Labor Code of the Philippines

Worker

mean 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: Provided, That any person or entity which, in any manner, offers or promises for a fee, employment to two or more persons \n shall be deemed engaged in recruitment and placement.

Private fee-charging employment agency

means any person or entity engaged \n in recruitment and placement of workers for a fee which is charged, directly or \n 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.

Seaman

means any person employed in a vessel engaged in maritime navigation.

Overseas Employment

means employment of a worker outside the Philippines.

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.

Bureau of Employment Services

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

Art. 18. 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. Direct-hiring by members of the diplomatic corps, international organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision

National Seamen Board

Shall develop and maintain a comprehensive program for Filipino seamen employed overseas.

Art. 22. Mandatory remittance of foreign exchange earnings

It shall be mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families, dependents, and/or beneficiaries in the country in accordance with rules and regulations prescribed by the Secretary of Labor.

Art. 36. Regulatory Power

The Secretary of Labor shall have the power to restrict and regulate the recruitment and placement activities of all agencies within the coverage of this Title and is hereby authorized to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions of this Title.

Art. 37. Visitorial Power

The Secretary of Labor or his duly authorized representatives may, at any time, inspect the premises, books of accounts and records of any person or entity covered by this Title, require it to submit reports regularly on prescribed forms, and act on violation of any provisions of this Title.

Manpower

Shall mean that portion of the nation's population which has actual or potential capability to contribute directly to the production of goods and services.

Entrepreneurship

Shall mean training for self-employment or assisting individual or small industries within the purview of this Title.

Apprenticeship

Means practical training on the job supplemented by related theoretical instruction.

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

Apprenticeable Occupation

Means any trade, form of employment or occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction.

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.

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 (3) months.

Handicapped Workers

Are those whose earning capacity is impaired by age or physical or mental deficiency or injury.

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.

Person

Means an individual, partnership, association, corporation, business trust, legal representatives, or any organized group of persons.

Employer

Includes any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the government and all its branches, subdivisions and instrumentalities, all government-owned or controlled corporations and institutions, as well as non-profit private institutions, or organizations.

Employee

Includes any individual employed by an employer.

Employ

Includes to suffer or permit to work.

Wages

are hourly rate pay regulated by the Labor Standard of the department of labor and employment together with the national wages and productivity committee (NWPC)

Art. 103. Time of Payment

Wages shall be paid at least once every TWO (2) WEEKS or TWICE A MONTH at intervals not exceeding SIXTEEN (16) DAYS.

Art. 133. Maternity leave benefits.

Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of AT LEAST SIX (6) MONTHS FOR THE LAST TWELVE (12) MONTHS, MATERNITY LEAVE OF AT LEAST TWO (2) WEEKS PRIOR TO THE EXPECTED DATE OF DELIVERY AND ANOTHER FOUR (4) WEEKS AFTER NORMAL DELIVERY OR ABORTION WITH FULL PAY BASED ON HER REGULAR OR AVERAGE WEEKLY WAGES. The employer may require from any woman employee applying for maternity leave the production of a medical certificate stating that delivery will probably take place within two weeks. The maternity leave provided in this Article shall be paid by the employer only for the FIRST FOUR (4) DELIVERIES BY A Woman employee after the Effectivity of this Code. The maternity leave provided in this Article shall be paid by the employer only for the FIRST FOUR (4) DELIVERIES BY A Woman employee after the Effectivity of this Code.

Art. 135. Discrimination Prohibited

It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.

Art. 139. Minimum Employable Age

NO CHILD BELOW FIFTEEN (15) YEARS OF AGE SHALL BE EMPLOYED, EXCEPT WHEN HE WORKS DIRECTLY UNDER THE SOLE RESPONSIBILITY OF HIS PARENTS OR GUARDIAN, ANY PERSON BETWEEN FIFTEEN (15) AND EIGHTEEN (18) YEARS OF AGE MAY BE EMPLOYED FOR SUCH NUMBER OF HOURS AND SUCH PERIODS OF THE DAY, PROVISIONS SHALL IN NO CASE ALLOW THE EMPLOYMENT OF A PERSON BELOW EIGHTEEN (18) YEARS OF AGE IN AN UNDERTAKING WHICH IS HAZARDOUS OR DELETERIOUS IN NATURE

Domestic or Household Service

Shall mean service in the employer's home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employer's household, including services of family drivers.

Employer of Homeworkers

Includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person.

Code

Means the Labor Code of the Philippines instituted under Presidential Decree Numbered four hundred forty-two, as amended.

Commission

Means the Employees' Compensation Commission created under this Title.

SSS

Means the Social Security System created under Republic Act Numbered Eleven hundred sixty-one, as amended.

GSIS

Means the Government Service Insurance System created under Commonwealth Act Numbered One hundred eighty-six, as amended.

System

Means the SSS or GSIS, as the case may be.

Injury

Means any harmful change in the human organism from any accident arising out of and in the course of the employment.

Sickness

Means any illness definitely accepted as an occupational disease listed by the Commission, or any illness caused by employment subject to proof that the risk of contracting the same is increased by working conditions. For this purpose, the Commission is empowered to determine and approve occupational diseases and work-related illnesses that may be considered compensable based on peculiar hazards of employment.

Death

Means loss of life resulting from injury or sickness.

Disability

Means loss or impairment of a physical or mental function resulting from injury or sickness.

Compensation

Means all payments made under this Title for income benefits and medical or related benefits.

Income benefit

Means all payments made under this Title to the providers of medical care, rehabilitation services and hospital care.

Medical benefit

Means all payments made under this Title to the providers of medical care, rehabilitation services and hospital care.

Related benefit

Means all payments made under this Title for appliances and supplies.

Physician

Means any doctor of medicine duly licensed to practice in the Philippines, an active member in good standing of the Philippine Medical Association and accredited by the Commission.

Wages or Salary

in so far as they refer to the computation of benefits defined in Republic Act No. 1161, as amended, for SSS and Presidential Decree No. 1146, as amended, for GSIS, respectively, except that part in excess of Three Thousand Pesos.

Month Salary Credit

Means the wage or salary base for contributions as provided in Republic Act Numbered Eleven hundred sixty-one, as amended, or the wages or salary

Average Month Salary Credit

In the case of the SSS means the result obtained by dividing the sum of the monthly salary credits in the sixty-month period immediately following the semester of death or permanent disability by sixty (60), except where the month of death or permanent disability falls within eighteen (18) calendar months from the month of coverage, in which case, it is the result obtained by dividing the sum of all monthly salary credits paid prior to the month of contingency by the total number of calendar months of coverage in the same period.

Average Daily Salary Credit

\
In the case of the SSS means the result obtained by dividing the sum of the six (6) highest monthly salary credits in the twelve month period immediately preceding the semester of sickness or injury by one \\n hundred eighty (180), except where the month of injury falls within twelve (12) \\n calendar months from the first month of coverage, in which case it is the result \\n obtained by dividing the sum of all monthly salary credits by thirty (30) times \\n the number of calendar months of coverage in the period.

Quarter

Means a period of three (3) consecutive months ending on the last days of March, June, September and December.

Semester

Means a period of two consecutive quarters ending in the quarter of death, permanent disability, injury or sickness.

Replacement Ratio

The sum of twenty percent and the quotient obtained by dividing three hundred by the sum of three hundred forty and the average monthly salary credit

Monthly Income Benefit

Means the amount equivalent to one hundred fifteen percent of the sum of the average monthly salary credit multiplied by the replacement ratio, and one and a half percent of the average monthly salary credit for each credited year of service in excess of ten years: Provided, That the monthly income benefit shall in no case be less than two hundred fifty pesos.

Bureau

means the Bureau of Labor Relations and/or the Labor Relations Divisions in the regional offices established under Presidential Decree No. 1, in the dept of labor (art. 232)

Council

means the Tripartite Voluntary Arbitration Advisory Council established under Executive Order No. 126, as amended.

Legitimate Labor Organization

Means any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof

Company Union

Means any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by this code

Bargaining Representative

Means a legitimate labor organization whether or not employed by the employer

Unfair Labor Practice

Means any unfair labor practice as expressly defined by the Code.

Labor Dispute

Includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

Strike

Means any temporary stoppage of work by the concerted action of \n employees as a result of an industrial or labor dispute.

Lockout

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

Internal Union Dispute

Includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by laws of a union, including any violation of the rights and conditions of union membership provided for in this Code.

Striker Breaker

Means any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours or conditions of work or in the exercise of the right of self-organization or collective bargaining.

Strike Area

means the establishment, warehouses, depots, plants or offices, including the sites or premises used as runaway shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said establishment.

Art. 16. Private recruitment

Except as provided in Chapter II of this Title, no person or entity other than the public employment offices, shall engage in the recruitment and placement of workers.

normal hours of work of any employee

shall not exceed eight (8) hours a day

maternity leave benefits

at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages

Labor Code of the Philippines

stands as the law governing employment practices and labor relations in the Philippines. It prescribes the rules for hiring and termination of private employees; the conditions of work including maximum work hours and overtime; employee benefits such as holiday pay, thirteenth month pay and retirement pay; and the guidelines in the organization and membership in labor unions as well as in collective bargaining.

May 1, 1974

When was the labor code enacted?

Ferdinand Marcos

Who enacted the labor code?

tax-exempt employees' compensation program

whereby employees and their dependents, in the event of work-connected disability or death, may promptly secure adequate income benefit and medical related benefits.

Employees' Compensation Commission

created to initiate, rationalize, and coordinate the policies of the employees' compensation program

compulsory retirement age

sixty (60) years or more, but not beyond sixty-five (65) years

7

how many books are there in the labor code?

Labor Code PD number

Presidential Decree No. 442

Department of Labor and Employment

a national government agency mandated to formulate policies, implement programs and serve as the policy coordinating the arm of the Executive Branch in the field of labor and employment

National Labor Relations Commission

a quasi-judicial body tasked to promote and maintain industrial peace by resolving labor and management disputes involving both local and overseas workers through compulsary arbitration and alternative modes of dispute resolution.

Employment Contract

oral or written, express or implied agreement specifying terms and conditions under which a person consents to perform certain duties as directed and controlled by an employer in return for an agreed upon wage or salary

Minimum Wage

lowest hourly rate an employer can pay an employee

Art. 83

article that states the normal hour of work; 8 hours a day

Art 282

\[termination of the employment\] Termination by Employer; serious misconduct or willful disobedience by the employee, fraud or willful breach, commission of a crime or offense by the employee against the person

Art 283

\[termination of the employment] Closure of Establishment and Reduction of personnel; installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing of operation of the establishment

Art 284

\[termination of the employment] Disease as ground for termination; 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

Art 285

\[termination of the employment] termination by employee; must submit a written notice a month in advance may be due to serious insult, inhuman and unbearable treatment or commission of a crime or offense by the employer

Art 286

\[termination of the employment] retirement; age of 60 or more but not beyond 65

Art 282 [ Due Process ]

1) written notice specifying the grounds for termination and giving said employee reasonable opportunity 2) hearing or conference 3) written notice of termination served on the employee indicating that upon due consideration of all the circumstances, grounds has justify his termination

eight (8) hours a day

The normal hours of work of any employee shall not exceed

10 percent

Every employee shall be paid a night shift differential of not less than

"regular wage" of an employee

shall include the cash wage only, without deduction on account of facilities provided by the employer

twenty-four (24) consecutive hours

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 \__________ after every six (6) consecutive normal work days

thirty percent (30%)

Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least \___________ of his regular wage.

ten (10)

Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than \________ workers

Regional Tripartite Wages and Productivity Boards

The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the

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