BOOK FOUR: HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS

Title I: Medical, Dental and Occupational Safety

Chapter I: Medical and Dental Services

Art. 156: First-Aid TreatmentEmployers are required to maintain appropriate first-aid supplies and ensure that a sufficient number of employees are trained in first-aid procedures according to workplace conditions, following regulations from the Department of Labor and Employment (DOLE).

Art. 157: Emergency Medical and Dental ServicesEmployers must provide free medical and dental services based on the number of employees:

• 50 to 200 employees: Require a full-time registered nurse unless the workplace is non-hazardous, in which a trained first-aider may suffice.

• 200 to 300 employees: In addition to a nurse, a part-time physician and dentist, along with an emergency clinic, must be provided.

• Over 300 employees: Full-time physician, dentist, and nurse required, plus a dental clinic and an infirmary for every 100 employees. Medical staff accessibility must be increased in hazardous workplaces.

Art. 158: Emergency Hospital RequirementAn emergency hospital or dental clinic is not obligatory if the employer provides access to nearby medical facilities.

Art. 159: Health ProgramThe employer's physician is obligated to create and implement a comprehensive occupational health program for employees.

Art. 160: Health Personnel QualificationsPhysicians, dentists, and nurses must receive training in industrial medicine and occupational health, with their qualifications established by the Secretary of Labor and Employment, in consultation with relevant associations.

Chapter II: Occupational Health and Safety

Art. 161: Employer AssistanceEmployers must ensure immediate medical and dental assistance for any injured or ill employees during emergencies.

Art. 162: Safety and Health StandardsThe Secretary of Labor and Employment shall establish and enforce safety and health standards to minimize risks in the workplace.

Art. 163: ResearchThe Department of Labor and Employment will carry out ongoing research into improving occupational safety and identifying health risks related to work.

Art. 164: Training ProgramsTraining programs will be developed to enhance workers' skills in occupational safety and health.

Art. 165: Administration of Safety and Health LawsDOLE is responsible for enforcing safety and health laws, with chartered cities authorized to conduct inspections under specific conditions. Fees can be collected for various safety inspections and services.

Title II: Employees Compensation and State Insurance Fund

Chapter I: Policy and Definitions

Art. 166 - PolicyThe State endeavors to create a tax-exempt employee compensation program to provide benefits (income and medical) for workers and their dependents in case of work-related disability or death.

Art. 167 - DefinitionsKey definitions include:

• Code: Labor Code of the Philippines (PD No. 442)

• Commission: Employees’ Compensation Commission (ECC)

• SSS: Social Security System (RA No. 1161)

• GSIS: Government Service Insurance System (Commonwealth Act No. 186, as amended)

• Employer: Entity employing workers

• Employee: Includes those covered by GSIS or SSS

• Dependent: Legitimate child, spouse, or parents

• Beneficiaries: Dependents eligible for income benefits

• Injury: Harm from a work-related accident

• Sickness: Work-related illness or disease

• Death: Resulting from work injury or sickness

• Disability: Loss of function due to work injury or sickness

• Compensation: Payment for income, medical benefits, and rehabilitation

Chapter II: Coverage and Liability

Art. 168 - Compulsory CoverageEmployers must cover employees under 60 years of age through the State Insurance Fund, with provisions for those over 60 still contributing to retirement.

Art. 169 - Foreign EmploymentFilipino employees working abroad must be adequately covered by the ECC.

Art. 170 - Effective Date of CoverageCoverage starts the first day of employer operations or the employee’s first day of work.

Art. 172 - Limitation of LiabilityThe State Insurance Fund is responsible for compensation claims unless injury arises from intoxication, self-infliction, or gross negligence.

Art. 173 - Extent of LiabilityThe Fund covers all compensation claims, replacing employer liability in the event of work-related injury or death.

Art. 174 - Liability of Third PartyShould a third party cause injury or death, the System will compensate, with any recovered damages exceeding compensation directed to the employee or dependents.

Chapter III: Administration

Art. 176 - Employees’ Compensation Commission (ECC)The ECC oversees policy-making and program coordination of employee compensation. It includes the DOLE Secretary (Chairman), GSIS Manager, SSS Administrator, and other representatives.

Art. 177 - Powers and DutiesThe ECC has authority over contributions and claims, and can create safety program regulations.

Art. 178 - Management of FundsFunds collected for compensation are to be managed like SSS/GSIS funds, capping operational expenses at 12%.

Art. 179 - Investment of FundsRevenues not spent on operations are invested to maintain liquidity in the State Insurance Fund, exclusively funding compensation benefits.

Art. 180 - Settlement of ClaimsThe System addresses disputes about coverage and benefits, with the ECC deciding appeals within 20 days.

Art. 182 - Enforcement of DecisionsECC decisions become final after 10 days without appeal, with writs for enforcement able to be issued.

Chapter IV: Contributions

Art. 183 - Employers’ ContributionsEmployers must contribute 1% of an employee's monthly salary credit, reviewed regularly and cannot be deducted from employee salaries.

Art. 184 - Government GuaranteeThe Philippine government guarantees State Insurance Fund solvency, covering deficiencies through supplemental appropriations.

Chapter V: Medical Benefits

Art. 185. Medical servicesEmployees are entitled to receive medical services and supplies required for recovery following injury or illness, subject to expense limitations set by the Commission.

Art. 186. LiabilityThe System determines the choice of medical providers and is not liable for any aggravation of conditions due to unauthorized changes by the employee.

Art. 187. Attending physicianPhysicians treating injured or sick employees must comply with System regulations, including timely reporting on the employee’s condition.

Art. 188. Refusal of examination or treatmentIf an employee unreasonably refuses to undergo medical examination or treatment, the payment of compensation may stop during the refusal period.

Art. 189. Fees and chargesHospital and medical fees must align with those prevalent in wards for similar services, adhering to Commission regulations.

Art. 190. Rehabilitation servicesThe System is tasked with establishing rehabilitation programs for injured employees aimed at restoring their independence and facilitating their return to suitable employment.

Chapter VI: Disability Benefits

Art. 191. Temporary total disabilityEmployees sustaining an injury or sickness leading to temporary total disability are entitled to receive an income benefit of 90% of their average daily salary, governed by established regulations.

Art. 192. Permanent total disabilityThose with permanent total disability following an injury or sickness receive monthly income benefits during their disability, with support for dependent children. The definition includes a variety of conditions such as complete loss of sight or paralysis.

Art. 193. Permanent partial disabilityEmployees suffering permanent partial disability due to injuries are eligible for income benefits defined by comparison to total losses of specified body parts, with payments calculated based on the nature of the injury.

Chapter VII: Death Benefits

Art. 194. DeathUpon the death of a covered employee, primary beneficiaries receive income benefits, plus additional support for dependent children, with a guaranteed minimum benefit.

Death Benefits ProcessingThe policy guarantees death benefits even in cases where no primary beneficiary exists, and sets forth rules regulating computations and minimum support for funeral expenses.

Chapter VIII: Provisions Common to Income Benefits

Art. 195. Relationship and dependencyAll dependency statuses are evaluated at the time of the employee’s death.

Art. 196. Delinquent contributionsEmployers failing to meet contribution obligations remain liable for benefits paid to employees or dependents.

Art. 197. Second injuriesIf an employee suffers another disability related to a previous one, the State Insurance Fund will cover the new benefits accordingly.

Art. 198. Assignment of benefitsClaims for compensation are not transferable or subject to legal claims, protecting the benefits for the employee.

Art. 199. Earned benefitsIncome benefits are payable to employees receiving wages, salaries, or leaves entitled by agreements.

Chapter IX: Records, Reports, and Penal Provisions

Art. 205: Record of Death or DisabilityEmployers must maintain a logbook for employee health incidents, with penalties for non-compliance.

Art. 207: Penal ProvisionsPenalties apply for fraudulent claims and collaboration in securing benefits unlawfully, leading to fines or imprisonment.

Title III: Medicare

Art. 209: Medical CareThe Philippine Medical Care Plan establishes a comprehensive medical service system, ensuring coordination between public and private health sectors.

Title IV: Adult Education

Art. 210. Adult educationEmployers are required to assist in the creation and operation of adult education programs for employees, in collaboration with the Department of Labor and Employment and the Department of Education, Culture, and Sports.

TITLE II: EMPLOYEES COMPENSATION AND STATE INSURANCE FUND

Chapter I: Policy and Definitions

Art. 166 - PolicyThe State endeavors to create a tax-exempt employee compensation program to provide benefits (income and medical) for workers and their dependents in case of work-related disability or death.

Art. 167 - DefinitionsKey definitions include:

• Code: Labor Code of the Philippines (PD No. 442)

• Commission: Employees’ Compensation Commission (ECC)

• SSS: Social Security System (RA No. 1161)

• GSIS: Government Service Insurance System (Commonwealth Act No. 186, as amended)

• Employer: Entity employing workers

• Employee: Includes those covered by GSIS or SSS

• Dependent: Legitimate child, spouse, or parents

• Beneficiaries: Dependents eligible for income benefits

• Injury: Harm from a work-related accident

• Sickness: Work-related illness or disease

• Death: Resulting from work injury or sickness

• Disability: Loss of function due to work injury or sickness

• Compensation: Payment for income, medical benefits, and rehabilitation

Chapter II: Coverage and Liability

Art. 168 - Compulsory CoverageEmployers must cover employees under 60 years of age through the State Insurance Fund, with provisions for those over 60 still contributing to retirement.

Art. 169 - Foreign EmploymentFilipino employees working abroad must be adequately covered by the ECC.

Art. 170 - Effective Date of CoverageCoverage starts the first day of employer operations or the employee’s first day of work.

Art. 172 - Limitation of LiabilityThe State Insurance Fund is responsible for compensation claims unless injury arises from intoxication, self-infliction, or gross negligence.

Art. 173 - Extent of LiabilityThe Fund covers all compensation claims, replacing employer liability in the event of work-related injury or death.

Art. 174 - Liability of Third PartyShould a third party cause injury or death, the System will compensate, with any recovered damages exceeding compensation directed to the employee or dependents.

Chapter III: Administration

Art. 176 - Employees’ Compensation Commission (ECC)The ECC oversees policy-making and program coordination of employee compensation. It includes the DOLE Secretary (Chairman), GSIS Manager, SSS Administrator, and other representatives.

Art. 177 - Powers and DutiesThe ECC has authority over contributions and claims, and can create safety program regulations.

Art. 178 - Management of FundsFunds collected for compensation are to be managed like SSS/GSIS funds, capping operational expenses at 12%.

Art. 179 - Investment of FundsRevenues not spent on operations are invested to maintain liquidity in the State Insurance Fund, exclusively funding compensation benefits.

Art. 180 - Settlement of ClaimsThe System addresses disputes about coverage and benefits, with the ECC deciding appeals within 20 days.

Art. 182 - Enforcement of DecisionsECC decisions become final after 10 days without appeal, with writs for enforcement able to be issued.

Chapter IV: Contributions

Art. 183 - Employers’ ContributionsEmployers must contribute 1% of an employee's monthly salary credit, reviewed regularly and cannot be deducted from employee salaries.

Art. 184 - Government GuaranteeThe Philippine government guarantees State Insurance Fund solvency, covering deficiencies through supplemental appropriations.