LABOR CODE OF THE PHILIPPINES - KEY VOCABULARY (Pre-Employment to Post-Employment)

Vocabulary flashcards capturing key terms and their concise definitions from the Philippine Labor Code as presented in the notes.

Recruitment and placement

An act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, including referrals, contract services, promising or advertising for employment.

Private fee-charging employment agency

A person or entity engaged in recruitment and placement of workers for a fee charged directly or indirectly from the workers or from employers or both.

Private Recruitment Entity

An entity engaged in recruitment and placement of workers without charging any fee from workers or employers.

Overseas employment

Employment outside of the Philippines.

Emigrant

A person who emigrates to a country by virtue of an immigrant visa or resident permit.

Non-resident alien

A foreign national employed in the Philippines who requires an employment permit; transfer to another job or employer is prohibited without prior approval of the Secretary of Labor.

Employment permit

A document issued by the Department of Labor authorizing the employment of a non-resident alien.

Submission of List (non-resident aliens)

Employers employing non-resident foreign nationals must submit a list within 30 days with names, citizenship, addresses, nature of employment, and status of stay.

National Manpower Development Program

A program to develop human resources, establish training institutions, formulate plans, and promote efficient allocation of manpower.

Apprenticeship

Practical on-the-job training supplemented by related theoretical instruction, under a written apprenticeship agreement.

Apprenticeable Occupation

Any trade or occupation requiring more than 3 months of practical training on the job plus related instruction.

Apprenticeship agreement

A contract wherein the employer trains the apprentice and the apprentice accepts the terms of training.

Apprentice qualifications

At least 14 years old, vocational aptitude, and ability to understand and follow instructions.

Employment of Apprentices

Only employers in highly technical industries may employ apprentices in approved apprenticeable occupations.

Learners

Trainees in semi-skilled or non-apprenticeable occupations; training not exceeding 3 months; may be employed when no experienced workers are available.

Handicapped workers

Workers with impaired earning capacity who may be employed if necessary to prevent curtailment of employment opportunities and if no unfair competition is created; may be apprentices or learners if not impairing job performance.

Managerial Employees

Employees whose primary duty is the management of the establishment or a department.

Field Personnel

Non-agricultural employees who regularly perform duties away from the principal place of business.

Overtime

Work beyond the regular 8 hours per day; compensated at regular wage plus at least 25%.

Night-Shift Differential

Premium pay of not less than 10% of regular wage for hours between 10:00 PM and 6:00 AM.

Weekly Rest Day

A rest period of not less than 24 consecutive hours after every 6 consecutive normal workdays, scheduled in consideration of collective bargaining agreements.

Holidays

Specified holidays with rules for pay; holiday work may require double (or higher) pay depending on rest days and special holidays.

Service Incentive Leave

Five days of paid service incentive leave after at least 1 year of service; exemptions apply for certain establishments.

Service charges

Service charges collected by hotels/restaurants are distributed with 85% to covered employees and 15% to management.

Wages

Regional minimum wages; payment by results; forms of payment; time/place of payment; direct payment to workers.

Time of Payment

Wages must be paid at least once every 2 weeks or twice a month, with intervals not exceeding 16 days.

Place of Payment

Payment of wages shall be made at or near the place of undertaking.

Direct Payment of Wages

Wages paid directly to workers, with limited exceptions (force majeure or payment to heirs after death in specified cases).

Deductions from Wages

Deductions allowed only with consent for insurance premiums, union dues (check-off), or when authorized by law.

Deposits for Loss or Damage

No deductions for loss or damage unless recognized practice; deductions must follow hearing and clear responsibility.

Solidary Liability

Employer and indirect employer are jointly and severally liable with the contractor/subcontractor for wage violations.

Posting of Bond

Employers may require contractors/subcontractors to post a bond to cover labor costs under the contract.

Househelpers (Domestic workers)

Domestic service defined; contracts may be renewed; special wage, education, and welfare provisions apply.

Domestic Service Contract

Original contract for domestic service not to exceed 2 years, renewable by agreement.

Board, lodging, and medical attendance

Employer must provide suitable living quarters, meals, and medical attendance for househelpers.

Employment of Minors

Minimum employable age; restrictions on hours and hazardous work; no employment below 15 except under parental/guardian responsibility.

Minimum Employable Age

No child below 15 may be employed; ages 15-18 have limited hours and restrictions; hazardous work prohibited for under 18.

Employment of Women

Facilities for women's safety/health; maternity leave; prohibition of gender-based discrimination in terms and conditions.

Maternity Leave

Pregnant employee with ≥6 months service is entitled to at least 2 weeks before delivery and 4 weeks after delivery with full pay; extended leave under illness.

Discrimination against women

Unlawful to discriminate against a woman in terms, conditions, or opportunities of employment on account of sex.

Probationary Employment

A probation period not exceeding 6 months (unless under apprenticeship); may terminate for just cause or if not regularized.

Termination for just causes

Serious misconduct, willful disobedience, gross neglect, fraud, crime, or analogous causes as grounds for termination.

Retirement age

Retirement generally at age 60 (compulsory at 65); specific provisions for certain occupations.

Separation pay

Payable upon closure, retrenchment, redundancy, or other retrenchments; typically at least 1 month pay or 1 month per year of service.

PHILRACOM

A retirement-related designation included in the Labor Code with a stated age reference (55 years in notes).