PHILIPPINE LABOR LAWS: NEW IMPLEMENTING RULES AND REGULATIONS AND

EXECUTIVE ORDERS

1. IMPLEMENTING RULES AND REGULATIONS OF R.A 10524 ENTITLES AN

ACT EXPANDING THE POSITIONS RESERVED FOR PERSONS WITH
DISABILITY”

IRR OF RA 10524 – EQUAL OPPORTUNITY FOR EMPLOYMENT, SEC. 5 OF R.A

NO. 7277 as amended
Purpose: It is promulgated to prescribe the procedures and guidelines of RA 10524 to
facilitate compliance and achieve its objectives
Construction: It is to be applied in accordance and in furtherance of policies of RA 10524.
In case of doubt, it shall be construed liberally and in favor of persons with disabilities.
Aim: To provide persons with disability, equal opportunity for employment and equal
remuneration for work of equal value.
*The State shall facilitate access of persons with disability to labor market information,
capacity building programs, and wage employment.

a. Coverage
It shall cover all government agencies and private corporations

GOVERNMENT AGENCIES - any department, bureau, office, commission,

administration, board, institute, state universities and colleges, government-owned or
controlled corporations with original charter, whether performing government or
proprietary function, or any other unit of the national government, as well as provincial,
city or municipal government.

PRIVATE CORPORATION - refers to business establishments. It also refers to private

sector or private entities.

There are two different types of persons with disabilities in terms of labor jargon. The first
PWD which refer to those who have long term physical, mental, intellectual or sensory
impairments, and secondly, those referring to Qualified Persons with Disability or
individuals with disability, who, with reasonable accommodations, can perform the
essential functions of employment.

REASONABLE ACCOMMODATION:
1. Improvement of existing facilities in order to make them readily accessible to
PWD’s
(e.g. ramps instead of stairs for persons in wheelchair)
2. Modification of work schedule
 (e.g. allowable leaves for persons with mental disorders as for them to deal with
their doctors. Since such persons are easily prone to stress, reasonable
modification of work schedules should be implemented)
3. Acquisition or modification of devices or equipment
(e.g. handles or knobs for persons with severed hands or arms)
4. Modification of examinations, training materials or company policies
5. Provision of auxiliary aids and assistive devices, and other similar
accommodations for PWDs.

*Appointing Officers or any person or body authorized by law to make appointments

in the Civil Service may assist in such implementations of reasonable accommodation

b. Employment
There should not only be equal employment opportunity, but as well as suitable
employment to all qualified PWDs.
// Efforts to be exerted to provide for equal opportunity
// Selection process based on qualified standards
// Positions appointed in government
// Requirements to be set by employers in private corps.
// Subject to same terms and conditions of employment
(compensation, privileges, fringe benefits, benefits, incentives, allowances)
X NO PWD SHALL BE DENIED ACCESS TO OPPORTUNITIES FOR SUITABLE
EMPLOYMENT
X NO DISCRIMINATION ON BASIS OF DISABILITY UPON:
- Recruitment
- Hiring and employment
- Continuance of employment
- Career advancement
- Safe and healthy working conditions

b.1. For Government Agencies – at least 1% of all regular and non-regular

positions in all government agencies shall be reserved for PWDs.
Government agencies may also choose to hire more than the said percentage of
hiring PWDs. There is no maximum number of employed PWDs.

However, in cases where no qualified PWD applies for the available position, the
concerned agency has the option to hire non-PWD applicant.
 b.2 For Private Corporations – private corporations with more than 100 employees
are encouraged to reserve at least more than 1% of all positions for PWDs.

However, nothing in this rule shall prevent private corps. With less than 100
employees from hiring PWDs.

c. Standards and Qualifications

After a preliminary determination has been made that a PWD has met the
requirements prescribed by the qualification standards for the subject position, said
PWD shall be screened and evaluated by the Selection Board of the concerned
agency.

*PWDs appointed to non-career positions, including casual employees, must meet the
requirements prescribed by the qualification standards
Except: civil service eligibility
(Provided: the positions are not covered by the laws on declaration of the bar and
board examinations as civil service examinations)

“Civil Service Rule and Labor Laws” – appointing officer’s guide to appointing a PWD

The fitness of a PWD shall initially be determined by the employer on the basis of
the qualification standards established for the position.

d. Incentives

Private corporations which are employing PWDs shall be entitles to incentives

(as stated in the Magna Carta for Persons with Disabilities):

// Entitled to additional deduction, from their gross income, equivalent to 25% of

the total amount of paid salaries and wages to PWDs.
(provided: that such entities present proof as certified by DOLE that such PWD
are under their employ)

e. Duties and Responsibilities of Concerned Agencies (R V C S)

e.1. Review their personal services itemization and plantilla of personnel
e.2. Post all Vacant positions in 3 conspicuous places and publish the same in
appropriate websites, newspapers, for at least ten days, indicating full details
about vacancy.
-position title
-item
-number
-full qualification standards required
-work station
 e.3. Comply with regular publication and appropriation of funds
e.4. Submit every 15TH OF JANUARY an annual report on the total number of
positions reserved for PWDs

All IRRs are to be done in coordination with CSC, NSDC, DOLE, and DOH.

f. Monitoring and Reportial Duties

All government agencies ahall be responsible in monitoring compliance of all

offices/attached units under its jurisdiction/supervision on the requirement of
reserving at least 1% of all positions for PWDs.

The accomplishments report which shall include data on the number of PWDs
employed, status of employment, position occupied and other pertinent data
gathered by the DOLE and CSC shall be submitted to NCDA on or before every
15th day of January. Upon request of an interested party, the report shall be
made available by the concerned agencies.

g. Funding

ALL GOVERNMENT AGENCIES to allocate a certain amount from their

respective annual budget for the implementation of this law and IRR.
*Subject to usual government accounting and auditing rules.

2. EXECUTIVE ORDER NO, 51 AS AMENDED, TO PROTECT THE RIGHT TO

SECURITY OF TENURE OF ALL WORKERS BASED ON SOCIAL JUSTICE

EXECUTIVE ORDER NO. 51 – A prohibition against illegal contracting and

subcontracting, where undertaken to circumvent the worker’s right to security of
tenure, self-organization and collective bargaining, and peaceful concerted
activities.
*Security of Tenure – right of employees no to be dismissed or removed without
just of authorized cause and observance of procedural due process consistent with
the Constitution.
The right to employment is an individual’s property; under the 1987 Philippine
Constitution, one is entitled to right of person and property, which shall be afforded
the full of the State through provisions of the law. Contractualization, technically,
is allowed in Philippine laws; however, hypothetically, it aims to disrupt the very
nature in which security of tenure is relied upon. There is no security of tenure in
the discontinuance of employment without just causes; however, there is also
security of tenure in the employer’s judgment of following the contract between him
and employee. Hence, what is purposely avoided through the creation of this order
is to ban the immorality of what has become a cloak for employers to hide from as
they continue to be unjustly enriched while the employees suffer through supposed
technicalities.

Passed on: May 1, 2018, amending Article 106 to 109 of the Presidential Decree
442 of the Labor Code
Scope of Application: the EO only intends to reinforce existing provisions,
executing and implementing existing rules, laws, and regulations.
XX it does not amend or does not even provide suppletorily to existing provisions
of law

a. Enforcement
The Secretary of Labor and Employment through his duly authorized
representatives shall conduct inspection of establishments
He shall also be the designated representative
Rationale: without the proper officer regularly checking on the continuance of
implementation of such executive order, such compliance would not have been
full.
// full access to employer’s:
-records
-premises
-any personnel at any time of the day or night
-right to copy therefrom
-to question any employee and investigate any fact, condition, matter which
may be necessary to determine violations or which may aid in the
enforcement of the Labor Code, or any other law, wage, order, or relevant
rules and regulations.

b. Sanctions
Appropriate violations shall be penalized.
// All government agencies in the executive branch are directed to cooperate
and extend to the DOLE and shall provide assistance.
3. IMPLEMENTING RULES AND REGULATIONS OF R.A. 10911 (ANTI-AGE
DISCRIMINATION IN EMPLOYMENT ACT)
Aim: to further strengthen the implementation of visitorial and enforcement powers
under the Labor Code towards securing a higher level of compliance with labor
laws and standards.
*It also aims to ensure the continuity and sustainability of compliance in workplaces
Passed: July 21, 2016, also known as R.A. No. 10911 or the Anti-Age
Discrimination in Employment Act.
It is basically an act prohibiting discrimination against any individual in employment
on account of age and providing the penalties for such prohibited acts.

Promotes:
//equal employment opportunities for everyone
Mandates:
//employers to hire based on abilities, knowledge, skills, and qualifications

XX All employers are now prohibited to PRINT or PUBLISH any form of media,
including the internet, any notice of advertisement relating to employment
suggesting:
- Preferences
- Limitations
- Specifications
- Discriminations
-_____based on age.

XX All labor contractors or subcontractors are prohibited to refuse for employment

or discriminate against any individual because of such person’s age

*HOWEVER, it is still LEGAL and ALLOWED to set age limitations in employment

provided:
1. age is a bonafide occupational qualification necessary in the normal operation
of a particular business
2. or where differentiation is based on reasonable factors other than age
3. the intent is to observe the terms of a bona fide seniority system that is not
indicated to evade the purpose of the Act
4. the intent is to observe the terms of a bona fid employee retirement or a
voluntary early retirement plan
a. violation
Penalties for violation shall be P50, 000 but not more than P500, 000, or
imprisonment of not less than 3 months but not more than 2 years, or both.
 If the offense is committed by a corporation, trust, firm, or partnership, or
association or entity, the penalty shall be imposed upon the guilty officer or
officers.

Applicability: In case of doubt, the law is to be construed in favor of the employee.