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LABOR CODE 5.

To discriminate in regard to wages, hours of work and


other terms and conditions of employment in order to
A) Art. 136. Stipulation against marriage. It shall
encourage or discourage membership in any labor
be unlawful for an employer to require as a condition of
organization. Nothing in this Code or in any other law
employment or continuation of employment that a woman
shall stop the parties from requiring membership in a
employee shall not get married, or to stipulate expressly
recognized collective bargaining agent as a condition
or tacitly that upon getting married, a woman employee
for employment, except those employees who are
shall be deemed resigned or separated, or to actually
already members of another union at the time of the
dismiss, discharge, discriminate or otherwise prejudice a
signing of the collective bargaining agreement.
woman employee merely by reason of her marriage.
Employees of an appropriate bargaining unit who are
not members of the recognized collective bargaining
agent may be assessed a reasonable fee equivalent to
B) Art. 139. Minimum employable age. the dues and other fees paid by members of the
1. No child below fifteen (15) years of age shall be recognized collective bargaining agent, if such non-
employed, except when he works directly under the union members accept the benefits under the
sole responsibility of his parents or guardian, and his collective bargaining agreement: Provided, that the
employment does not in any way interfere with his individual authorization required under Article 242,
schooling. paragraph (o) of this Code shall not apply to the non-
members of the recognized collective bargaining
2. Any person between fifteen (15) and eighteen (18) agent;
years of age may be employed for such number of
hours and such periods of the day as determined by 6. To dismiss, discharge or otherwise prejudice or
the Secretary of Labor and Employment in discriminate against an employee for having given or
appropriate regulations. being about to give testimony under this Code

3. The foregoing provisions shall in no case allow the 7. To violate the duty to bargain collectively as
employment of a person below eighteen (18) years of prescribed by this Code;
age in an undertaking which is hazardous or 8. To pay negotiation or attorney’s fees to the union or
deleterious in nature as determined by the Secretary its officers or agents as part of the settlement of any
of Labor and Employment. issue in collective bargaining or any other dispute; or
9. To violate a collective bargaining agreement.
C) Art. 248. Unfair labor practices of The provisions of the preceding paragraph
employers. It shall be unlawful for an employer notwithstanding, only the officers and agents of
to commit any of the following unfair labor corporations, associations or partnerships who have
practice: actually participated in, authorized or ratified unfair labor
1. To interfere with, restrain or coerce employees in the practices shall be held criminally liable. (As amended by
exercise of their right to self-organization; Batas Pambansa Bilang 130, August 21, 1981)

2. To require as a condition of employment that a person


or an employee shall not join a labor organization or
shall withdraw from one to which he belongs;
3. To contract out services or functions being performed
by union members when such will interfere with,
restrain or coerce employees in the exercise of their
rights to self-organization;
4. To initiate, dominate, assist or otherwise interfere
with the formation or administration of any labor
organization, including the giving of financial or
other support to it or its organizers or supporters;
SPECIAL LAWS pesos (P200,000.00) annually, for which he/she shall
render a semi-annual accounting of the fund to the
A) SEC. 12 & 14, RA 7610, AS AMENDED BY RA
Department of Labor and Employment, in compliance
7658 & RA 9231 (WORST FORMS OF CHILD with the provisions of this Act. The child shall have full
LABOR) control over the trust fund upon reaching the age of
Section 3. The same Act, as amended, is hereby further majority.
amended by adding new sections to be denominated as
"Sec. 12-D. Prohibition Against Worst Forms of Child
Sections 12-A, 12-B, 12-C, and 12-D to read as follows:
Labor. - No child shall be engaged in the worst forms of
"Sec. 2-A. Hours of Work of a Working Child. - Under child labor. The phrase "worst forms of child labor" shall
the exceptions provided in Section 12 of this Act, as refer to any of the following:
amended:
"(1) All forms of slavery, as defined under the "Anti-
"(1) A child below fifteen (15) years of age may be trafficking in Persons Act of 2003", or practices similar to
allowed to work for not more than twenty (20) hours a slavery such as sale and trafficking of children, debt
week: Provided, That the work shall not be more than four bondage and serfdom and forced or compulsory labor,
(4) hours at any given day; including recruitment of children for use in armed
conflict; or
"(2) A child fifteen (15) years of age but below eighteen
(18) shall not be allowed to work for more than eight (8) "(2) The use, procuring, offering or exposing of a child
hours a day, and in no case beyond forty (40) hours a for prostitution, for the production of pornography or for
week; pornographic performances; or

"(3) No child below fifteen (15) years of age shall be "(3) The use, procuring or offering of a child for illegal or
allowed to work between eight o'clock in the evening and illicit activities, including the production and trafficking
six o'clock in the morning of the following day and no of dangerous drugs and volatile substances prohibited
child fifteen (15) years of age but below eighteen (18) under existing laws; or
shall be allowed to work between ten o'clock in the
"(4) Work which, by its nature or the circumstances in
evening and six o'clock in the morning of the following
which it is carried out, is hazardous or likely to be harmful
day."
to the health, safety or morals of children, such that it:
"Sec. 12-B. Ownership, Usage and Administration of the
"a) Debases, degrades or demeans the intrinsic worth and
Working Child's Income. - The wages, salaries, earnings dignity of a child as a human being; or
and other income of the working child shall belong to
him/her in ownership and shall be set aside primarily for "b) Exposes the child to physical, emotional or sexual
his/her support, education or skills acquisition and abuse, or is found to be highly stressful psychologically
secondarily to the collective needs of the family: or may prejudice morals; or
Provided, That not more than twenty percent (20%) of the
"c) Is performed underground, underwater or at dangerous
child's income may be used for the collective needs of the
heights; or
family.
"d) Involves the use of dangerous machinery, equipment
"The income of the working child and/or the property
and tools such as power-driven or explosive power-
acquired through the work of the child shall be
actuated tools; or
administered by both parents. In the absence or incapacity
of either of the parents, the other parent shall administer "e) Exposes the child to physical danger such as, but not
the same. In case both parents are absent or incapacitated, limited to the dangerous feats of balancing, physical
the order of preference on parental authority as provided strength or contortion, or which requires the manual
for under the Family Code shall apply. transport of heavy loads; or
"Sec. 12-C. Trust Fund to Preserve Part of the Working "f) Is performed in an unhealthy environment exposing
Child's Income. - The parent or legal guardian of a the child to hazardous working conditions, elements,
working child below eighteen (18) years of age shall set substances, co-agents or processes involving ionizing,
up a trust fund for at least thirty percent (30%) of the radiation, fire, flammable substances, noxious
earnings of the child whose wages and salaries from work components and the like, or to extreme temperatures,
and other income amount to at least two hundred thousand noise levels, or vibrations; or
"g) Is performed under particularly difficult conditions; or selection criteria are shown to be jobrelated for the
position on question and are consistent with business
"h) Exposes the child to biological agents such as bacteria,
necessity;
fungi, viruses, protozoans, nematodes and other parasites;
or (c). Utilizing standards, criteria, or methods of
administration that:
"i) Involves the manufacture or handling of explosives
and other pyrotechnic products." 1). have the effect of discrimination on the basis of
disability; or
Section 5. Section 14 of the same Act is hereby amended
to read as follows: 2). perpetuate the discrimination of others who are subject
to common administrative control;
"Sec. 14. Prohibition on the Employment of Children in
Certain Advertisements. - No child shall be employed as (d). Providing less compensation, such as salary, wage or
a model in any advertisement directly or indirectly other forms of remuneration and fringe benefits, to a
promoting alcoholic beverages, intoxicating drinks, qualified disabled employee, by reason of his disability,
tobacco and its byproducts, gambling or any form of than the amount to which a non-disabled person
violence or pornography." performing the same work is entitled;
(e). Favoring a non-disabled employee over a qualified
disabled employee with respect to promotion, training
B) SEC. 35 RA NO. 8504 (PHIL. AIDS opportunities, study and scholarship grants, solely on
PREVENTION AND CONTROL ACT OF 1998) account of the latter’s disability;
Sec. 35. Discrimination in the workplace. —
(f). Re-assigning or transferring a disabled employee to a
Discrimination in any form from pre-employment to post-
job or position he cannot perform by reason of his
employment, including hiring, promotion or assignment,
disability;
based on the actual, perceived or suspected HIV status of
an individual is prohibited. Termination from work on the (g). Dismissing or terminating the services of a disabled
sole basis of actual, perceived or suspected HIV status is employee by reason of his disability unless the employer
deemed unlawful. can prove that he impairs the satisfactory performance of
the work involve to the prejudice of the business entities;
Provided, however, That the employer first sought
C) SEC. 32, TITLE 3, CHAP.1, RA 7277 (MAGNA provide reasonable accommodations for disabled persons;
CARTA FOR DISABLED PERSON) (h). Failing to select or administer in the effective manner
TITLE THREE PROHIBITION ON employment tests which accurately reflect the skills,
DISCRIMINATION AGAINST DISABLED PERSONS aptitude or other factor of the disabled applicant or
employee that such test purports to measure, rather than
CHAPTER 1 Discrimination on Employment the impaired sensory, manual or speaking skills of such
SECTION 32. Discrimination on Employment No applicant or employee, if any; and
entity, whether public or private, shall discriminate (i). Excluding disabled persons from membership in labor
against a qualified disabled person by reason of disability unions or similar organization.
in regard to job application procedures, the hiring,
promotion, or discharge of employees, employee
compensation, job training, and other terms, conditions,
D) SEC. 55.4, RA 8791 (GEN. BANKING LAWS OF
and privileges of employment. The following constitute
2000)
acts of discrimination:
SEC. 55 – PROHIBITED TRANSACTIONS
(a). Limiting, segregating or classifying a disabled job
applicant in such a manner that adversely affects his work 55.4. Consistent with the provisions of Republic Act No.
opportunities; 1405, otherwise known as the Banks Secrecy Law, no
bank shall employ casual or nonregular personnel or too
(b). Using qualification standards, employment tests or
lengthy probationary personnel in the conduct of its
other selection criteria that screen out or tend to screen out business involving bank deposits.
a disabled person unless such standards, tests or other
E) ART. 1703 CIVIL CODE (INVOLUNTARY 2. Any person who, being an acrobat, gymnast, rope-
SERVITUDE) walker, diver, wild-animal tamer or circus manager or
engaged in a similar calling, shall employ in exhibitions
Art. 1703. No contract which practically amounts to
of these kinds children under sixteen years of age who are
involuntary servitude, under any guise whatsoever, shall not his children or descendants.
be valid.
3. Any person engaged in any of the callings enumerated
in the next paragraph preceding who shall employ any
F) ART. 272 RPC (SLAVERY) descendant of his under twelve years of age in such
dangerous exhibitions.
Art. 272. Slavery. — The penalty of prision mayor and a
fine of not exceeding 10,000 pesos shall be imposed upon 4. Any ascendant, guardian, teacher or person entrusted in
anyone who shall purchase, sell, kidnap or detain a human any capacity with the care of a child under sixteen years
being for the purpose of enslaving him. of age, who shall deliver such child gratuitously to any
person following any of the callings enumerated in
If the crime be committed for the purpose of assigning paragraph 2 hereof, or to any habitual vagrant or beggar.
the offended party to some immoral traffic, the penalty
shall be imposed in its maximum period. If the delivery shall have been made in consideration of
any price, compensation, or promise, the penalty shall in
every case be imposed in its maximum period.
G) ART. 273 RPC (EXPLOITATION OF CHILD In either case, the guardian or curator convicted shall also
LABOR) be removed from office as guardian or curator; and in the
Art. 273. Exploitation of child labor. — The penalty of case of the parents of the child, they may be deprived,
prision correccional in its minimum and medium periods temporarily or perpetually, in the discretion of the court,
and a fine not exceeding 500 pesos shall be imposed upon of their parental authority.
anyone who, under the pretext of reimbursing himself of 5. Any person who shall induce any child under sixteen
a debt incurred by an ascendant, guardian or person years of age to abandon the home of its ascendants,
entrusted with the custody of a minor, shall, against the guardians, curators, or teachers to follow any person
latter's will, retain him in his service. engaged in any of the callings mentioned in paragraph 2
hereof, or to accompany any habitual vagrant or beggar.

H) ART. 274 RPC (SERVICES RENDERED UNDER


COMPULSION IN PAYMENT OF DEBTS)
Art. 274. Services rendered under compulsion in payment
of debt. — The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period shall
be imposed upon any person who, in order to require or
enforce the payment of a debt, shall compel the debtor to
work for him, against his will, as household servant or
farm laborer.

I) ART. 278 RPC (EXPLOITATION OF MINORS)


Art. 278. Exploitation of minors. — The penalty of
prision correccional in its minimum and medium periods
and a fine not exceeding 500 pesos shall be imposed upon:
1. Any person who shall cause any boy or girl under
sixteen years of age to perform any dangerous feat of
balancing, physical strength, or contortion.

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