LABOR STANDARDS

Labor Laws
- consists of statutes, regulations, and
jurisprudence that govern the relation
between capital and labor, by providing for
the certain standards of terms and
conditions of employment or providing a
legal framework which these terms and
conditions
and
the
employment
relationship may be negotiated, adjusted,
and administered.
Social Legislation
- include laws that provide protection or
benefits to the society or segment thereof
in furtherance of social justice.
Labor Legislations
a) Labor Standards set out the
minimum terms, conditions, and benefits of
employment that employers must provide
or comply with and to which employees are
entitles as a matter of legal right.
b) Labor Relations define the status,
rights,
duties,
and
the
institutional
mechanisms that govern the individual and
collective interaction of employers or their
representatives.
Social Justice
- promotion of the welfare of all the people,
the adoption by the government of
measures calculated to insure economic
stability of all the component element of
the society. salus populi est suprema
lex. (Calalang v Williams)
Senator Blas Ople collected scattered
pieces of law affecting labor
enacted
by
President
Ferdinand
Marcos Presidential Decree 442
Labor Code of the Philippines
Art. 4 (LCP)
- All doubts in the implementation and
interpretation of the provisions of this code,
including its implementing rules and
regulations, shall be resolved in favor of
labor. (Acua vs CA)

Management Prerogative
- freedom and prerogative, according to
their discretion and best judgment, to
regulate and control all aspects of
employment. (PAL vs NLRC)
- Limitations: imposed by law, CBA,
employment contract, employer policy or
practice, general principle of fair play and
justice. (Phil. Am. Life & Gen. Insurance
Co. vs Angelita Gramaje)
Duncan Association of DetailmanPTGWO and Pedro Tecson vs Glaxo
Wellcome Philippines
- SC explained that the prohibition against
personal or marital relationships with
employees of competitor companies upon
Glaxos employees is reasonable under the
circumstances because relationships of that
nature might compromise the interests of
the company.
Labor Code and its implementing rules
do not vest managerial authority in
the labor arbiters or in the different
divisions of the NLRC.
General Limitations of Management
Prerogative
a) 1987 Constitution due process and
social justice clause are the mother of all
the limitations.
b) Labor Relations Law
c) CBA
d) Company Policies
e) International Labor Organizations
Conventions Treaties entered by
Philippines and other signatory countries
involve labor and management relations.
f) Company Past Practice
g) General Principles of Fair Play and
Justice

c) Sec 14, Art VIII RA 7610

- Prohibition on the Employment of children
in
certain
advertisements
promoting
alcoholic beverages, intoxicating drinks,
tobacco, its byproducts and violence
Department Order No. 04, Series of
1999 (Hazardous Work and Activities
to Persons Below 18 Years of Age)

Special Law Limiting the Exercise of

MP
RIGHT TO HIRE
I. RA 7610 Anti-Child Abuse Law
a) Sec 12, Art VIII RA 7610 (amended
RA 7658 then to RA 9231) below 15 yrs
of age - to 18 yrs old shall not be
employed except:
1. Child work under the sole
responsibility of his parents and where
members of the employers family are
employed: PROVIDED, the employment
neither endangers his life, safety, health,
morals nor the normal development:
PROVIDED, child be provided with primary
and secondary education.
2. Childs employment or
participation in public entertainment or
information through cinema, theater, radio,
television is essential. PROVIDED: i)
employment contract is concluded by the
childs parents, ii) with express agreement
of the child concerned, iii) and with
approval with DOLE. Requirements:
a. employer shall ensure protection,
health,
safety,
morals
and
normal
development of the child
b. institute measure to prevent the
childs exploitation or discrimination
c.
formulate
and
implement
continuing program for training and skills
acquisition of the child subject for approval
by competent authority
(Shall first secure a working permit
from DOLE)
b) Sec 13, Art VIII RA 7610
- Non-formal Education for
Children

Working

Section 2. Policy
a) No person below 18 yrs of age be
employed in an undertaking which is
hazardous or deleterious in nature
b) below 15 yrs of age employment
is prohibited except in employment that
would not endanger their life, safety,
morals, health or impair their normal
development.
(and
pls
refer
to
requirements of RA 7658)
Section 3. Coverage
1.
exposes
children
to
physical,
psychological or sexual abuse (Bars, escort
service, etc.)
2. Work underground, under water at
dangerous heights or at unguarded heights
of 2 meters and above, or in confined
places (mining, window cleaning, etc,)
3. Work with dangerous machinery,
equipment and tools, or which involves
manual handling or transport of heavy
loads (logging, construction)
4. Work in an unhealthy environment which
may
expose
children
to
hazardous
processes, to temperatures, noise levels or
vibrations damaging to their health, to
toxic,
corrosive,
poisonous,
noxious,
explosive, flammable and combustible
substances or composites, to harmful
biological agents, or to other dangerous
chemicals including
pharmaceuticals
5. Work under particular difficult conditions
such as work for long hours or during the
night, or work where the child is
unreasonably confined to the premises of
the employer

Section
4.
Applicability
of
this
Guidelines to Domestic or Household
Service
- 15-18 yrs old allowed to work in domestic
or household service subject to the
limitations in Sec 3
RA 9231
Sec 12-A. Hours of Work of a working
child
- below 15 yrs of age: not more than 20 hrs
a wk and not more than 4 hrs a day. Not
allowed to work between 8pm-6am
- 15 yrs old to below 18 yrs old: not more
than 8 hrs a day and not more than 40 hrs
a wk, not allowed to work 10 pm to 6 am
Sec 12-B. Ownership, Usage and
Administration of the Working Childs
Income
- All income of the working child belong to
her
- set primarily for her support, education or
skills acquisition
- secondarily to the collective needs of the
family provided that not more than 20% of
the childs income would be used
- administered by both parents or order of
preference under family code apply
Sec 12-C. Trust Fund to Preserve Part
of the Working Childs Income
- Set up a trust fund of at least 30% of
income amount to at least P200,000
annually and a semi-annual accounting
done by DOLE
- full control of the trust fund upon reaching
age of majority
Sec 12-D. Prohibition Against Worst
Form of Child Labor (D.O. 65-04 Series
of 2004)
- Prohibition on the employment of children
in worst form of child labor

Appearance of Lawyers and Non-Lawyers

in Labor Cases
NLRC Rules 2005 Section 8. Appearances
(Amending Art. 222 of the LCP)
a) A lawyer appearing for a party is presumed to be
properly authorized for that purpose. In every case,
he shall indicate in his pleadings and motions his
Attorney's Roll Number, as well as his PTR and IBP
numbers for the current year.
b) A non-lawyer may appear as counsel in any of
the proceedings before the Labor Arbiter or
Commission only under the following conditions:
(1) represents himself as party to the case;
(2) he represents a legitimate labor
organization, as defined under Article 212 and 242
of the Labor Code, as amended, which is a party to
the case: Provided, that he presents: (i) a
certification from the Bureau of Labor Relations
(BLR) or Regional Office of the Department of Labor
and Employment attesting that the organization he
represents is duly registered and listed in the roster
of legitimate labor organizations; (ii) a verified
certification issued by the secretary and attested to
by the president of the said organization stating that
he is authorized to represent the said organization
in the said case; and (iii) a copy of the resolution of
the board of directors of the said organization
granting him such authority;
(3) he represents a member or members of a
legitimate labor organization that is existing within
the employer's establishment, who are parties to
the case: Provided, that he presents: (i) a verified
certification attesting that he is authorized by such
member or members to represent them in the case;
and (ii) a verified certification issued by the
secretary and attested to by the president of the
said organization stating that the person or persons
he is representing are members of their organization
which is existing in the employer's establishment;
(4) duly-accredited member of any legal aid
office recognized by the Department of Justice or
Integrated Bar of the Philippines: Provided, that he
(i) presents proof of his accreditation; and (ii)
represents a party to the case;
(5) he is the owner or president of a
corporation or establishment which is a party to the
case: Provided, that he presents: (i) a verified
certification attesting that he is authorized to
represent said corporation or establishment; and (ii)
a copy of the resolution of the board of directors of
said corporation, or other similar resolution or
instrument issued by said establishment, granting
him such authority.

Art. 61 LCP
c) A non-lawyer who appears in contravention of this Period not more than 6 mos
Section shall not be recognized in any proceedings Apprenticeship Agreement providing wage
before the Labor Arbiter or the Commission.
rates must not below 75% of the minimum wage
d) Appearances may be made orally or in writing. In
both cases, the complete name and office address
of both parties shall be made on record and the
adverse party or his counsel or representative
properly notified.

Art.
65.
Investigation
of
violation
of
apprenticeship agreement.
- Upon complaint of any interested person or upon
its own initiative, the appropriate agency of the
Department of Labor and Employment or its
authorized representative shall investigate any
e) Any change in the address of counsel or violation of an apprenticeship agreement pursuant
representative should be filed with the records of to such rules and regulations as may be prescribed
the case and furnished the adverse party or counsel. by the Secretary of Labor and Employment.
f) Any change or withdrawal of counsel or
representative shall be made in accordance with the Art. 66. Appeal to the Secretary of Labor and
Rules of Court.
Employment.
- The decision of the authorized agency of the
SPECIAL TYPES OF WORKERS
Department of Labor and Employment may be
I. Apprentice
appealed by any aggrieved person to the Secretary
II. Handicap
of Labor and Employment within five (5) days from
III. Learners
receipt of the decision. The decision of the Secretary
IV. Women Workers
of Labor and Employment shall be final and
V. Student Workers
executory.
VI. Domestic or Household Service Workers
VII. Alien Employees
Art.
67.
Exhaustion
of
administrative
remedies.
I. APPRENTICE
- No person shall institute any action for the
Apprenticeship Agreement
enforcement of any apprenticeship agreement or
employment contract wherein the employer binds damages for breach of any such agreement, unless
himself to train the apprentice and the apprentice in he has exhausted all available administrative
turn accepts the terms of training. Art. 58 (4) LCP
remedies.
Sec. 1, Rule X, TESDA IRR
Apprenticeship
training within employment with compulsory
related theoretical instructions involving a contract
between an apprentice and an employer on an
approved apprenticeable occupation.
Apprentice
person undergoing training for an approved
apprenticeable occupation during an established
period assured by an apprenticeship agreement.
Art. 59 LCP. Qualifications of apprentice.
To qualify as an apprentice, a person shall:
1) at least fifteen (15) years of age;
2) Possess vocational aptitude and capacity for
appropriate tests; and
3) Possess the ability to comprehend and follow oral
and written instructions.
Trade and industry associations may recommend to
the Secretary of Labor appropriate educational
requirements for different occupations.
Art. 60 Employment of apprentices.
- Only employers in the highly technical industries
may employ apprentices and only in apprenticeable
occupations approved by the Secretary of Labor and
Employment. (As amended by Section 1, Executive
Order No. 111, December 24, 1986)

Art. 71. Deductibility of training costs.

- An additional deduction from taxable income of
one-half (1/2) of the value of labor training expenses
incurred for developing the productivity and
efficiency of apprentices shall be granted to the
person or enterprise organizing an apprenticeship
program: Provided, That such program is duly
recognized by the Department of Labor and
Employment: Provided, further, That such deduction
shall not exceed ten (10%) percent of direct labor
wage: and Provided, finally, That the person or
enterprise who wishes to avail himself or itself of
this incentive should pay his apprentices the
minimum wage.
Art. 72. Apprentices without compensation.
- The Secretary of Labor and Employment may
authorize the hiring of apprentices without
compensation whose training on the job is required
by the school or training program curriculum or as
requisite for graduation or board examination.
RA 7796
- Only employers in the highly technical industries
may employ apprentices and only in apprenticeable
occupation approved by TESDA
II. HANDICAP
Handicap vs Diability (Sec 4. RA 7277)

Disability
- is the consequence of an impairment that may be
physical, cognitive, mental, sensory, emotional,
developmental, or some combination of these. A
disability may be present from birth, or occur during
a person's lifetime.
Handicap
- any physical or mental defect, congenital or
acquired, preventing or restricting a person from
participating in normal life or limiting their capacity
to work.
RA 7277. Magnacarta for Disabled Persons
Chapter I, Title II. Sec. 5. Equal Opportunity
for Employment.
No disable person shall be denied access to
opportunities for suitable employment. A qualified
disabled employee shall be subject to the same
terms and conditions of employment and the same
compensation, privileges, benefits, fringe benefits,
incentives or allowances as a qualified able bodied
person.
- Five percent (5%) of all casual emergency and
contractual positions in the Departments of Social
Welfare and Development; Health; Education,
Culture and Sports; and other government agencies,
offices
or
corporations
engaged
in
social
development shall be reserved for disabled persons.
Sec. 6. Sheltered Employment
- If suitable employment for disabled persons cannot
be found through open employment as provided in
the immediately preceding Section, the State shall
endeavor to provide it by means of sheltered
employment. In the placement of disabled persons
in sheltered employment, it shall accord due regard
to the individual qualities, vocational goals and
inclinations to ensure a good working atmosphere
and efficient production.

income, equivalent to twenty-five percent (25%) of

the total amount paid as salaries and wages to
disabled persons: Provided, however, That such
entities present proof as certified by the Department
of Labor and Employment that disabled persons are
under their employ: Provided, further, That the
disabled
employee
is
accredited
with
the
Department of Labor and Employment and the
Department of Health as to his disability, skills and
qualifications.
(c) Private entities that improve or modify their
physical facilities in order to provide reasonable
accommodation for disabled persons shall also be
entitled to an additional deduction from their net
taxable income, equivalent to fifty percent (50%) of
the direct costs of the improvements or
modifications. This Section, however, does not apply
to improvements or modifications of facilities
required under Batas Pambansa Bilang 344.
Sec. 9. Vocational Rehabilitation.
- Consistent with the principle of equal opportunity
for disabled workers and workers in general, the
State shall take appropriate vocational rehabilitation
measures that shall serve to develop the skills and
potentials of disabled persons and enable them to
compete favorably for available productive and
remunerative employment opportunities in the labor
market.

Art. 80. Employment agreement.

- Any employer who employs handicapped workers
shall enter into an employment agreement with
them, which agreement shall include:
1) The names and addresses of the handicapped
workers to be employed;
2) The rate to be paid the handicapped workers
which shall not be less than seventy five (75%)
percent of the applicable legal minimum wage;
Sec. 7. Apprenticeship.
3) The duration of employment period; and
- Subject to the provisions of the Labor Code as 4) The work to be performed by handicapped
amended, disabled persons shall be eligible as workers.
apprentices or learners: Provided, That their
handicap is not as much as to effectively impede The employment agreement shall be subject to
the performance of job operations in the particular inspection by the Secretary of Labor or his duly
occupation for which they are hired; Provided, authorized representative.
further, That after the lapse of the period of
apprenticeship, if found satisfactory in the job Art. 81. Eligibility for apprenticeship.
performance, they shall be eligible for employment. - Subject to the appropriate provisions of this Code,
handicapped workers may be hired as apprentices
Sec. 8. Incentives for Employers.
or learners if their handicap is not such as to
(a) To encourage the active participation of the effectively impede the performance of job
private sector in promoting the welfare of disabled operations in the particular occupations for which
persons and to ensure gainful employment for they are hired.
qualified disabled persons, adequate incentives
shall be provided to private entities which employ III. LEARNER
disabled persons.
Art. 73. Learners defined.
(b) Private entities that employ disabled persons - Learners are persons hired as trainees in semiwho meet the required skills or qualifications, either skilled and other industrial occupations which are
as regular employee, apprentice or learner, shall be non-apprenticeable and which may be learned
entitled to an additional deduction, from their gross through practical training on the job in a relatively

short period of time which shall not exceed three (3) may be determined by the appropriate government
months.
agencies.
Art. 74. When learners may be hired.
- Learners may be employed when no experienced
workers are available, the employment of learners is
necessary to prevent curtailment of employment
opportunities, and the employment does not create
unfair competition in terms of labor costs or impair
or lower working standards.

"For purposes of this Act, poor but deserving

students refer to those whose parents' combined
income, together with their own, if any, does not
exceed the annual regional poverty threshold level
for a family of six (6) for the preceding year as may
be determined by the National Economic and
Development
Authority
(NEDA).
Employment
facilitation services for applicants to the program
Art. 75. Learnership agreement.
shall be done by the Public Employment Service
- Any employer desiring to employ learners shall Office (PESO).
enter into a learnership agreement with them, which
agreement shall include:
"Participating employers in coordination with the
1) The names and addresses of the learners;
PESO, must inform their SPES employees of their
2) The duration of the learnership period, which rights, benefits, and privileges under existing laws,
shall not exceed three (3) months;
company policies, and employment contracts."
3) The wages or salary rates of the learners which
shall begin at not less than seventy-five percent SEC. 2. Sixty per centum (60%) of the said salary or
(75%) of the applicable minimum wage; and
wage shall be paid by the employers in cash and
4) A commitment to employ the learners if they so forty per centum (40%) by the government in the
desire, as regular employees upon completion of the form of a voucher which shall be applicable in the
learnership. All learners who have been allowed or payment for the students' tuition fees and books in
suffered to work during the first two (2) months shall any educational institution for secondary, tertiary,
be deemed regular employees if training is vocational or technical education: Provided, That
terminated by the employer before the end of the local government units (LGUs) may assume
stipulated period through no fault of the learners.
responsibility for paying in full his salary or wages.
The amount of the education vouchers shall be paid
The learnership agreement shall be subject to by the government to the educational institutions
inspection by the Secretary of Labor and concerned within thirty (30) days from its
Employment or his duly authorized representative.
presentation to the officer or agency designated by
the Secretary of Finance.
IV. WOMEN WORKERS
RA 10151
"The vouchers shall not be transferable except when
the payees thereof dies or for a justifiable cause
stops in his duties, in which case it can be
V. STUDENT WORKERS
transferred to his brothers or sisters. If there be
RA 9547
none, the amount thereof shall be paid his heirs or
SECTION 1. Any provision of law to the contrary to the payee himself, as the case may be."
notwithstanding, any person or entity employing at
least ten (10) persons may employ poor but SEC. 4. Any persons or entity who refuses to honor
deserving students fifteen (15) years of age but not education vouchers or makes any fraudulent or
more than twenty-five (25) years old, paying them a fictitious claim under this Act, regardless of whether
salary or wage not lower than the minimum wage payment has been made, shall upon conviction be
for private employers and the applicable hiring rate punished with imprisonment of not less than six (6)
for the national and local government agencies: months and not more than one (1) year and a fine of
Provided, that student enrolled in the secondary not less than Ten thousand pesos (P10,000.00),
level shall only be employed during summer and/or without prejudice to their prosecution and
christmas vacations, while those enrolled in the punishment for any other offense punishable under
tertiary, vocational or technical education may be the Revised Penal Code or any other penal statute.
employed at any time of the year: Provided, further,
That their period of employment shall be from "In case of partnerships or corporations, the
twenty (20) to fifty-two (52) working days only, managing partner, general manager, or chief
except that during Christmas vacation, employment executive officer, as the case may be, shall be
shall be from ten (10) to fifteen (15) days which may criminally liable."
be counted as part of the students' probationary
period should they apply in the same company or provisions of the Labor Code, 7 specifically
agency after graduation: Provided, finally, That Section 14, Rule X of Book III which reads:
students employed in activities related to their Sec. 14.
Working scholars. There is no
course may earn equivalent academic credits as employer-employee relationship between students
on the one hand, and schools, colleges or

universities on the other, where students work for

the latter in exchange for the privilege to study free
of charge; provided the students are given real
opportunity, including such facilities as may be
reasonable, necessary to finish their chosen court
under such arrangement.
VI.
DOMESTIC
or
HOUSEHOLD
SERVICE
WORKERS
RA 10361 Batas Kasambahay amending Civil
Code and RA 7655, Labor Code
SEC. 4. Definition of Terms. As used in this
Act, the term:
(a) Debt bondage refers to the rendering of service
by the domestic worker as security or payment for a
debt where the length and nature of service is not
clearly defined or when the value of the service is
not reasonably applied in the payment of the debt.
(b) Deployment expenses refers to expenses that
are directly used for the transfer of the domestic
worker from place of origin to the place of work
covering the cost of transportation. Advances or
loans by the domestic worker are not included in the
definition of deployment expenses.
(c) Domestic work refers to work performed in or for
a household or households.
(d) Domestic worker or Kasambahay refers to
any person engaged in domestic work within an
employment relationship such as, but not limited to,
the following: general househelp, nursemaid or
yaya, cook, gardener, or laundry person, but shall
exclude any person who performs domestic work
only occasionally or sporadically and not on an
occupational basis.
- The term shall not include children who are under
foster family arrangement, and are provided access
to education and given an allowance incidental to
education, i.e. baon, transportation, school
projects and school activities.
(e) Employer refers to any person who engages and
controls the services of a domestic worker and is
party to the employment contract.
(f) Household refers to the immediate members of
the family or the occupants of the house that are
directly provided services by the domestic worker.
(g) Private Employment Agency (PEA) refers to any
individual, legitimate partnership, corporation or
entity licensed to engage in the recruitment and
placement
of
domestic
workers
for
local
employment.
(h) Working children, as used under this Act, refers
to domestic workers who are fifteen (15) years old
and above but below eighteen (18) years old.
SEC. 5. Standard of Treatment.(CC 1694,Art
145 LCP)
The employer or any member of the household
shall
not
subject
a
domestic
worker
or
kasambahay to any kind of abuse nor inflict any
form of physical violence or harassment or any act
tending to degrade the dignity of a domestic worker.

SEC.
6.
Board,
Lodging
and
Medical
Attendance. (Civil Code 1689-90, Art 146 LCP)
The employer shall provide for the basic
necessities of the domestic worker to include at
least three (3) adequate meals a day and humane
sleeping arrangements that ensure safety.
- The employer shall provide appropriate rest and
assistance to the domestic worker in case of
illnesses and injuries sustained during service
without loss of benefits.
- At no instance shall the employer withdraw or hold
in abeyance the provision of these basic necessities
as punishment or disciplinary action to the domestic
worker.
SEC. 7. Guarantee of Privacy.
Respect for the privacy of the domestic worker
shall be guaranteed at all times and shall extend to
all forms of communication and personal effects.
This guarantee equally recognizes that the domestic
worker is obliged to render satisfactory service at all
times.
SEC. 8. Access to Outside Communication.
The employer shall grant the domestic worker
access to outside communication during free time:
Provided, That in case of emergency, access to
communication shall be granted even during work
time. Should the domestic worker make use of the
employers telephone or other communication
facilities, the costs shall be borne by the domestic
worker, unless such charges are waived by the
employer.
SEC. 9. Right to Education and Training. (CC
1691, ART 144 LCP)
The employer shall afford the domestic worker the
opportunity to finish basic education and may allow
access to alternative learning systems and, as far as
practicable, higher education or technical and
vocational training. The employer shall adjust the
work schedule of the domestic worker to allow such
access to education or training without hampering
the services required by the employer.
SEC.
10.
Prohibition
Against
Privileged
Information. All communication and information
pertaining to the employer or members of the
household shall be treated as privileged and
confidential, and shall not be publicly disclosed by
the domestic worker during and after employment.
Such privileged information shall be inadmissible in
evidence except when the suit involves the
employer or any member of the household in a
crime against persons, property, personal liberty
and security, and chastity.
Elements to qualify a privileged information:
1) Employer-Employee relation
2) Information obtained during the course of
employment.

3) Information pertains to employer or member of SEC. 13. Recruitment and Finders Fees.
household
Regardless of whether the domestic worker was
hired through a private employment agency or a
SEC. 11. Employment Contract.
third party, no share in the recruitment or finders
An employment contract shall be executed by and fees shall be charged against the domestic worker
between the domestic worker and the employer by the said private employment agency or third
before the commencement of the service in a party.
language or dialect understood by both the
domestic worker and the employer. The domestic SEC. 14. Deposits for Loss or Damage.
worker shall be provided a copy of the duly signed It shall be unlawful for the employer or any other
employment contract which must include the person to require a domestic worker to make
following:
deposits from which deductions shall be made for
(a) Duties and responsibilities of the domestic the reimbursement of loss or damage to tools,
worker;
materials, furniture and equipment in the
(b) Period of employment;
household.
(c) Compensation;
(d) Authorized deductions;
SEC. 15. Prohibition on Debt Bondage.
(e) Hours of work and proportionate additional It shall be unlawful for the employer or any person
payment;
acting on behalf of the employer to place the
(f) Rest days and allowable leaves;
domestic worker under debt bondage.
(g) Board, lodging and medical attention;
SEC. 16. Employment Age of Domestic
(h) Agreements on deployment expenses, if any;
Workers.
(i) Loan agreement;
It shall be unlawful to employ any person below
(j) Termination of employment; and
fifteen (15) years of age as a domestic worker.
(k) Any other lawful condition agreed upon by both Employment of working children, as defined under
parties.
this Act, shall be subject to the provisionsof Section
10(A), paragraph 2 of Section 12-A, paragraph 4 of
- The Department of Labor and Employment (DOLE) Section 12-D, and Section 13 of Republic Act No.
shall develop a model employment contract for 7610, as amended, otherwise known as the Special
domestic workers which shall, at all times, be made Protection of Children Against Child Abuse,
available free of charge to domestic workers, Exploitation and Discrimination Act.
employers, representative organizations and the - Working children shall be entitled to minimum
general public. The DOLE shall widely disseminate wage, and all benefits provided under this Act.
information to domestic workers and employers on - Any employer who has been sentenced by a court
the use of such model employment contract.
of law of any offense against a working child under
- In cases where the employment of the domestic this Act shall be meted out with a penalty one
worker is facilitated through a private employment degree higher and shall be prohibited from hiring a
agency, the PEA shall keep a copy of all working child.
employment contracts of domestic workers and
shall be made available for verification and SEC. 17. Employers Reportorial Duties.
inspection by the DOLE.
The employers shall register all domestic workers
under their employment in the Registry of Domestic
SEC. 12. Pre-Employment Requirement.
Workers in the barangay where the employers
Prior to the execution of the employment contract, residence is located. The Department of the Interior
the employer may require the following from the and Local Government (DILG) shall, in coordination
domestic worker:
with the DOLE, formulate a registration system for
(a) Medical certificate or a health certificate issued this purpose.
by a local government health officer;
(b) Barangay and police clearance;
SEC. 18. Skills Training, Assessment and
(c) National Bureau of Investigation (NBI) clearance; Certification.
and
- To ensure productivity and assure quality services,
(d) Duly authenticated birth certificate or if not the DOLE, through the Technical Education and Skills
available, any other document showing the age of Development Authority (TESDA), shall facilitate
the domestic worker such as voters identification access of domestic workers to efficient training,
card, baptismal record or passport.
assessment and certification based on a duly
- However, Section 12(a), (b), (c) and (d) shall be promulgated training regulation.
standard requirements when the employment of the
domestic worker is facilitated through the PEA.
SEC. 19. Health and Safety.
- The cost of the foregoing shall be borne by the The employer shall safeguard the health and
prospective employer or agency, as the case may safety of the domestic worker in accordance with
be.
laws, rules and regulations, with due consideration
of the peculiar nature of domestic work.

- After one (1) year from the effectivity of this Act,

SEC. 20. Daily Rest Period. (CC 1695)
and periodically thereafter, the Regional Tripartite
The domestic worker shall be entitled to an and Productivity Wage Boards (RTPWBs) shall
aggregate daily rest period of eight (8) hours per review, and if proper, determine and adjust the
day.
minimum wage rates of domestic workers.
SEC. 21. Weekly Rest Period. (CC 1695)
The domestic worker shall be entitled to at least
twenty-four (24) consecutive hours of rest in a week.
The employer and the domestic worker shall agree
in writing on the schedule of the weekly rest day of
the domestic worker: Provided, That the employer
shall respect the preference of the domestic worker
as to the weekly rest day when such preference is
based on religious grounds. Nothing in this provision
shall deprive the domestic worker and the employer
from agreeing to the following:
(a) Offsetting a day of absence with a particular rest
day;
(b) Waiving a particular rest day in return for an
equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5)
days;
(d) Other similar arrangements.

SEC 25. Payment of Wages. (Art 142 LCP)

Payment of wages shall be made on time directly
to the domestic worker to whom they are due in
cash at least once a month. The employer, unless
allowed by the domestic worker through a written
consent, shall make no deductions from the wages
other than that which is mandated by law. No
employer shall pay the wages of a domestic worker
by means of promissory notes, vouchers, coupons,
tokens, tickets, chits, or any object other than the
cash wage as provided for under this Act.
- The domestic worker is entitled to a thirteenth
month pay as provided for by law.

SEC. 26. Pay Slip. (Art. 142 LCP)

The employer shall at all times provide the
domestic worker with a copy of the pay slip
containing the amount paid in cash every pay day,
and indicating all deductions made, if any. The
SEC. 22. Assignment to Nonhousehold Work. copies of the pay slip shall be kept by the employer
(Art. 143 LCP)
for a period of three (3) years.
No domestic worker shall be assigned to work in a (Sec 32-35 is to CC 1697-99)
commercial, industrial or agricultural enterprise at a
wage rate lower than that provided for agricultural SEC. 27. Prohibition on Interference in the
or nonagricultural workers. In such cases, the Disposal of Wages.
domestic worker shall be paid the applicable It shall be unlawful for the employer to interfere
minimum wage.
with the freedom of any domestic worker to dispose
of the latters wages. The employer shall not force,
SEC. 23. Extent of Duty.
compel or oblige the domestic worker to purchase
The domestic worker and the employer may merchandise, commodities or other properties from
mutually agree for the former to temporarily the employer or from any other person, or otherwise
perform a task that is outside the latters household make use of any store or services of such employer
for the benefit of another household. However, any or any other person.
liability that will be incurred by the domestic worker
on account of such arrangement shall be borne by SEC 28. Prohibition Against Withholding of
the original employer. In addition, such work Wages. It shall be unlawful for an employer,
performed outside the household shall entitle the directly or indirectly, to withhold the wages of the
domestic worker to an additional payment of not domestic worker. If the domestic worker leaves
less than the existing minimum wage rate of a without any justifiable reason, any unpaid salary for
domestic worker. It shall be unlawful for the original a period not exceeding fifteen (15) days shall be
employer to charge any amount from the said forfeited. Likewise, the employer shall not induce
household where the service of the domestic worker the domestic worker to give up any part of the
was temporarily performed.
wages by force, stealth, intimidation, threat or by
any other means whatsoever.
SEC 24. Minimum Wage. (Art 141 LCP and RA
7655)
SEC. 29. Leave Benefits.
The minimum wage of domestic workers shall not A domestic worker who has rendered at least one
be less than the following:
(1) year of service shall be entitled to an annual
(a) Two thousand five hundred pesos (P2,500.00) a service incentive leave of five (5) days with pay:
month for those employed in the National Capital Provided, That any unused portion of said annual
Region (NCR);
leave shall not be cumulative or carried over to the
(b) Two thousand pesos (P2,000.00) a month for succeeding years. Unused leaves shall not be
those employed in chartered cities and first class convertible to cash.
municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a SEC. 30. Social and Other Benefits.
month for those employed in other municipalities.

 A domestic worker who has rendered at least one

(1) month of service shall be covered by the Social
Security System (SSS), the Philippine Health
Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund or Pag-IBIG, and shall be
entitled to all the benefits in accordance with the
pertinent provisions provided by law.
- Premium payments or contributions shall be
shouldered by the employer. However, if the
domestic worker is receiving a wage of Five
thousand pesos (P5,000.00) and above per month,
the domestic worker shall pay the proportionate
share in the premium payments or contributions, as
provided by law.
- The domestic worker shall be entitled to all other
benefits under existing laws.

expiration of the contract for any of the following

causes:
(a) Verbal or emotional abuse of the domestic
worker by the employer or any member of the
household;
(b) Inhuman treatment including physical abuse of
the domestic worker by the employer or any
member of the household;
(c) Commission of a crime or offense against the
domestic worker by the employer or any member of
the household;
(d) Violation by the employer of the terms and
conditions of the employment contract and other
standards set forth under this law;
(e) Any disease prejudicial to the health of the
domestic worker, the employer, or member/s of the
household; and
SEC. 31. Rescue and Rehabilitation of Abused (f) Other causes analogous to the foregoing.
Domestic Workers.
Any abused or exploited domestic worker shall be SEC. 34. Termination Initiated
by the
immediately rescued by a municipal or city social Employer.
welfare officer or a social welfare officer from the An employer may terminate the services of the
Department of Social Welfare and Development domestic worker at any time before the expiration of
(DSWD) in coordination with the concerned the contract, for any of the following causes:
barangay officials. The DSWD and the DILG shall (a) Misconduct or willful disobedience by the
develop a standard operating procedure for the domestic worker of the lawful order of the employer
rescue and rehabilitation of abused domestic in connection with the formers work;
workers, and in coordination with the DOLE, for (b) Gross or habitual neglect or inefficiency by the
possible subsequent job placement.
domestic worker in the performance of duties;
(c) Fraud or willful breach of the trust reposed by the
SEC. 32. Termination of Service.
employer on the domestic worker;
Neither the domestic worker nor the employer (d) Commission of a crime or offense by the
may terminate the contract before the expiration of domestic worker against the person of the employer
the term except for grounds provided for in Sections or any immediate member of the employers family;
33 and 34 of this Act. If the domestic worker is (e) Violation by the domestic worker of the terms
unjustly dismissed, the domestic worker shall be and conditions of the employment contract and
paid the compensation already earned plus the other standards set forth under this law;
equivalent of fifteen (15) days work by way of (f) Any disease prejudicial to the health of the
indemnity. If the domestic worker leaves without domestic worker, the employer, or member/s of the
justifiable reason, any unpaid salary due not household; and
exceeding the equivalent fifteen (15) days work (g) Other causes analogous to the foregoing.
shall be forfeited. In addition, the employer may
recover from the domestic worker costs incurred SEC. 35. Employment Certification.
related to the deployment expenses, if any: Upon the severance of the employment
Provided, That the service has been terminated relationship, the employer shall issue the domestic
within six (6) months from the domestic workers worker within five (5) days from request a certificate
employment.
of employment indicating the nature, duration of the
- If the duration of the domestic service is not service and work performance.
determined either in stipulation or by the nature of
the service, the employer or the domestic worker SEC. 36. Regulation of Private Employment
may give notice to end the working relationship five Agencies (PEAs).
(5) days before the intended termination of the The DOLE shall, through a system of licensing and
service.
regulation, ensure the protection of domestic
- The domestic worker and the employer may workers hired through the PEAs.
mutually agree upon written notice to pre-terminate - The PEA shall be jointly and severally liable with
the contract of employment to end the employment the employer for all the wages, wage-related
relationship.
benefits, and other benefits due a domestic worker.
- The provision of Presidential Decree No. 442, as
SEC. 33. Termination Initiated by the Domestic amended, otherwise known as the Labor Code of
Worker.
the Philippines, on qualifications of the PEAs with
The domestic worker may terminate the regard to nationality, networth, owners and officers,
employment relationship at any time before the office space and other requirements, as well as

nontransferability of license and commission of

prohibited practices, shall apply.
- In addition, PEAs shall have the following
responsibilities:
(a) Ensure that domestic workers are not charged or
levied any recruitment or placement fees;
(b) Ensure that the employment agreement between
the domestic worker and the employer stipulates
the terms and conditions of employment and all the
benefits prescribed by this Act;
(c) Provide a pre-employment orientation briefing to
the domestic worker and the employer about their
rights and responsibilities in accordance with this
Act;
(d) Keep copies of employment contracts and
agreements pertaining to recruited domestic
workers which shall be made available during
inspections or whenever required by the DOLE or
local government officials;
(e) Assist domestic workers with respect to
complaints or grievances against their employers;
and
(f) Cooperate with government agencies in rescue
operations involving abused or exploited domestic
workers.
SEC. 37. Mechanism for Settlement of
Disputes.
All labor-related disputes shall be elevated to the
DOLE Regional Office having jurisdiction over the
workplace without prejudice to the filing of a civil or
criminal action in appropriate cases. The DOLE
Regional Office shall exhaust all conciliation and
mediation efforts before a decision shall be
rendered.
- Ordinary crimes or offenses committed under the
Revised Penal Code and other special penal laws by
either party shall be filed with the regular courts.
SEC. 38. Information Program.
The DOLE shall, in coordination with the DILG, the
SSS, the PhilHealth and Pag-IBIG develop and
implement a continuous information dissemination
program on the provisions of this Act, both at the
national and local level, immediately after the
enactment of this law.

All existing arrangements between a domestic

worker and the employer shall be adjusted to
conform to the minimum standards set by this Act
within a period of sixty (60) days after the effectivity
of this Act: Provided, That adjustments pertaining to
wages shall take effect immediately after the
determination and issuance of the appropriate wage
order by the RTWPBs: Provided, further, That
nothing in this Act shall be construed to cause the
diminution or substitution of any benefits and
privileges currently enjoyed by the domestic worker
hired directly or through an agency.
Civil Code of the Philippines
Art. 1692
- No contract for household service shall last for
more than two years. However, such contract may
be renewed from year to year.
Art. 1693.
- The house helper's clothes shall be subject to
stipulation. However, any contract for household
service shall be void if thereby the house helper
cannot afford to acquire suitable clothing.
Art. 1696.
- In case of death of the house helper, the head of
the family shall bear the funeral expenses if the
house helper has no relatives in the place where the
head of the family lives, with sufficient means
therefor.
DOLE D.O. No. 04 Series of 1999
SECTION 2. Policy.
- (a) The employment of a person below eighteen
(18) years of age in an undertaking which is
hazardous or deleterious in nature as identified in
this Guidelines shall be prohibited.

VII. ALIEN EMPLOYEES

Art. 41. Prohibition against transfer of
employment.
- After the issuance of an employment permit, the
alien shall not transfer to another job or change his
employer without prior approval of the Secretary of
Labor.
- Any non-resident alien who shall take up
SEC. 39. Araw Ng Mga Kasambahay.
employment in violation of the provision of this Title
The date upon which the President shall approve and its implementing rules and regulations shall be
this Domestic Workers Act shall be designated as punished in accordance with the provisions of
the Araw ng mga Kasambahay. January 18, 2013.
Articles 289 and 290 of the Labor Code.
- In addition, the alien worker shall be subject to
SEC. 40. Penalty.
deportation after service of his sentence.
Any violation of the provisions of this Act declared
unlawful shall be punishable with a fine of not less
RULE XIV, Book 1,
than Ten thousand pesos (P10,000.00) but not more
Omnibus Rule Implementing Labor Code
than Forty thousand pesos (P40,000.00) without
Employment of Aliens
prejudice to the filing of appropriate civil or criminal
action by the aggrieved party.
SECTION 1. Coverage.
This Rule shall apply to all aliens employed or
SEC. 41. Transitory Provision; Non-Diminution seeking employment in the Philippines, and their
of Benefits.
present or prospective employers

SECTION 2. Submission of list. (Art. 42 LCP)

All employers employing foreign nationals,
whether resident or non-resident shall submit a list
of such nationals to the Bureau indicating their
names, citizenship, foreign and local addresses;
nature of employment and status of stay in the
Philippines.
SECTION 3. Registration of resident aliens.
All employed resident aliens shall register with
the Bureau under such guidelines as may be issued
by it.
SECTION 4. Employment permit required for
entry. (Art. 40 LCP)
No alien seeking employment, whether on
resident or non-resident status, may enter the
Philippines without first securing an employment
permit from the Department of Labor and
Employment. If an alien enters the country under a
non-working visa and wishes to be employed
thereafter, he may only be allowed to be employed
upon presentation of a duly approved employment
permit.
SECTION 5. Requirements for employment
permit application.
The application for an employment permit shall
be accompanied by the following:
(a) Curriculum vitae duly signed by the applicant
indicating his educational background, his work
experience and other data showing that he
possesses high technical skills in his trade or
profession;
(b) Contract of employment between the employer
and the principal which shall embody the following,
among others:
(1) That the non-resident alien worker shall
comply with all applicable laws and rules and
regulations of the Philippines;
(2) That the non-resident alien worker and
the employer shall bind themselves to train at least
two (2) Filipino understudies for a period to be
determined by the Secretary of Labor and
Employment; and
(3) That he shall not engage in any gainful
employment other than that for which he was issued
a permit.
(c) A designation by the employer of at least two (2)
understudies for every alien worker. Such
understudies must be the most ranking regular
employees in the section or department for which
the expatriates are being hired to ensure the actual
transfer of technology.

a) Compliance by the applicant and his employer

with the requirements of Section 2 hereof;
b) Report of the Bureau Director as to the
availability or non-availability of any person in the
Philippines who is competent, able, and willing to do
the job for which the services of the applicant are
desired;
c) His assessment as to whether or not the
employment of the applicant will redound to the
national interest;
d) Admissibility of the alien as certified by the
Commission on Immigration and Deportation;
e) The recommendation of the Board of Investments
or other appropriate government agencies if the
applicant will be employed in preferred areas of
investments or in accordance with imperatives of
economic developments; and
f) Payments of a P100.00 fee.
SECTION 7. Duration of employment permit.
Subject to renewal upon showing of good cause,
the employment permit shall be valid for a minimum
period of one (1) year starting from the date of its
issuance unless sooner revoked by the Secretary of
Labor and Employment for violation of any
provisions of the Code or of these Rules.
SECTION
8. Advice
to
Commission on
Immigration and Deportation.
The Bureau shall advice the Commission on
Immigration and Deportation on the issuance of an
employment permit to an applicant.
SECTION 9. Understudy Training Program.
The employer shall submit a training program for
his understudies to the Bureau within thirty (30)
days upon arrival of the alien workers. The
supervision of the training program shall be the
responsibility of the Bureau and shall be in
accordance with standards established by the
Secretary of Labor and Employment.
OTHER SOCIAL LEGISLATIONS
I. Leave Benefits Solely Enjoyed by Women
Workers
A. Maternity Leave under Social Security Act
of 1997.
SEC. 14A. Maternity Leave Benefit.
A female member who has paid at least three (3)
monthly contributions in the twelvemonth period
immediately preceding the semester of her
childbirth or
miscarriage shall be paid a daily maternity benefit
equivalent to one hundred percent (100%) of her
average daily salary credit for sixty (60) days or
seventyeight (78) days in case of caesarean
delivery, subject to the following conditions:

SECTION 6. Issuances of employment permit.

The Secretary of Labor and Employment may
issue an employment permit to the applicant based
(a) That the employee shall have notified her
on:
employer of her pregnancy and the probable date of
her childbirth, which notice shall be transmitted to

the SSS in accordance with the rules and regulations

it may provide;
(b) The full payment shall be advanced by
the employer within thirty (30) days from the filing
of the maternity leave application;
(c) That payment of daily maternity benefits
shall be a bar to the recovery of sickness benefits
provided by this Act for the same period for which
daily maternity benefits have been received;
(d) That the maternity benefits provided
under this section shall be paid only for the first four
(4) deliveries or miscarriages;
(e) That the SSS shall immediately
reimburse the employer of one hundred percent
(100%) of the amount of maternity benefits
advanced to the employee by the employer upon
receipt of satisfactory proof of such payment and
legality thereof; and
(f) That if an employee member should give
birth or suffer miscarriage without the required
contributions having been remitted for her by her
employer to the SSS, or without the latter having
been previously notified by the employer of the time
of the pregnancy, the employer shall pay to the SSS
damages equivalent to the benefits which said
employee member would otherwise have been
entitled to.
B. Expanded Magna Carta for Women (RA
9710)
Section 18. Special Leave Benefits for Women.
- A woman employee having rendered continuous
aggregate employment service of at least six (6)
months for the last twelve (12) months shall be
entitled to a special leave benefit of two (2) months
with full pay based on her gross monthly
compensation
following
surgery
caused
by
gynecological disorders.
C. Anti-violence Against Women and Their
Children Act of 2004, RA No. 9262
Sec 43. Entitled to Leave.
Victims under this Act shall be entitled to take a
paid leave of absence up to ten (10) days in addition
to other paid leaves under the Labor Code and Civil
Service Rules and Regulations, extendible when the
necessity arises as specified in the protection order.
- Any employer who shall prejudice the right of the
person under this section shall be penalized in
accordance with the provisions of the Labor Code
and Civil Service Rules and Regulations. Likewise, an
employer who shall prejudice any person for
assisting a co-employee who is a victim under this
Act shall likewise be liable for discrimination.

(a) Act the Solo Parents Welfare Act of 2000;

(b) Solo Parent any individual who falls under
any of the following
categories:
(1) A woman who gives birth as a result of
rape or crimes against chastity, even without a final
conviction of the offender: Provided, that the
mother keeps and raises the child;
(2) Parent left solo or alone with the
responsibility of parenthood due to death of spouse;
(3) Parent left solo or alone with the
responsibility of parenthood while the spouse is
detained, or is serving sentence for a criminal
conviction for at least one (1) year. The law applies
to the spouses of prisoners, whether or not a final
judgment has been rendered, provided they are in
detention for a minimum
period of one (1) year;
(4) Parent left solo or alone with the
responsibility of parenthood due to physical and/or
mental incapacity of spouse as certified by a public
medical practitioner;
(5) Parent left solo or alone with the
responsibility of parenthood due to legal separation
or de facto separation from spouse for at least one
(1) year:
Provided, that he or she is entrusted with the
custody of the children;
(6) Parent left solo or alone with the
responsibility of parenthood due to declaration of
nullity or annulment of marrriage as decreed by a
court or by a church: Provided, that he/she is
entrusted with the custody of the children;
(7) Parent left solo or alone with the
responsibility of parenthood due to abandonment of
spouse for at least one (1) year;
(8) Unmarried mother/father who has
preferred to keep and rear his/her child/children
instead of having others care for them or give them
up to a welfare
institution;
(9) Any other person who solely provides
parental care and support to a child or children
provided he/she is duly licensed as a foster parent
by the DSWD or duly appointed legal guardian by
the court;
(10) Any family member who assumes the
responsibility of head of family as a result of the
death, abandonment, disappearance, or absence
lasts for at least one (1) year.
- A change in the status or circumstance of the
parent claiming benefits under the Act, such that
he/she is no longer left alone with the responsibility
of parenthood, shall terminate his/her eligibility for
these benefits;

II. SOLO PARENTS WELFARE ACT OF 2000 (RA

8972)
Rights of Solo Parents?
1. Flexible work schedule. (Sec 6)
Section 6. Definition of terms
a. it will not affect individual and company
As used in these Rules, the following terms shall
productivity.
mean as follows:

b. employer may ask exemption from DOLE III. PATERNITY LEAVE ACT 0f 1996 (RA 8187)
on a meritorious ground.
SEC. 2
- Male employees in the private and public sector
- Government employees, flexible working hours will shall be entitled to a paternity leave of seven (7)
be subject to the discretion of the head of the days with full pay for the first four (4) deliveries of
agency.
the legitimate spouse with whom he is cohabiting.
Male employee who applies for a paternity leave
2. Rights against discrimination with respect to shall notify the pregnancy of the of his legitimate
spouse so as the expected date of delivery.
terms and conditions of employment. (Sec 7)
- Delivery shall include childbirth or miscarriage.
3. Parental leave of 7 days provided. (Sec 8)
SEC. 3
a. not more than 7 days every year.
- Allowing male employees not to report for work for
b. solo parent employee
c. solo parent employee must rendered at seven (7) days but continues to earn the
compensation therefor, for purposes of enabling him
least 1 yr of service.
to effectively support his wife during her period of
Section 19. Conditions for Entitlement of recovery or in nursing the newborn.
Parental Leave
A solo parent shall be entitled to parental leave Paternity Leave (DOLE-BWC Manual of Labor
Standards)
provided that:
(a) He/She has rendered at least one (1) year 1. All married male employees regardless if they are
of service whether continuous or broken at the time not living together physically with their wife because
of location of work station, and regardless of
of the affectivity of the Act;
(b) He/She has notified his/her employer of employment status shall be entitled to paternity
the availment thereof within a reasonable time leave benefit of seven (7) days with pay including
allowance.
period; and
(c) He/She has presented a Solo Parent 2. The paternity leave applies to the first four (4)
deliveries or miscarriages of his legal wife.
Identification Card to his/her employer.
3. The male employee should notify his employer of
the pregnancy of his wife and her expected delivery.
Section 20. Non-conversion of Parental Leave
In the event that the parental leave is not availed Prior application for leave shall not be required in
of, said leave shall not be convertible to cash unless case of miscarriage.
specifically agreed upon previously. However, if said 4. If this benefit is not availed of, it is not convertible
leave were denied an employee as a result of non- to cash.
compliance with the provisions of these Rules by an 5. If there is an existing paternity leave under the
employer, the aforementioned leave may be used a collective bargaining agreement, contract or policy
greater than seven (7) days, the greater benefit
basis for the computation of damages.
shall prevail. On the other hand, if the paternity
leave is lesser than seven (7) days, the employer
Section 21. Crediting of Existing Leave
If there is an existing or similar benefit under a shall adjust the existing benefit to the extent of the
company policy, or a collective bargaining difference.
agreement or collective negotiation agreement the 6. A company policy, contract or collective
same shall be credited as such. If the same is bargaining agreement which provides for an
greater than the seven (7) days provided for in the emergency or contingency leave without specific
provision on paternity leave does not exempt the
Act, the greater benefit shall prevail.
employer to grant full seven (7) days paternity leave
- Emergency or contingency leave provided under a to covered employees.
company policy or a collective bargaining
agreement shall not be credited as compliance with IV. WORKMENS COMPENSATION ACT (Act
the parental leave provided for under the Act and 3425)
these Rules.