The Labor Code of the Philippines Study Guide

A comprehensive set of 100 flashcards covering the key provisions, definitions, and legal requirements outlined in the 2022 DOLE Edition of the Labor Code of the Philippines.

What is the official name of the decree established by Presidential Decree No. 442 of 1974?

Labor Code of the Philippines

On what date did the Labor Code of the Philippines take effect?

November 1, 1974

According to Article 3, what are the four rights of workers that the State shall assure?

Self-organization, collective bargaining, security of tenure, and just and humane conditions of work

How should doubts in the implementation and interpretation of the Labor Code's provisions be resolved?

In favor of labor

Within how many days do the implementing rules and regulations of the Code become effective after announcement?

$15$ days

To which type of workers do the rights and benefits granted under the Code apply, according to the general rule in Article 6?

All workers, whether agricultural or non-agricultural

Under Article 8, what is the farm size limit for a tenant-farmer on non-irrigated land primarily devoted to rice and corn?

$5$ hectares

Under Article 8, what is the farm size limit for a tenant-farmer on irrigated land primarily devoted to rice and corn?

$3$ hectares

How is the value of land determined for transfer to a tenant-farmer under Article 9?

Equivalent to $2.5$ times the average harvest of $3$ normal crop years immediately preceding October 21, 1972

What is the annual interest rate for the cost of land paid by a tenant in amortizations under Article 9?

$6\%$ per annum

In how many years must a tenant-farmer pay the total cost of land according to Article 9?

$15$ years of $15$ equal annual amortizations

What is the mandatory condition for a tenant-farmer to actually be issued a title to land under Article 10?

He must become a full-fledged member of a duly recognized farmers' cooperative

Who is defined as a 'worker' under Article 13?

Any member of the labor force, whether employed or unemployed

What number of persons must be offered employment for a fee to be deemed engaged in 'recruitment and placement'?

$2$ or more persons

What is a 'Private fee-charging employment agency'?

Any person or entity engaged in recruitment and placement of workers for a fee charged from workers or employers or both

What is the difference between a 'license' and an 'authority' under Article 13?

A license is for operating a private employment agency, while an authority is for a private recruitment entity that does not charge fees

Who is defined as a 'Seaman' under the Labor Code?

Any person employed in a vessel engaged in maritime navigation

What is an 'Emigrant' according to Article 13?

Any person or worker who emigrates to a foreign country by virtue of an immigrant visa or resident permit

Which office assumed the domestic employment functions of the Bureau of Employment Services?

Bureau of Local Employment

Which organization was created to protect the rights of Filipino workers for overseas employment and regulate private sector participation?

Philippine Overseas Employment Administration (POEA)

What is the rule regarding 'direct-hiring' of Filipino workers for overseas employment under Article 18?

No employer may hire a Filipino worker for overseas employment except through Boards and entities authorized by the Secretary of Labor

Which entities are exempted from the ban on direct-hiring under Article 18?

Members of the diplomatic corps, international organizations, and other employers allowed by the Secretary of Labor

What is the current name of the 'Welfare and Training Fund for Overseas Workers'?

Overseas Workers Welfare Administration (OWWA)

What is the role of labor attachés regarding contracts involving Filipino workers under Article 21?

To verify and certify that terms and conditions are in accordance with the Labor Code and rules of the OEDB and NSB

Is it mandatory for Filipino workers abroad to remit a portion of their foreign exchange earnings?

Yes, it is mandatory to remit a portion to their families, dependents, and/or beneficiaries

Who is prohibited from engaging in the business of recruitment and placement of workers for overseas employment under Article 26?

Travel agencies and sales agencies of airline companies

What is the citizenship requirement for participating in the recruitment and placement of workers under Article 27?

Only Filipino citizens or entities with at least $75\%$ of authorized and voting capital stock owned by Filipino citizens

Are licenses or authorities for recruitment transferable under Article 29?

No, they cannot be used by any person other than the one to whom they were issued, nor transferred, conveyed, or assigned

When can a private fee-charging employment agency charge a fee to a worker?

Only after the worker has obtained employment through its efforts or has actually commenced employment

Under Article 34, is it legal for a recruiter to induce a worker already employed to quit in favor of another?

It is unlawful unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment

What constitutes 'illegal recruitment' by a syndicate under Article 38?

If carried out by a group of $3$ or more persons conspiring and/or confederating with one another

What constitutes 'illegal recruitment' in large scale under Article 38?

If committed against $3$ or more persons individually or as a group

What is the penalty for illegal recruitment that constitutes economic sabotage?

Life imprisonment and a fine of $\text{P}100,000.00$

From whom must a non-resident alien obtain a permit before starting employment in the Philippines?

From the Department of Labor

Under Article 44, what is the definition of 'Manpower'?

The portion of the nation's population which has actual or potential capability to contribute to the production of goods and services

What is 'Apprenticeship' as defined in Article 58?

Practical training on the job supplemented by related theoretical instruction

What is the minimum age to qualify as an apprentice under Article 59?

At least $14$ years of age (modified by RA $9231$ to generally $15$)

What is the maximum duration of an apprenticeship period under Article 61?

It shall not exceed $6$ months

What is the minimum wage rate for an apprentice in a program approved by the Minister of Labor?

Not below $75\%$ of the applicable minimum wage

Who is responsible for providing aptitude tests in the selection of apprentices?

The employers or entities with duly recognized apprenticeship programs

Are apprentices without compensation allowed according to Article 72?

Yes, if the training on the job is required by the school curriculum or as a requisite for graduation or board exam

What are 'Learners' under Article 73?

Trainees in semi-skilled and other industrial occupations which are non-apprenticeable and can be learned in a relatively short period

What is the maximum duration of the learnership period?

It shall not exceed $3$ months

What is the wage rate for learners under Article 75?

Not less than $75\%$ of the applicable minimum wage

What is the definition of 'Handicapped workers' in Article 78?

Those whose earning capacity is impaired by age or physical or mental deficiency or injury

What is the minimum wage for handicapped workers under an employment agreement?

Not less than $75\%$ of the applicable legal minimum wage

To which group do the provisions of Title I, Book Three (Hours of Work) NOT apply?

Government employees, managerial employees, field personnel, family members of the employer, domestic helpers, and workers paid by results

What are 'Field personnel' under Article 82?

Non-agricultural employees who perform duties away from the office and whose actual hours of work cannot be determined with reasonable certainty

What are the normal hours of work for an employee?

They shall not exceed $8$ hours a day

How many hours per day and days per week must health personnel in large cities or hospitals work?

$8$ hours a day for $5$ days a week, exclusive of time for meals

What additional compensation are health personnel entitled to if they work for $6$ days ($48$ hours) due to exigencies?

At least $30\%$ of their regular wage for work on the sixth day

Do short rest periods during working hours count as hours worked?

Yes, they are counted as hours worked

What is the minimum duration of the meal period for employees?

Not less than $60$ minutes time-off for regular meals

What is the 'Night-shift differential' rate under Article 86?

Not less than $10\%$ of the regular wage for each hour between $10$ PM and $6$ AM

What is the compensation for overtime work on a regular day?

Regular wage plus at least $25\%$ thereof

What is the compensation for overtime work performed on a holiday or rest day?

The rate of the first $8$ hours on that day plus at least $30\%$ thereof

Can undertime work on one day be offset by overtime work on another day?

No, undertime shall not be offset by overtime

In what cases can an employee be required to perform emergency overtime work?

War, emergency, to prevent loss of life/property, urgent machine work, or to prevent loss to perishable goods

What is the mandatory weekly rest period for an employee?

Not less than $24$ consecutive hours after every $6$ consecutive normal work days

Under what condition must an employer respect an employee's preference for a weekly rest day?

When such preference is based on religious grounds

What is the additional compensation for an employee made to work on their scheduled rest day?

At least $30\%$ of their regular wage

What is the compensation for work performed on a special holiday that also falls on a scheduled rest day?

At least $50\%$ of the regular wage

Which establishments are exempted from the 'Right to Holiday Pay' under Article 94?

Retail and service establishments regularly employing less than $10$ workers

What is the compensation for an employee required to work on a regular holiday?

Twice their regular rate ($200\%$)

How many days of yearly service incentive leave is an employee entitled to after one year of service?

$5$ days with pay

How must service charges collected by hotels and restaurants be distributed according to Article 96?

Completely and equally among covered workers except managerial employees

Under Article 97, what does 'Wage' include besides money?

The fair and reasonable value of board, lodging, or other facilities customarily furnished by the employer

Who prescribes the minimum wage rates for agricultural and non-agricultural employees in each region?

Regional Tripartite Wages and Productivity Boards

What is the general rule against the elimination of benefits in Article 100?

Benefits being enjoyed at the time of the Code's promulgation shall not be diminished

What is the only prohibited form of wage payment according to Article 102?

Promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender

How frequently must wages be paid?

At least once every $2$ weeks or twice a month at intervals not exceeding $16$ days

Where must the payment of wages be made?

At or near the place of undertaking

What is the exception for paying wages directly to the worker under Article 105?

In cases of force majeure, or where the worker has died, in which case payment is made to heirs

When is 'labor-only' contracting present?

When the contractor lacks substantial capital/investment and the workers perform activities directly related to the principal business of the employer

In case of bankruptcy, what preference do workers' wages and monetary claims have?

They enjoy first preference and must be paid in full before claims of the government or other creditors

What is the limit for attorney's fees in cases of unlawful withholding of wages?

They shall not exceed $10\%$ of the amount of wages recovered

Name three allowable wage deductions under Article 113.

Worker insurance with consent, union dues with authorization, or as authorized by law/regulations

What constitutes a 'wage distortion' under Article 124?

A situation where a wage increase eliminates or severely contracts qualitative differences in salary rates between employee groups

Within what amount must a money claim be for the Regional Director to hear it under summary proceedings?

Not exceeding $\text{P}5,000.00$ and not including a claim for reinstatement

What specific facilities must an employer provide for women employees under Article 130?

Proper seats, separate toilet rooms and lavatories, and a nursery in the workplace

Is it lawful for an employer to stipulate that a woman employee shall not get married?

No, it is unlawful to require a condition that a woman employee shall not get married or to dismiss her due to marriage

What is the 'Minimum employable age' according to Article 137?

No child below $15$ years shall be employed, except under parental responsibility and if it doesn't interfere with schooling

What is the definition of 'Domestic or household service'?

Service in the employer's home necessary for maintenance and personal comfort (includes family drivers)

How is a 'Night worker' defined under Article 154?

A person working at night during a period of not less than $7$ consecutive hours, including the interval from midnight to $5$ AM

What medical benefit is mandatory for workers before and during a night work assignment?

The right to a health assessment without charge

According to Article 163, if there are more than $300$ employees, what medical staff must the employer furnish?

A full-time physician, dentist, full-time registered nurse, dental clinic, and an infirmary

What does the State Insurance Fund cover in terms of disability or death?

Work-connected disability or death

What are the three grounds for limitation of liability of the State Insurance Fund under Article 178?

Employee's intoxication, willful intention to injure/kill oneself or another, or notorious negligence

What does 'Strike' mean as defined in Article 219?

Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute

What does 'Lockout' mean as defined in Article 219?

Any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute

Who is an 'unrepresentative' or 'rank-and-file' employee compared to a 'managerial' one?

One not vested with powers to lay down management policies or effectively recommend such actions

How many members compose the National Labor Relations Commission (NLRC)?

A Chairman and $23$ members

Which employees are ineligible to join any labor organization under Article 255?

Managerial employees

What is the rule regarding supervisory employees and rank-and-file unions?

They may not join rank-and-file units but may form separate units; both unions may join the same federation

Within what period is the 'freedom period' before the expiration of a collective bargaining agreement?

The $60$-day period before expiration

What is the duration of the representation aspect of a Collective Bargaining Agreement (CBA)?

$5$ years

What constitutes a 'gross violation' of a CBA for purposes of being treated as an unfair labor practice?

Flagrant and/or malicious refusal to comply with economic provisions

What is the cooling-off period required for a notice of strike in cases of bargaining deadlocks?

$30$ days

What is the cooling-off period required for a notice of strike in cases of unfair labor practice?

$15$ days

What vote is required to declare a strike?

A majority of total union membership in the bargaining unit, obtained by secret ballot