Labor Code - Atty. Duka (Pt. 2)

Government Employees (Art. 291)

Covered by the Civil Service Law; government-owned and controlled corporations (GOCCs) without an original charter fall under the Labor Code, while those with an original charter fall under Civil Service.

Employees of International Organizations

Generally not covered if granted immunity from suit under an international treaty.

Employees of Local Water Districts

Quasi-GOCCs created by P.D. 198 that are covered by Civil Service.

Corporate Officers

Officers limited to the President, Secretary, and Treasurer of a corporation (and Vice Presidents only if explicitly designated in the constitution and by-laws); they are still entitled to benefits under the Magna Carta for Women.

License

A document issued by the Secretary of the Department authorizing a natural or juridical person or entity to operate a private recruitment or manning agency.

Recruitment Agency

Licensed entity engaged in the recruitment and placement of land-based Overseas Filipino Workers (OFWs).

Manning Agency

Licensed entity for the recruitment and placement of seafarers.

Simple Illegal Recruitment

Initiation of recruitment and placement activities without a license, punishable by 12 years and 1 day to 20 years imprisonment.

Economic Sabotage (Illegal Recruitment)

Illegal recruitment committed through syndicates or in large scale, carrying a penalty of life imprisonment and a fine of P2M to P5M.

Syndicated Illegal Recruitment

Illegal recruitment committed by three or more persons conspiring or confederating with one another.

Large-Scale Illegal Recruitment

Illegal recruitment committed against three or more persons recruited individually or as a group.

Employment Permit for Non-Resident Aliens

Required for foreign nationals working in the Philippines, granted only if no Filipino is competent, able, and willing at the time, requiring CVs, contracts, and at least two understudies for technology transfer.

Apprentice

A worker in an apprenticeable occupation undergoing 3 to 6 months of training mandated by a curriculum/board exam, paid not less than 75% of the minimum wage (or potentially no compensation), with no commitment to hire.

Learner

A worker in a semi-skilled, non-apprenticeable occupation undergoing learnership for up to 3 months when no experienced workers are available, paid at least 75% of the minimum wage, with a mandatory commitment to hire (illegal dismissal treats them as regular employees).

Field Personnel

Non-agricultural employees who perform tasks away from company premises and whose actual hours of work cannot be determined with reasonable certainty.

No Work, No Pay Policy

The principle of a fair day's wage for a fair day's labor; if no work is performed, no wage is due.

Overtime Work

Work rendered beyond the normal 8 hours, compensated with an additional 25% on ordinary days and 30% on holidays, rest days, or special holidays.

Premium Pay

Additional compensation of at least 30% for work performed within 8 hours on non-working days (rest days and special days), or 50% for special holidays falling on a rest day.

Undertime Not Offset by Overtime (Art. 88)

Undertime work on any day cannot be offset by overtime on another day, even by employee agreement.

Weekly Rest Day (Art. 91)

Entitlement to 24 consecutive hours of rest after six consecutive days of work.

Special Holidays (RA 9492)

Nationwide special non-working days (e.g., All Saints Day, Last Day of the Year, Ninoy Aquino Day, Immaculate Concepcion Day, plus proclamation days like Chinese New Year, EDSA Day, Black Saturday) yielding 30% premium pay, or 50% if falling on a rest day.

Regular Holiday Pay Rules

Regular holidays yield 100% pay if unworked, and 200% if worked (plus extra if falling on a rest day or overlapping with another regular holiday).

Service Charges

Fees collected by hotels/restaurants that must be completely and equally distributed among covered employees, excluding managerial staff.

Supplements

Extra remuneration, special privileges, or benefits given to laborers that cannot be deducted from wages.

Facilities

Items of expense necessary for a worker's and family's existence and subsistence that form part of the wage and can be deducted when furnished by the employer.

Company Practice / Diminution of Benefits

The principle that established company practices cannot be unilaterally diminished or removed (no fixed number of years is legally required to establish a practice).

Job Contractor / Independent Contractor

A contractor that carries a distinct business, has substantial capital/investment, and ensures compliance with labor, safety, and social welfare standards.

Labor-Only Contracting

A prohibited arrangement where a contractor lacks substantial capital, tools, or equipment, and the recruited workers perform activities directly related to the principal business (presumed by law unless proven otherwise with capital of at least P5M).

Wage Distortion

A situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative wage differences between employee groups.

Visitorial and Enforcement Power

Power of the Secretary of Labor to access premises at any time, copy records, question employees, and investigate violations.

Regional Director's Jurisdiction over Money Claims

Authority to recover wages and simple money claims if the claim arises from an employer-employee relationship, the claimant is no longer employed and not seeking reinstatement, and the aggregate amount does not exceed P5,000.

Sexual Harassment / Workplace Harassment

Prohibited in workplaces, education, and training environments; occurs when sexual favors are tied to employment/promotions or when hostile work environments are created through abuse of power (carries criminal, civil, and administrative liability).

Safe Spaces Act

Imposes a duty on employers to institute prevention, deterrence, and punishment programs for gender-based sexual harassment, with fines ranging from P5,000 to P15,000 for non-compliance.

Solo Parent Welfare Act (R.A. 11861)

Grants up to seven working days of parental leave every year to solo parent employees who have rendered at least one year of service.

Maternity Leave Benefits

Grants 105 days with full pay (extendable for 30 days without pay; 120 days for solo parents), plus 60 days paid leave for miscarriages, with options to allocate up to 7 days to the child's father.

Paternity Leave

Grants 7 days leave with pay for each delivery for the first 4 deliveries to a legally cohabiting father.

Magna Carta of Women

Prohibits dismissal for pregnancy out of wedlock or pregnancy in general, and grants women undergoing gynecological surgery (with at least 6 months of service) 2 months leave with full pay.