LABOR CODE OF THE PHILIPPINES

Presidential Decree No. 442 or Labor Code of the Philippines

A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE

Presidential Decree No. 442

This Decree shall be known as the "Labor Code of the Philippines"

President Ferdinand E. Marcos

Presidential Decree No. 442 AS AMENDED May 1, 1974 under the administration of:

Worker

means any member of the labor force, whether employed or unemployed.

Recruitment and placement

refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not

Private fee-charging employment agency

means any person or entity engaged in recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both.

License

means a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency.

Private recruitment entity

means any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers.

Authority

means a document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity

Emigrant

means any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination.

Managerial employees

refer 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.

Field personnel

Shall refer 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.

Philippine Association of Legitimate Service Contractors

PALSCON

Government Service Insurance System

GSIS

National Labor Relations Commission

NLRC

International Labor Organization

ILO

Universal Declaration of Human Rights

UDHR

Unfair Labor Practices

• Actions by employers that violate workers’ rights

• Involve exploitation, discrimination, or unsafe conditions

• May be legal in some countries but ethically unacceptable

Common unfair practices in Transcultural Nursing

• Wage discrimination

• Withholding of documents (e.g., passports)

• Forced overtime or excessive hours

• Limited access to legal protection for migrant nurses

Bureau of Employment Services

shall be primarily responsible for developing and monitoring a comprehensive employment program

Overseas Employment Development Board

is hereby created to undertake, in cooperation with relevant entities and agencies, a systematic program for overseas employment of Filipino workers in excess of domestic needs and to protect their rights to fair and equitable employment practices.

Ban on Direct Hiring

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

eight (8)

Normal hours of work. The normal hours of work of any employee shall not exceed __ hours a day.

Art. 87. Overtime work.

Work may be performed beyond eight (8) 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 (25%) thereof.

Art. 89. Emergency overtime work

Any employee may be required by the employer to perform overtime work in emergency.

Forced Overtime (OT)

The Code allows compulsory OT only in limited cases (e.g., emergencies, urgent repairs to prevent damage/loss, national security/defense work). Outside of those, OT generally needs employee consent + proper premium. ([ChanRobles Law Firm][4])

Excessive Hours

DOLE’s Handbook and the Code’s standards on hours/rest/overtime are the baseline; consistent violations may be actionable via DOLE or NLRC.

ILO Standards

• C087: Freedom of Association

• C098: Right to Organize and Bargain Collectively

• C155: Occupational Safety and Health

UDHR Standards

• Article 23: Right to work and free choice of employment

• Article 24: Right to rest and leisure, including reasonable work hours

Philippine Labor Laws (as source country)

• Migrant Workers and Overseas Filipinos Act (RA 8042)

• POEA rules on legal overseas employment

• OWWA provides protection and support services

Philippine Oversees Employment Administration

POEA meaning

Employee benefits

• Art. 185 Medical services

• Art. 194 Death Benefits

• Disability benefits

1:3

PhilHealth contribution ratio

Back pay (backwages) and reinstatement

For illegal dismissal, standard remedies are "reinstatement" (or separation pay" if reinstatement is no longer viable) plus full backwages computed from dismissal until actual reinstatement or finality of the award, per the Labor Code and Supreme Court rulings. ([eLibrary][8])

Withholding documents / final pay & Certificate of Employment (COE)

• Final pay (last pay/back pay) must be released within 30 days from separation unless a more favorable policy/CA exists.

• COE must be issued within 3 days from request. (These are DOLE Labor Advisory No. 06-20 rules.)

RA 10911

Anti-Age Discrimination in Employment Act – bans age-based hiring/promotion/termination discrimination.

RA 11313

Safe Spaces Act – prohibits gender-based sexual harassment (including workplace environments).

RA 9710

Magna Carta of Women – mandates nondiscrimination and equal opportunities for women.

RA 7277

PWD Magna Carta – equal opportunity for persons with disability (employment).

Labor Arbiters/NLRC

Civil aspects are handled by ______; criminal liability needs a final judgment in the ULP case first.