Article 283 of this Code, the employer
shall furnish the workers whose employment is so
sought to be terminated a written notice
containing a statement of the cause for termination
and shall afford the latter ample opportunity to be
heard and to defend himself with the assistance of
his representative if he so desires in accordance
with company rules and regulations promulgated
pursuant to guidelines set by the Department of
Labor and Employment.
Procedure Just Causes
RULE XXIII Section 2.Standards of due process; requirements
of notice. X X X I.For termination of employment based on
just causes as defined in Article 282 of the Code:
(a) A written notice served on the employee specifying the
ground or grounds for termination, and giving to said
employee reasonable opportunity within which to explain
his side;
(b) A hearing or conference during which the employee
concerned, with the assistance of counsel if the employee
so desires, is given opportunity to respond to the charge,
present his evidence or rebut the evidence presented
against him; and
(c) A written notice of termination served on the employee
indicating that upon due consideration of all the
circumstances, grounds have been established to justify his
termination.
Preventive Suspension
RULE XXIII
Section 8.Preventive suspension. - The employer may
place the worker concerned under preventive
suspension if his continued employment poses a serious
and imminent threat to the life or property of the
employer or of his co-workers.
Section9.Period of suspension. - No preventive
suspension shall last longer than thirty (30) days.The
employer shall thereafter reinstate the worker in his
former or in a substantially equivalent position or the
employer may extend the period of suspension provided
that during the period of extension, he pays the wages
and other benefits due to the worker.In such case, the
worker shall not be bound to reimburse the amount paid
to him during the extension if the employer decides, after
completion of the hearing, to dismiss the worker.
Procedure Authorized
Causes
Article 283. Closure of establishment and reduction
of personnel. The employer may also terminate the
employment of any employee due to the
installation of labor-saving devices, redundancy,
retrenchment to prevent losses or the closing or
cessation of operation of the establishment or
undertaking unless the closing is for the purpose of
circumventing the provisions of this title, by serving
a written notice on the workers and the Department
of Labor and Employment at least one (1) month
before the intended date thereof.
Separation Pay
Article 283. Closure of establishment and reduction
of personnel. X X X X X X In case of
termination due to the installation of labor-saving
devices or redundancy, the worker affected thereby
shall be entitled to a separation pay equivalent to at
least one (1) month pay or to at least one (1) month
pay for every year of service, whichever is higher. In
case of retrenchment to prevent losses and in cases
of closures or cessation of operations of
establishment or undertaking not due to serious
business losses or financial reverses, the separation
pay shall be equivalent to one (1) month pay or at
least one-half (1/2) month pay for every year of
service, whichever is higher. A fraction of at least six
(6) months shall be considered one (1) whole year.
Procedure Probationary
Employees
Section 2, Rule I, Book VI: If the termination is
brought about by the completion of a
contract or phase thereof, or by failure of an
employee to meet the standards of the
employer in the case of probationary
employment, it shall be sufficient that a written
notice is served the employee, within a
reasonable time from the effective date of
termination.
Procedure
Article 277. Miscellaneous provisions. X X X
XXX
(b) X X X X X X Any decision taken by
employer shall be without prejudice to the
right of the worker to contest the validity or
legality of his dismissal by filing a complaint
with the regional branch of the National Labor
Relations Commission. The burden of proving
that the termination was for a valid or
authorized cause shall rest on the employer.
Suspension of Effects of
Termination
Article 277. Miscellaneous provisions. X X X
XXX
(b) X X X X X X The Secretary of Labor and
Employment may suspend the effects of the
termination pending resolution of the dispute
in the event of a prima facie finding by the
appropriate official of the Department of
Labor and Employment before whom such
dispute is pending that the termination may
cause a serious labor dispute or is in
implementation of a mass lay-off.
Disease
Article 284. Disease as ground for termination.
An employer may terminate the services of an
employee who has been found to be suffering
from any disease and whose continued
employment is prohibited by law or is
prejudicial to his health as well as the health of
his co-employees: Provided, That he is paid
separation pay equivalent to at least one
month salary or to one-half month salary for
every year of service, whichever is greater, a
fraction of at least six months being
considered as one whole year.
Strike
Article 264. Prohibited activities. (a) X X X
XXX
Any worker whose employment has been
terminated as a consequence of an unlawful
lockout shall be entitled to reinstatement with full
backwages. Any union officer who knowingly
participates in an illegal strike and any worker or
union officer who knowingly participates in the
commission of illegal acts during a strike may be
declared to have lost his employment right:
Provided, That mere participation of a worker in
a lawful strike shall not constitute sufficient
ground for termination of his employment, even
if a replacement had been hired by the
employer during such lawful strike.
Remedies
An employee who is unjustly dismissed from
work shall be entitled to reinstatement without
loss of seniority rights and to his backwages
computed from the time his compensation
was withheld from him up to time of his
reinstatement.
Resignation
Article285. Termination by employee. (a) An
employee may terminate without just cause
the employee-employer relationship by
serving a written notice on the employer at
least one month in advance. The employer
upon whom no such notice was served may
hold the employee liable for damages.
Resignation
Article 285. Termination by employee.
(b) An employee may put an end to the relationship
without serving any notice on the employer for any
of the following just causes:
(1) Serious insult by the employer or his
representative on the honor and person of the
employee;
(2) Inhuman and unbearable treatment accorded
the employee by the employer or his representative;
(3) Commission of a crime or offense by the
employer or his representative against the person of
the employee or any of the immediate members of
his family; and
(4) Other causes analogous to any of the foregoing.
Suspension of Operations
Article 286. When employment not deemed
terminated. The bonafide suspension of the
operation of a business or undertaking for a period
not exceeding six months, or the fulfillment by the
employee of a military or civic duty shall not
terminate employment. In all such cases, the
employer shall not reinstate the employee to his
former position without loss of seniority rights if he
indicates his desire to resume his work not later
than one month from the resumption of operations
of his employer or from his relief from the military
or civic duty.
Labor Standards
Contracting
Kinds of Employment
Statutory Benefits
-----------------------------
Dispute Settlement
Simple Money Claims
Article 129. Recovery of wages, simple money
claims and other benefits. Upon complaint of
any interested party, the Regional Director of the
Department of Labor and Employment or any of
the duly authorized hearing officers of the
Department is empowered, through summary
proceeding and after due notice, to hear and
decide any matter involving the recovery of
wages and other monetary claims and benefits,
including legal interest, owing to an employee
or person employed in domestic or household
service or househelper under this Code, arising
from employer-employee relations: Provided,
That such complaint does not include a claim for
reinstatement: Provided, further, That the
aggregate money claims of each employee or
househelper do not exceed five thousand pesos
(P5,000).
XXX XXX XXX
Money Claims
Article 217. Jurisdiction of Labor Arbiters and the
Commission. (a) Except as otherwise provided under this
Code, the Labor Arbiters shall have original and exclusive
jurisdiction to hear and decide, x x x xxx xxx
the following cases involving all workers, whether
agricultural or non-agricultural:
XXX XXX XXX
(3) If accompanied with a claim for reinstatement, those

cases that workers may file involving wages, rate of pay,
hours of work and other terms and conditions of
employment;
XXX XXX XXX
(6) Except claims for employees compensation, social

security, medicare and maternity benefits, all other claims
arising from employer-employee relations, including those
of persons in domestic or household service, involving an
amount exceeding five thousand pesos (P5,000.00),
whether or not accompanied with a claim for
reinstatement.
Visitorial and Enforcement
Article128. Visitorial and enforcement
powers. (a) The Secretary of Labor and
Employment or his duly authorized
representatives, including labor regulations
officers, shall have access to employer's
records and premises at any time of the day
or night whenever work is being undertaken
therein, and the right to copy therefrom, to
question any employee and to investigate
any fact, condition or matter which may be
necessary to determine violations or which
may aid in the enforcement of this Code and
of any labor law, wage order or rules and
regulations issued pursuant thereto.
X XX XXX XXX
Visitorial and Enforcement
Article 128. Visitorial and enforcement powers. X X X
XXX
(b) The provisions of Article 217 of this Code to the
contrary notwithstanding and in cases where the
relationship of employer-employee still exists, the
Secretary of Labor and Employment or his duly
authorized representatives shall have the power to
order and administer, after due notice and hearing,
compliance with the labor standards provisions of this
Code and other labor legislation based on the findings
of labor regulation officers or industrial safety engineers
made in the course of inspection, and to issue writs of
execution to the appropriate authority for the
enforcement of their order, except in cases where the
employer contests the findings of the labor regulation
officer and raises issues which cannot be resolved
without considering evidentiary matters that are not
verifiable in the normal course of inspection.
Art. 129 - APPEAL
Article
129. Recovery of wages, simple
money claims and other benefits.
X XX XXX XXX
Any decision or resolution of the Regional

Director or hearing officer pursuant to this
provision may be appealed on the same
grounds provided in Article 223 of this Code,
within five (5) calendar days from receipt of a
copy of said decision or resolution, to the
National Labor Relations Commission which
shall resolve the appeal within ten (10)
calendar days from the submission of the last
pleading required or allowed under its rules.
Penalty for Non-Payment of
Correct Wages (R.A. 8188)
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 RA 6727, shall be
punished by a fine of not less than Twenty-
five Thousand Pesos (P25,000.00) nor more
than One Hundred Thousand Pesos
(P100,000.00) 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 hereof shall not be entitled
to the benefits provided for under the
Probation Law.
Indemnity for Non-Payment of
Correct Wages (R.A. 8188)
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 hereof.
Stoppage of Work
Article 128. Visitorial and enforcement powers. X
XXXXX
(c) The Secretary of Labor and Employment may
likewise order stoppage of work or suspension of
operations of any unit or department of an
establishment when non-compliance with the
law or implementing rules and regulations poses
grave and imminent danger to the health and
safety of workers in the workplace. Within
twenty-four hours, a hearing shall be conducted
to determine whether an order for the stoppage
of work or suspension of operations shall be lifted
or not. In case the violation is attributable to the
fault of the employer, he shall pay the
employees concerned their salaries or wages
during the period of such stoppage of work or
suspension of operation.
No Injunction
Article 128. Visitorial and enforcement
powers. X X X X X X
(d) It shall be unlawful for any person or entity
to obstruct, impede, delay or otherwise
render ineffective the order of the Secretary
of Labor and Employment or his duly
authorized representatives issued pursuant to
the authority granted under this Article, and
no inferior court or entity shall issue
temporary or permanent injunction or
restraining order or otherwise assume
jurisdiction over any case involving the
enforcement orders issued in accordance
with this Article.
LABOR ARBITER
Article 217. Jurisdiction of Labor Arbiters and the
Commission. (a) Except as otherwise provided
under this Code, the Labor Arbiters shall have
original and exclusive jurisdiction to hear and
decide, x x x x x x x x x the following cases
involving all workers, whether agricultural or non-
agricultural:
XXX XXX XXX
(1) Unfair labor practice cases;
(2) Termination disputes;
XXX XXX XXX
(4) Claims for actual, moral, exemplary and other
forms of damages arising from the employer-
employee relations;
(5) Cases arising from any violation of Article 264
of this Code, including questions involving the
legality of strikes and lockouts; and
XXX XXX XXX
LABOR ARBITER - APPEAL
Article217. Jurisdiction of Labor
Arbiters and the Commission.
X X X XXX XXX
(b) The Commission shall have
exclusive appellate jurisdiction over
all cases decided by Labor Arbiters.
Article 223. Appeal. Decisions, awards, or orders
of the Labor Arbiter are final and executory unless
appealed to the Commission by any or both
parties within ten (10) calendar days from receipt
of such decisions, awards, or orders. Such appeal
may be entertained only on any of the following
grounds:
(a) If there is prima facie evidence of abuse of
discretion on the part of the Labor Arbiter;
(b) If the decision, order or award was secured
through fraud or coercion, including graft and
corruption;
(c) If made purely on questions of law; and
(d) If serious errors in the findings of facts are
raised which would cause grave or irreparable
damage or injury to the appellant.
XXX XXX XXX
Article223. Appeal.
X XX XXX XXX
In case of a judgment involving a monetary
award, an appeal by the employer may be
perfected only upon the posting of a cash or
surety bond issued by a reputable bonding
company duly accredited by the
Commission in the amount equivalent to the
monetary award in the judgment appealed
from.
Article 223. Appeal.
X XX XXX XXX
In any event, the decision of the Labor Arbiter
reinstating a dismissed or separated
employee, insofar as the reinstatement
aspect is concerned, shall immediately be
executory, even pending appeal. The
employee shall either be admitted back to
work under the same terms and conditions
prevailing prior to his dismissal or separation
or, at the option of the employer, merely
reinstated in the payroll. The posting of a
bond by the employer shall not stay the
execution for reinstatement provided herein.
NLRC
Article223. Appeal.
X XX XXX XXX
The Commission shall decide all cases within
twenty (20) calendar days from receipt of the
answer of the appellee.
The decision of the Commission shall be final
and executory after ten (10) calendar days
from receipt thereof by the parties.
Any law enforcement agency may be
deputized by the Secretary of Labor and
Employment or the Commission in the
enforcement of decisions, awards, or orders.
EXECUTION
Article 224. Execution of decisions, orders, or awards.
(a) The Secretary of Labor and Employment or any
Regional Director, the Commission or any Labor Arbiter
or Med-Arbiter, or the voluntary arbitrator or panel of
voluntary arbitrators may, motu proprio or on motion of
any interested party, issue a writ of execution on a
judgment within five (5) years from the date it
becomes final and executory, requiring a sheriff or a
duly deputized officer to execute or enforce final
decisions, orders or awards of the Secretary of Labor
and Employment or Regional Director, the
Commission, or the Labor Arbiter or Med-Arbiter, or
voluntary arbitrator or panel of voluntary arbitrators. In
any case, it shall be the duty of the responsible officer
to separately furnish immediately the counsel of
record and the parties with copies of said decisions,
orders or awards. Failure to comply with the duty
prescribed herein shall subject such responsible officer
to appropriate administrative sanctions.
EXECUTION
Article 224. Execution of decisions, orders, or
awards.
X XX XXX XXX
(b) The Secretary of Labor and Employment,
and the Chairman of the Commission may
designate special sheriffs and take any
measure under existing laws to ensure
compliance with their decisions, orders or
awards and those of Labor Arbiters and
voluntary arbitrators or panel of voluntary
arbitrators, including the imposition of
administrative fines which shall not be less
than five hundred pesos (P500.00) nor more
than ten thousand pesos (P10,000.00).
SECRETARY CONTEMPT
POWERS
Article225. Contempt powers of the
Secretary of Labor and Employment. In the
exercise of his powers under this Code, the
Secretary of Labor and Employment may
hold any person in direct or indirect
contempt and impose the appropriate
penalties therefor.
LABOR ARBITER - GRIEVANCE
Article 217. Jurisdiction of Labor Arbiters and
the Commission.
X XX XXX XXX
(c) Cases arising from the interpretation or
implementation of collective bargaining
agreements and those arising from the
interpretation or enforcement of company
personnel policies shall be disposed of by the
Labor Arbiter by referring the same to the
grievance machinery and voluntary
arbitration as may be provided in said
agreements.
Voluntary Arbitrator
Article 261. Jurisdiction of voluntary arbitrators and
panel of voluntary arbitrators. The voluntary arbitrator
or panel of voluntary arbitrators shall have original and
exclusive jurisdiction to hear and decide all
unresolved grievances arising from the interpretation
or implementation of the collective bargaining
agreement and those arising from the interpretation or
enforcement of company personnel policies referred
to in the immediately preceding Article.
XXX XXX
The Commission, its Regional Offices and the Regional
Directors of the Department of Labor and Employment
shall not entertain disputes, grievances or matters
under the exclusive and original jurisdiction of the
voluntary arbitrator or panel of voluntary arbitrators
and shall immediately dispose and refer the same to
the grievance machinery or voluntary arbitration
provided in the collective bargaining agreement.
Article262. Jurisdiction over other labor
disputes. The voluntary arbitrator or panel of
voluntary arbitrators, upon agreement of the
parties, shall also hear and decide all other
labor disputes including unfair labor practices
and bargaining deadlocks.
Article 262-A. Procedures. The voluntary arbitrator or panel of voluntary
arbitrators shall have the power to hold hearings, receive evidences
and take whatever action is necessary to resolve the issue or issues
subject of the dispute, including efforts to effect a voluntary settlement
between parties.
All parties to the dispute shall be entitled to attend the arbitration
proceedings. The attendance of any third party or the exclusion of any
witness from the proceedings shall be determined by the voluntary
arbitrator or panel of voluntary arbitrators. Hearings may be adjourned
for cause or upon agreement by the parties.
Unless the parties agree otherwise, it shall be mandatory for the
voluntary arbitrator or panel of voluntary arbitrators to render an award
or decision within twenty (20) calendar days from the date of
submission of the dispute to voluntary arbitration.
The award or decision of the voluntary arbitrator or panel of voluntary
arbitrators shall contain the facts and the law on which it is based. It
shall be final and executory after ten (10) calendar days from receipt of
the copy of the award or decision by the parties.
Upon motion of any interested party, the voluntary arbitrator or panel of
voluntary arbitrators or the Labor Arbiter in the region where the movant
resides, in case of the absence or incapacity of the voluntary arbitrator
or panel of voluntary arbitrators for any reason, may issue a writ of
execution requiring either the sheriff of the Commission or regular courts
or any public official whom the parties may designate in the submission
agreement to execute the final decision, order or award.
Article 262-B. Cost of voluntary arbitration and
voluntary arbitrator's fee. The parties to a collective
bargaining agreement shall provide therein a
proportionate sharing scheme on the cost of
voluntary arbitration including the voluntary
arbitrator's fee. The fixing of fee of voluntary
arbitrators or panel of voluntary arbitrators,
whether shouldered wholly by the parties or
subsidized by the Special Voluntary Arbitration
Fund, shall take into account the following factors:
(a) Nature of the case;
(b) Time consumed in hearing the case;
(c) Professional standing of the voluntary arbitrator;
(d) Capacity to pay of the parties; and
(e) Fees provided for in the Revised Rules of Court.
BLR
Article 226. Bureau of Labor Relations. The Bureau
of Labor Relations and the labor relations divisions
in the regional offices of the Department of Labor
and Employment shall have original and exclusive
authority to act, at their own initiative or upon
request of either or both parties, on all inter-union
and intra-union conflicts, and all disputes,
grievances or problems arising from or affecting
labor-management relations in all workplaces
whether agricultural or non-agricultural, except
those arising from the implementation or
interpretation of collective bargaining agreements
which shall be the subject of grievance procedure
and/or voluntary arbitration.
The Bureau shall have fifteen (15) calendar days to
act on labor cases before it, subject to extension
by agreement of the parties.
Prescription
Article 290. Offenses. Offenses penalized
under this Code and the rules and regulations
issued pursuant thereto shall prescribe in
three years.
All unfair labor practices arising from Book V
shall be filed with the appropriate agency
within one year from accrual of such unfair
labor practice; otherwise, they shall be
forever barred.
Prescription
Article 291. Money claims. All money claims
arising from employer-employee relations
accruing during the effectivity of this Code
shall be filed within three years from the time
the cause of action accrued; otherwise they
shall be forever barred.
Technical Rules Not Binding
Article 221. Technical rules not binding and
prior resort to amicable settlement. In any
proceeding before the Commission or any of
the Labor Arbiters, the rules of evidence
prevailing in courts of law or equity shall not
be controlling, and it is the spirit and intention
of this Code that the Commission and its
members and the Labor Arbiters shall use
every and all reasonable means to ascertain
the facts in each case speedily and
objectively, without regard to technicalities of
law or procedure, all in the interest of due
process.
Appearance of non-lawyers
Article 222. Appearances and fees.
(a) Non-lawyers may appear before the
Commissioner or any Labor Arbiter only:
1. If they represent themselves; or
2. If they represent their organization or
members thereof.
Mandatory Conciliation
Article 228. Mandatory Conciliation and Endorsement of
Cases. (a) Except as provided in Title VII-A, Book V of
this Code, as amended, or as may be excepted by the
Secretary of Labor and Employment, all issues arising
from labor and employment shall be subject to
mandatory conciliation-mediation. The labor arbiter or
the appropriate DOLE agency or office that has
jurisdiction over the dispute shall entertain only endorsed
or referred cases by the duly authorized officer.
(b) Any or both parties involved in the dispute may pre-
terminate the conciliation-mediation proceedings and
request referral or endorsement to the appropriate DOLE
agency or office which has jurisdiction over the dispute,
or if both parties so agree, refer the unresolved issues to
voluntary arbitration.
(As amended by R.A. 10396, March 14, 2013)

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Atty. Marlon J.

Asamended by R.A. 10395, AN ACT

All TIPCs shall be an integral part of the

(f) "Employee" includes any person in the employ

Tongko v. Manufacturers Life Insurance (GR

Television and Production Exponents v. Servaa,

Villamaria v. CA, April 19, 2006

Contracting or Subcontracting refers to

TWO (2) contracts

Other Prohibitions. Notwithstanding Section 6 of these

Section 3. D.O. No. 18-A, 2011

(6) Contracting out of a job, work or service being

(8) Requiring employees under a subcontracting

(10) Engaging or maintaining by the principal of

(f) "Wage" X X X includes the fair and

Supplement for the benefit of the

NOTE:THE NATURE OF THE ARTICLES OR

determines and fixes MINIMUM WAGE

issues WAGE ORDERS

It has no authority to grant an across-the-

Metropolitan Bank and Trust Company v. NWPC,

Section 1. The Two-Tiered Wage System is an

Section 2. Definition of Terms

Article 104. Place of payment. Payment of wages shall

SHS Perforated Materials v. Diaz, October 13,

Work performed beyond eight hours on a

25%OT PREMIUM for ORDINARY

30% OT PREMIUM for EXTRA-

NOTE: Night Shift Differential is on top

FIELD PERSONNEL employees whose

RULES: Where, however, the choice of the

(b) When the nature of the work of the employee

XXX XXX XXX

(c) Work performed on any special holiday

HOLIDAY SPECIAL DAY

NO WORK, WITH NO WORK, NO PAY

WITH WORK, WITH WORK,

Employees engaged on task or contract

Serrano v. Severino Santos Transit, August 9, 2010

R.A. 1161, as amended by R.A. 8282

60 days for normal delivery

Married and cohabiting with the wife

10 days for legal and medical concerns

2 months with pay

Forgynecological disorders requiring

Section 8, R.A. 8972

A woman who gives birth as a result of

(3) If accompanied with a claim for reinstatement, those

(6) Except claims for employees compensation, social

Any decision or resolution of the Regional

The employer concerned shall be ordered to

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