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Title III

Working Conditions
for Special Groups
of Employees

EMPLOYMENT
OF WOMEN
Title 3, Chapter 1, Labor
Code
Sec. 14, Art. 2, Constitution
Sec. 14, Art. 13, Constitution
R.A. 10151
R.A. 8282
R.A 7877

Art. 2, Constitution
Sec. 14
The State recognizes the role of women in
nation-building,

and

shall

ensure

the

fundamental equality before the law of women


and men.
Proven capabilities of Filipino women
Expansion of womens role
Equality with men before the law

Art. 13, Constitution


Sec. 14

The State shall protect working women by providing


safe and healthful working conditions, taking into
account their maternal functions, and such facilities
and opportunities that will enhance their welfare
and enable them to realize their full potential in the
service of the nation.
Duty of the State
Grant of certain privilege not extended to

working men

Art. 130 [132]. Facilities for Women


Provide seats proper for women and permit
them to use such seats when they are free
from work and during working hours, provided
they can perform their duties in this position
without detriment of efficiency
To

establish

separate

toilet

rooms

and

lavatories for men and women and provide at


least a dressing room for women

Art. 130 [132]. Facilities for Women


Establish a nursery in a workplace for the
benefit of the woman employees working
therein
Determine appropriate minimum age and
other standards for retirement or termination
in special occupations such as those flight
attendants and the like

Art. 131 [133]. Maternity


Leave Benefits
1) Every employer shall grant to any pregnant woman
employee who has rendered an aggregate service
of at least six (6) months for the last twelve (12)
months, maternity leave of at least two (2)
weeks prior to the expected date of delivery
and another four (4) weeks after normal delivery
or abortion with full pay based on her regular or
average weekly wages. The employer may require
from any woman employee applying for maternity
leave the production of a medical certificate stating

Art. 131 [133]. Maternity


Leave Benefits
2) The maternity leave shall be extended without
pay on account of illness medically certified to
arise out of the pregnancy, delivery, abortion or
miscarriage, which renders the woman unfit for
work, unless she has earned unused leave credits
from which such extended leave may be charged

Art. 131 [133]. Maternity


Leave Benefits
3) The maternity leave provided in this Article shall
be paid by the employer only for the first four (4)
deliveries

by

woman

employee

after

effectivity of this Code


If the maternity benefits of employees under their
employment contracts or collective bargaining
agreements are greater (e.g., benefits allow longer
leaves beyond 60 days, or grant larger financial
compensation), such benefits will prevail over
the minimum required by Philippine labor laws.

the

Maternity Leave under SSS Law

A female member who has paid at least 3


monthly contributions in the 12-month period
immediately preceding the semester of her
childbirth or miscarriage shall be paid a daily
maternity

benefit

equivalent

to

one

hundred percent (100%) of the average


daily salary credit for sixty (60) days in
case of normal delivery or miscarriage, or
seventy-eight

(78)

days,

in

case

of

Paternity and Other Leaves


Paternity Leave
Battered Woman Leave AVAWC law
Special Leave if a female employee had
a gynecological surgery
Solo Parents Leave Parental Leave

Art. 132 [134]. Family Planning


Services; Incentives for Family
Planning
1. Establishments which are required by law
to maintain a clinic or infirmary shall
provide free family planning services to
their employees which shall include but
not limited to, the application or use of
contraceptive and intrauterine devices

Art. 132 [134]. Family Planning


Services; Incentives for Family
Planning
2. In coordination with other agencies of the
Government engaged in the promotion of
family planning, the Department of Labor
shall develop and prescribe incentive
bonus

schemes

to

encourage

family

planning among female workers in any


establishment or enterprise

Art. 133 [135]. DISCRIMINATION


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

The following are acts of discrimination:


1. Payment of a lesser compensation,
including wage, salary or other form
of remuneration and fringe benefits,
to a female employee as against a
male employee, for equal value; and
2. Favoring a male employee over a
female employee with respect to
promotion, training opportunities,
study and scholarship grants solely
on account of their sexes.

Art. 134 [136]. STIPULATION AGAINST


MARRIAGE.
It shall be unlawful for an employee to require as
a condition of employment or continuation of
employment that a woman employee shall not
get married or to stipulate expressly or tacitly
that upon getting married, a woman employee
shall be deemed resigned or separated, or to
actually

dismiss,

discharge,

discriminate

or

otherwise prejudice a woman employee merely


by reason of her marriage.

Art. 135 [137].


PROHIBITED ACTS.
It shall be unlawful for any employer:
To discharge any woman employed by him for the
purpose of preventing such woman from enjoying
the maternity leave, facilities and other benefits
provided under the Code;
To discharge such woman employee on account of
her
pregnancy, or while on leave or in
confinement due to her pregnancy;
To discharge or refuse the admission of such
woman upon returning to her work for fear that
she may be pregnant;
To discharge any woman or child or any other
employee for having filed a complaint or having


Art. 136 [138]. CLASSIFICATION OF
CERTAIN WOMEN WORKERS.
Any woman who is permitted or suffered to
work with or without compensation, in any
night

club,

cocktail

lounge,

beer

house,

massage clinic, bar or similar establishments,


under the effective control or supervision of
the employer for a substantial period of time
as determined by the Secretary of Labor and
Employment,

shall

be

considered

as

an

employee of such establishments for purposes


of labor and social legislation.

R.A. 7877
Anti-Sexual Harassment Act of
1995
SECTION 1. Title. This Act shall be known as the
Anti-Sexual Harassment Act of 1995.
SEC. 2. Declaration of Policy. The State shall
value the dignity of every individual, enhance the
development of its human resources, guarantee full
respect for human rights, and uphold the dignity of
workers, employees, applicants for employment,
students or those undergoing training, instruction or
education. Towards this end, all forms of sexual
harassment in the employment, education or
training environment are hereby declared unlawful.

SEC. 3. Work, Education or Training-related Sexual


Harassment Defined. Work, education or trainingrelated sexual harassment is committed by an
employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor,
or any other person who, having authority, influence or
moral ascendancy over another in a work or training or
education
environment,
demands,
requests
or
otherwise requires any sexual favor from the other,
regardless of whether the demand, request or
requirement for submission is accepted by the object of
said Act.
(a) In a work-related or employment environment,
sexual harassment is committed when:

(1) The sexual favor is made as a condition in the


hiring or in the employment, re-employment or
continued employment of said individual, or in
granting said individual favorable compensation,
terms,
conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating
or classifying the employee which in any way would
discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said
employee;
(2) The above acts wold impair the employees rights
or privileges under existing labor laws; or
(3) The above acts would result in an intimidating,
hostile, or offensive environment for the employee.

(b) In an education or training environment, sexual


harassment is committed:
(1) Against one who is under the care, custody or
supervision of the offender;
(2)
Against
one
whose
education,
training,
apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the
giving of a passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or
other benefits, privileges, or considerations; or
(4) When the sexual advances result in an intimidating,
hostile or offensive environment for the student, trainee
or apprentice.
Any person who directs or induces another to commit
any act of sexual harassment as herein defined, or who
cooperates in the commission thereof by another without
which it would not have been committed, shall also be

SEC. 4. Duty of the Employer or Head of Office in a


Work-related, Education or Training Environment.
It shall be the duty of the employer or the head of
the
work-related,
educational
or
training
environment or institution, to prevent or deter the
commission of acts of sexual harassment and to
provide the procedures for the resolution, settlement
or prosecution of acts of sexual harassment. Towards
this end, the employer or head of office shall:
(a) Promulgate appropriate rules and regulations in
consultation with and jointly approved by the
employees or students or trainees, through their duly
designated
representatives,
prescribing
the
procedure for the investigation of sexual harassment
cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to
prosecution in the proper courts for unlawful acts of

The said rules and regulations issued pursuant to


this subsection (a) shall include, among others,
guidelines on proper decorum in the workplace and
educational or training institutions.
(b) Create a committee on decorum and
investigation of cases on sexual harassment. The
committee shall conduct meetings, as the case may
be,
with officers and employees, teachers,
instructors, professors, coaches, trainors and
students or trainees to increase understanding and
prevent incidents of sexual harassment. It shall also
conduct
the
investigation
of
alleged
cases
constituting sexual harassment.

In the case of a work-related environment, the


committee shall be composed of at least one (1)
representative each from the management, the
union, if any, the employees from the supervisory
rank, and from the rank and file employees.
In the case of the educational or training institution,
the committee shall be composed of at least one (1)
representative from the administration, the trainors,
teachers, instructors, professors or coaches and
students or trainees, as the case may be.
The employer or head of office, educational or
training institution shall disseminate or post a copy
of this Act for the information of all concerned.

SEC. 5. Liability of the Employer, Head of Office,


Educational or Training Institution. The employer
or head of office, educational or training institution
shall be solidarily liable for damages arising from the
acts of sexual harassment committed in the
employment, education or training environment if
the employer or head of office, educational or
training institution is informed of such acts by the
offended party and no immediate action is taken
thereon.
SEC. 6. Independent Action for Damages. Nothing
in this Act shall preclude the victim of work,
education or training-related sexual harassment from
instituting a separate and independent action for
damages and other affirmative relief.

SEC. 7. Penalties. Any person who violates the


provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one (1)
month nor more than six (6) months, or a fine of not
less than Ten thousand pesos (P10,000) nor more
than Twenty thousand pesos (P20,000), or both such
fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provisions
of this Act shall prescribe in three (3) years.
SEC. 8. Separability Clause. If any portion or
provision of this Act is declared void or
unconstitutional, the remaining portions or provisions
hereof shall not be affected by such declaration.

SEC. 9. Repealing Clause. All laws, decrees,


orders, rules and regulations, other issuances, or
parts thereof inconsistent with provisions of this Act
are hereby repealed or modified accordingly.
SEC. 10. Effectivity Clause. This Act shall take
effect fifteen (15) days after its complete
publication in at least two (2) national newspapers
of general circulation.

EMPLOYMENT
OF MINORS
Title 3, Chapter 2, Labor
Code
R. A. No. 7610
R. A. No. 9231
R.A. No. 9208
Revised Penal Code: Arts.
272-274, Art. 278

ART. 137 [139]. Minimum


Employable Age
No child below fifteen (15) years of age shall be employed
Exception:
a) when he works directly under the sole responsibility of
his parents or guardian
b) his employment does not in any way interfere with his
schooling
)Any person between fifteen (15) and eighteen (18) years
of age may be employed for such number of hours and
such periods of the day as determined by the Secretary of
Labor in appropriate regulations.
)The foregoing provisions shall in no case allow the
employment of a person below eighteen (18) years of age
in an undertaking which is hazardous in nature as
determined by the Secretary of Labor.

ART. 138 [140]. Prohibition against Child


Discrimination

No employer shall discriminate against any


person in respect to terms and conditions of
employment on account of his age.
Implementing Rules state that any person regardless
of
sex
between ages 15 and 18- can be employed in any
nonhazardous work
ages 18 and up- can be employed in any
hazardous work

R. A. No. 7610
SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION ACT

Made into law: June 17,1992


The State shall intervene on behalf of the child
when the parent, guardian, teacher or person
having care or custody of the child fails or is
unable to protect the child against abuse,
exploitation and discrimination.

R. A. No. 9231
SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION ACT

Sec. 2-A.Hours of Work of a Working Child.- Under


the exceptions provided in Section 12 of this Act, as
amended:
(1) A child below fifteen (15) years of age may be
allowed to work for not more than twenty (20) hours a
week:
Provided, that the work shall not be more than four (4)
hours at any given day;
(2) A child fifteen (15) years of age but below
eighteen (18) shall not be allowed to work for more than
eight (8) hours a day, and in no case beyond forty (40)
hours a week;

(3) No child below fifteen (15) years of age shall


be allowed to work between eight o'clock in the
evening and six o'clock in the morning of the
following day and no child fifteen (15) years of
age but below eighteen (18) shall be allowed to
work between ten o'clock in the evening and
six o'clock in the morning of the following day .

Revised Penal Code Arts. 272-272, 278


Article 272. Slavery. The penalty of prision mayor
and a fine of not exceeding 10,000 pesos shall be
imposed upon anyone who shall purchase, sell,
kidnap or detain a human being for the purpose of
enslaving him.chanrobles virtual law library If the
crime be committed for the purpose of assigning the
offended party to some immoral traffic, the penalty
shall be imposed in its maximum period.chanrobles
virtual law library
Art. 273. Exploitation of child labor. The penalty of
prision correccional in its minimum and medium
periods and a fine not exceeding 500 pesos shall be
imposed upon anyone who, under the pretext of
reimbursing himself of a debt incurred by an
ascendant, guardian or person entrusted with the
custody of a minor, shall, against the latter's will,

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
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
2. Any person who, being an acrobat, gymnast, rope-walker,
diver, wild-animal tamer or circus manager or engaged in a
similar calling, shall employ in exhibitions of these kinds
children under sixteen years of age who are not his children or
descendants.
3. Any person engaged in any of the callings enumerated in the
next paragraph preceding who shall employ any descendant of
his under twelve years of age in such dangerous exhibitions.

4. Any ascendant, guardian, teacher or person entrusted


in any capacity with the care of a child under sixteen
years of age, who shall deliver such child gratuitously to
any person following any of the callings enumerated in
paragraph 2 hereof, or to any habitual vagrant or beggar.

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.
In either case, the guardian or curator convicted shall
also be removed from office as guardian or curator; and
in the case of the parents of the child, they may be
deprived, temporarily or perpetually, in the discretion of
the court, of their parental authority.
5. Any person who shall induce any child under sixteen
years of age to abandon the home of its ascendants,
guardians, curators, or teachers to follow any person
engaged in any of the callings mentioned in paragraph 2

EMPLOYMENT
OF
HOUSEHELPERS
Title 3, Chapter 3, Labor
Code
RA 10361

ARTICLE 1
GENERAL PROVISIONS

GENERAL PROVISIONS
SECTION 1.Short Title. This Act shall be known
as the Domestic Workers Act or Batas
Kasambahay.
SEC. 2.Declaration of Policies. It is hereby
declared that:
(a) The State strongly affirms labor as a primary
social force and is committed to respect,
promote, protect and realize the fundamental
principles and rights at work including, but not
limited to, abolition of child labor, elimination of
all forms of forced labor, discrimination in
employment and occupation, and trafficking in

GENERAL PROVISIONS
(b) The State adheres to internationally accepted
working conditions for workers in general, and
establishes labor standards for domestic workers in
particular, towards decent employment and income,
enhanced coverage of social protection, respect for
human rights and strengthened social dialogue;
(c) The State recognizes the need to protect the
rights
of
domestic
workers
against
abuse,
harassment, violence, economic exploitation and
performance of work that is hazardous to their
physical and mental health; and
(d) The State, in protecting domestic workers and
recognizing their special needs to ensure safe and
healthful working conditions, promotes gendersensitive
measures
in
the
formulation
and

GENERAL PROVISIONS
SEC. 3.Coverage. This Act applies to all domestic
workers employed and working within the country.
SEC. 4.Definition of Terms. As used in this Act, the
term:
(a)Debt bondagerefers 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 expensesrefers 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.

GENERAL PROVISIONS
(c)Domestic workrefers to work performed in or for a
household or households.
(d)Domestic workeror 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)Employerrefers to any person who engages and

GENERAL PROVISIONS
(f)Householdrefers 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.

ARTICLE 2
RIGHTS AND PRIVILEGES

RIGHTS AND PRIVILEGES


SEC. 5.Standard of Treatment. 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. 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.

RIGHTS AND PRIVILEGES


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

RIGHTS AND PRIVILEGES


SEC. 9.Right to Education and Training. 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.

ARTICLE 3
PRE-EMPLOYMENT

PRE-EMPLOYMENT
SEC. 11.Employment Contract. An employment contract shall be
executed by and between the domestic worker and the employer
before the commencement of the service in a language or dialect
understood by both the domestic worker and the employer. The
domestic worker shall be provided a copy of the duly signed
employment contract which must include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.

PRE-EMPLOYMENT
The Department of Labor and Employment (DOLE)
shall develop a model employment contract for
domestic workers which shall, at all times, be
made available free of charge to domestic workers,
employers, representative organizations and the
general public. The DOLE shall widely disseminate
information to domestic workers and employers on
the use of such model employment contract.
In cases where the employment of the domestic
worker is facilitated through a private employment
agency, the PEA shall keep a copy of all
employment contracts of domestic workers and
shall be made available for verification and
inspection by the DOLE.

PRE-EMPLOYMENT
SEC. 12.Pre-Employment Requirement. Prior to
the execution of the employment contract, the
employer may require the following from the
domestic worker:
(a) Medical certificate or a health certificate issued
by a local government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI)
clearance; and
(d) Duly authenticated birth certificate or if not
available, any other document showing the age of
the domestic worker such as voters identification
card, baptismal record or passport.

PRE-EMPLOYMENT
However, Section 12(a), (b), (c) and (d) shall be
standard requirements when the employment
of the domestic worker is facilitated through
the PEA.
The cost of the foregoing shall be borne by the
prospective employer or agency, as the case
may be.

PRE-EMPLOYMENT
SEC. 13.Recruitment and Finders Fees. Regardless
of whether the domestic worker was hired through a
private employment agency or a third party, no share
in the recruitment or finders fees shall be charged
against the domestic worker by the said private
employment agency or third party.
SEC. 14.Deposits for Loss or Damage. It shall be
unlawful for the employer or any other person to
require a domestic worker to make deposits from
which
deductions
shall
be
made
for
the
reimbursement of loss or damage to tools, materials,
furniture and equipment in the household.
SEC. 15.Prohibition on Debt Bondage. It shall be
unlawful for the employer or any person acting on
behalf of the employer to place the domestic worker

PRE-EMPLOYMENT
SEC. 16.Employment Age of Domestic Workers. It shall be
unlawful to employ any person below fifteen (15) years of age
as a domestic worker. Employment of working children, as
defined under this Act, shall be subject to the provisions of
Section 10(A), paragraph 2 of Section 12-A, paragraph 4 of
Section 12-D, and Section 13 of Republic Act No. 7610, as
amended, otherwise known as the Special Protection of
Children Against Child Abuse, Exploitation and Discrimination
Act.
Working children shall be entitled to minimum wage, and all
benefits provided under this Act.
Any employer who has been sentenced by a court of law of any
offense against a working child under this Act shall be meted
out with a penalty one degree higher and shall be prohibited
from hiring a working child.
SEC. 17.Employers Reportorial Duties. The employers shall
register all domestic workers under their employment in the
Registry of Domestic Workers in the barangay where the

PRE-EMPLOYMENT
SEC. 18.Skills Training, Assessment and
Certification. To ensure productivity and assure
quality services, the DOLE, through the Technical
Education and Skills Development Authority
(TESDA), shall facilitate access of domestic
workers to efficient training, assessment and
certification based on a duly promulgated
training regulation.

ARTICLE 4
EMPLOYMENT TERMS AND
CONDITIONS

SEC. 19.Health and Safety. The


employer shall safeguard the health and
safety of the domestic worker in
accordance
with
laws,
rules
and
regulations, with due consideration of the
peculiar nature of domestic work.
SEC.
20.Daily
Rest
Period.
The
domestic worker shall be entitled to an
aggregate daily rest period of eight (8)
hours per day.

SEC. 21.Weekly Rest Period. 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; or

SEC. 22.Assignment to Nonhousehold Work. No


domestic worker shall be assigned to work in a
commercial, industrial or agricultural enterprise at a
wage rate lower than that provided for agricultural or
nonagricultural workers. In such cases, the domestic
worker shall be paid the applicable minimum wage.
SEC. 23.Extent of Duty. The domestic worker and
the employer may mutually agree for the former to
temporarily perform a task that is outside the latters
household for the benefit of another household.
However, any liability that will be incurred by the
domestic worker on account of such arrangement
shall be borne by the original employer. In addition,
such work performed outside the household shall
entitle the domestic worker to an additional payment
of not less than the existing minimum wage rate of a
domestic worker. It shall be unlawful for the original

SEC 24.Minimum Wage. The minimum wage of


domestic workers shall not be less than the
following:
(a) Two thousand five hundred pesos (P2,500.00) a
month for those employed in the National Capital
Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for
those employed in chartered cities and first class
municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a
month for those employed in other municipalities.
After one (1) year from the effectivity of this Act,
and periodically thereafter, the Regional Tripartite
and Productivity Wage Boards (RTPWBs) shall
review, and if proper, determine and adjust the
minimum wage rates of domestic workers.

SEC 25.Payment of Wages. 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. 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
copies of the pay slip shall be kept by the employer
for a period of three (3) years.
SEC. 27.Prohibition on Interference in the Disposal
of Wages. It shall be unlawful for the employer to
interfere with the freedom of any domestic worker to
dispose of the latters wages. The employer shall not
force, compel or oblige the domestic worker to
purchase merchandise, commodities or other
properties from the employer or from any other
person, or otherwise make use of any store or
services of such employer or any other person.

SEC 28.Prohibition Against Withholding of Wages. It


shall be unlawful for an employer, directly or
indirectly, to withhold the wages of the domestic
worker. If the domestic worker leaves without any
justifiable reason, any unpaid salary for a period not
exceeding fifteen (15) days shall be forfeited.
Likewise, the employer shall not induce the domestic
worker to give up any part of the wages by force,
stealth, intimidation, threat or by any other means
whatsoever.
SEC. 29.Leave Benefits. A domestic worker who has
rendered at least one (1) year of service shall be
entitled to an annual service incentive leave of five
(5) days with pay:Provided,That any unused portion
of said annual leave shall not be cumulative or carried
over to the succeeding years. Unused leaves shall not
be convertible to cash.

SEC. 30.Social and Other Benefits. 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.
SEC. 31.Rescue and Rehabilitation of Abused
Domestic Workers. Any abused or exploited
domestic worker shall be immediately rescued by
a municipal or city social welfare officer or a social
welfare officer from the Department of Social
Welfare and Development (DSWD) in coordination
with the concerned barangay officials. The DSWD
and the DILG shall develop a standard operating
procedure for the rescue and rehabilitation of
abused domestic workers, and in coordination with
the DOLE, for possible subsequent job placement.

ARTICLE 5
POST-EMPLOYMENT

SEC. 32.Termination of Service. Neither the


domestic worker nor the employer may terminate the
contract before the expiration of the term except for
grounds provided for in Sections 33 and 34 of this
Act. If the domestic worker is unjustly dismissed, the
domestic worker shall be paid the compensation
already earned plus the equivalent of fifteen (15)
days work by way of indemnity. If the domestic
worker leaves without justifiable reason, any unpaid
salary due not exceeding the equivalent fifteen (15)
days work shall be forfeited. In addition, the
employer may recover from the domestic worker
costs incurred related to the deployment expenses, if
any:Provided,That the service has been terminated
within six (6) months from the domestic workers
employment.

If the duration of the domestic service is not


determined either in stipulation or by the nature
of the service, the employer or the domestic
worker may give notice to end the working
relationship five (5) days before the intended
termination of the service.
The domestic worker and the employer may
mutually agree upon written notice to preterminate the contract of employment to end
the employment relationship.

SEC. 33.Termination Initiated by the Domestic


Worker. The domestic worker may terminate the
employment relationship at any time before the
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

SEC. 34.Termination Initiated by the Employer. An


employer may terminate the services of the domestic
worker at any time before the expiration of the contract,
for any of the following causes:
(a) Misconduct or willful disobedience by the domestic
worker of the lawful order of the employer in connection
with the formers work;
(b) Gross or habitual neglect or inefficiency by the
domestic worker in the performance of duties;
(c) Fraud or willful breach of the trust reposed by the
employer on the domestic worker;
(d) Commission of a crime or offense by the domestic
worker against the person of the employer or any
immediate member of the employers family;
(e) Violation by the domestic worker of the terms and
conditions of the employment contract and other standards
set forth under this law;
(f) Any disease prejudicial to the health of the domestic

SEC. 35.Employment Certification. Upon the


severance of the employment relationship, the
employer shall issue the domestic worker within
five (5) days from request a certificate of
employment indicating the nature, duration of
the service and work performance.

ARTICLE 6
PRIVATE EMPLOYMENT
AGENCIES

SEC. 36.Regulation of Private Employment Agencies


(PEAs). The DOLE shall, through a system of
licensing and regulation, ensure the protection of
domestic workers hired through the PEAs.
The PEA shall be jointly and severally liable with the
employer for all the wages, wage-related benefits,
and other benefits due a domestic worker.
The provision of Presidential Decree No. 442, as
amended, otherwise known as the Labor Code of
the Philippines, on qualifications of the PEAs with
regard to nationality, networth, owners and officers,
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

ARTICLE 7
SETTLEMENT OF DISPUTES

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.

ARTICLE 8
SPECIAL PROVISIONS

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.
SEC. 39. Araw Ng Mga Kasambahay. The
date upon which the President shall approve
this Domestic Workers Act shall be
designated
as
the
Araw
ng
mga
Kasambahay.

ARTICLE 9
PENAL AND MISCELLANEOUS
PROVISIONS

SEC. 40.Penalty. Any violation of the


provisions of this Act declared unlawful
shall be punishable with a fine of not less
than Ten thousand pesos (P10,000.00)
but not more than Forty thousand pesos
(P40,000.00) without prejudice to the
filing of appropriate civil or criminal
action by the aggrieved party.

SEC. 41.Transitory Provision; Non-Diminution


of Benefits. 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

SEC.
42.Implementing
Rules
and
Regulations. Within ninety (90) days from
the effectivity of this Act, the Secretary of
Labor and Employment, the Secretary of
Social Welfare and Development, the
Secretary of the Interior and Local
Government, and the Director General of the
Philippine National Police, in coordination
with other concerned government agencies
and
accredited
nongovernment
organizations (NGOs) assisting domestic
workers, shall promulgate the necessary
rules and regulations for the effective
implementation of this Act.

ARTICLE 10
FINAL PROVISIONS

SEC. 43.Separability Clause. If any


provision or part of this Act is declared
invalid or unconstitutional, the remaining
parts or provisions not affected shall
remain in full force and effect.
SEC. 44.Repealing Clause. All articles or
provisions of Chapter III (Employment of
Househelpers) of Presidential Decree No.
442, as amended and renumbered by
Republic Act No. 10151 are hereby
expressly repealed. All laws, decrees,
executive orders, issuances, rules and
regulations or parts thereof inconsistent
with the provisions of this Act are hereby

SEC. 45.Effectivity Clause. This Act


shall take effect fifteen (15) days after its
complete
publication
in
theOfficial
Gazetteor in at least two (2) national
newspapers of general circulation.

EMPLOYMENT
OF
HOMEWORKERS
Title 3, Chapter 4, Labor
Code

Art. 151 [153]. Regulation of


Industrial Homeworkers
The employment of industrial workers and field
personnel shall be regulated by the Government
through

appropriate

regulations

issued

by

the

secretary of Labor to ensure the general welfare


and protection of homeworkers and field personnel
and the industries employing them.

Art. 152 [154]. Regulations of


Secretary of Labor
The regulation or orders to be issued pursuant to
this Chapter shall be designed to assure the
minimum terms and conditions of employment
applicable to the industrial homeworkers or field
personnel involved.

Art. 153 [155]. Distribution of


Homework
For purpose of this Chapter, the employer of
homeworkers

includes

any

person,

natural

or

artificial, who for his account or benefit, or on


behalf of any person residing outside the country,
directly or indirectly or through any employee,
agent, contractor, sub-contractor
person:

or any other

(1) Delivers, or causes to be delivered, any goods,


articles or materials to be processed or fabricated in or
about a home and thereafter to be returned or to be
disposed

of or distributed

in

accordance with

his

directions; or

(2) Sells any goods, articles or materials for the purpose


of having the same processed or fabricated in or about a
home and then rebuys them after such processing or
fabrication, either himself or through some other person.

EMPLOYMENT
OF
NIGHTWORKERS
Title 3, Chapter 5, Labor
Code
R.A. 10151 Section 8 & D.O.
119-12 Section 11

Article 154. COVERAGE


This chapter shall apply to all persons, who shall be
employed or permitted or suffered to work at night,
except

those

employed

in

agriculture,

stock

raising, fishing, maritime transport and inland


navigation, during a period of not less than seven
(7) consecutive hours, including the interval from
midnight to five oclock in the morning, to be
determined
Employment,

by

the
after

Secretary
consulting

of
the

Labor

and

workers

representatives/labor organizations and employers.

Night worker means any employed person whose


work requires performance of a substantial number
of hours of night work which exceeds a specific
limit. This limit shall be fixed by the Secretary of
Labor

after

consulting

the

workers

representatives/labor organizations and employers.

Article 155. Health Assessment


At their request, workers shall have the right to
undergo a health assessment without charge and to
receive advice on how to reduce or avoid health
problems associated with their work:
a) Before taking up an assignment as a night worker;
b) At regular intervals during such an assignment; and
c) If they experience health problems during such an
assignment which are not caused by factors other than
the performance of night work.
With the exception of a finding of unfitness for night
work, the findings of such assessments shall not be
transmitted to others without the workers consent and
shall not be used to their detritment.

Article 156. Mandatory Facilities


Suitable first-aid facilities shall be made available for

workers performing night work, including arrangements


where such workers, where necessary, can be taken
immediately to a place for appropriate treatment. The
employers are likewise required to provide safe and
healthful

working

conditions

and

adequate

or

reasonable facilities such as sleeping or resting quarters


in the establishment and transportation from the work
premises to the nearest point of their residence subject
to exceptions and guidelines to be provided by the
DOLE.

Article 157. Transfer


Night workers who are certified as unfit for night
work, due to health reasons, shall be transferred,
whenever practicable, to a similar job for which
they are fit to work.
If such transfer to a similar job is not practicable,
these workers shall be granted the same benefits
as other workers who are unable to work, or to
secure employment during such period.

A night worker certified as temporary unfit for


night work shall be given the same protection
against dismissal or notice of dismissal as other
workers

who

are

reasons of health.

prevented

from

working

for

Article 158. WOMEN NIGHT WORKERS


Measures shall be taken to ensure that an
alternative to night work is available to
women workers who would otherwise be
called upon to perform such work:
a) Before and after childbirth, for a period of
at least sixteen (16) weeks, which shall be
divided between the time before and after
childbirth

Article 158. WOMEN NIGHT WORKERS


b) For additional periods, in respect of
which a medical certificate is produced
stating that said additional periods are
necessary for the health of the mother
and child:
1. During pregnancy;
2. During a specified time beyond the
period, after childbirth is fixed
pursuant to subparagraph (a) above,
the length of which shall be
determined by the DOLE after
consulting the labor organizations
and employers

i. A woman worker shall not be


dismissed
or
given
notice
of
dismissal,
except
for
just
or
authorized causes provided for in this
Code that are not connected with
pregnancy, childbirth and childcare
responsibilities
ii. A woman worker shall not lose the
benefits
regarding
her
status,
seniority, and access to promotion
which may attach to her regular night
work position

Pregnant women and nursing mothers


may be allowed to work at night only
if a competent physician, other than
the company physician, shall certify
their fitness to render night work, and
specify, in the case of pregnant
employees,
the
period
of
the
pregnancy that they can safely work.

The measures referred


article may include:

to

in

this

a) transfer to day work where this is


possible
b) the provision of social security
benefits;
c) or an extension of maternity leave

The provisions of this article


shall not have the effect of
reducing the protection and
benefits
connected
with
maternity leave under existing
laws

Article 159. COMPENSATION

The
compensation
for
night
workers in the form of working
time, pay or similar benefits shall
recognize the exceptional nature
of night work.

Article 160. Social Services


Appropriate social services shall be provided
for night workers and, where necessary, for
workers performing night work.

Article 161. Night Workers


Schedule
Before introducing work schedules requiring the
services of night workers, the employer shall consult
the

workers

representatives/labor

organizations concerned on the details of such


schedules and the forms of organization of night work
that are best adapted to the establishment and its
personnel, as well as on the occupational health
measures and social services which are required. In
establishments employing night workers, consultation
shall take place regularly.

R.A. 10151 Section 8 & D.O. 119-12 Section 11

Any violation in this Act, and the rules and


regulations issued pursuant hereof shall be
punished with a fine of not less than 30,000
pesos nor more than 50,000 pesos or
imprisonment of not less than six (6)
months, or both, at the discretion of the
court. If the offense is committed by a
corporation, trust, firm, partnership or
association, or other entity, the penalty shall
be imposed upon the guilty officer or officers
of such corporation, trust, firm, partnership
or association, or entity.

EMPLOYMENT
OF NONRESIDENT ALIENS
Book 1, Title 2, Chapter 3,
Labor Code

Article 40. Employment


Permit of Non-Resident
alien seeking admission
Aliens to the Philippines

Any
for
employment purposes and any domestic or foreign employer
who desires to engage an alien for employment in the
Philippines shall obtain an employment permit from the
Department of Labor.
The employment permit may be issued to a non-resident alien
or to the applicant employer after a determination of the nonavailability of a person in the Philippines who is competent,
able and willing at the time of application to perform the
services for which the alien is desired.
For an enterprise registered in preferred areas of investments,
said employment permit may be issued upon recommendation
of the government agency charged with the supervision of
said registered enterprise.

Article 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 employment


in violation of the provision of this Title and its
implementing rules and regulations shall be punished
in accordance with the provisions of Articles 289 and
290 of the Labor Code.

In addition, the alien worker shall be subject to


deportation after service of his sentence.

Article 42. Submission


of List

Any employer employing non-resident


foreign nationals on the effective date of
this Code shall submit a list of such
nationals to the Secretary of Labor within
thirty (30) days after such date indicating
their names, citizenship, foreign and local
addresses, nature of employment and
status of stay in the country. The
Secretary of Labor shall then determine if
they are entitled to an employment
permit.

EMPLOYMENT
OF STUDENTS &
WORKING
SCHOLARS
R.A. 7323

Republic Act No. 7323


An act to help poor but deserving students
pursue their education by encouraging their
employment
during
summer
and/or
Christmas vacations, through incentives
granted to employers, allowing them to pay
only sixty per centum of their salaries or
wages and the forty per centum through
education vouchers to be paid by the
government, prohibiting and the filing of
fraudulent or fictitious claims, and for other
purposes.

Sec. 1
Any provision of law to the contrary notwithstanding, any
person or entity employing at least fifty (50) persons may
during the summer and/or Christmas vacation employ
poor but deserving students fifteen (15) years of age but
not more than twenty-five (25) years old, paying them a
salary or wage not lower than the minimum wage
provided by law and other applicable labor rules and
regulations.
For purposes of this Act, poor but deserving students
refer to those whose parents combined incomes,
together with their income, if any, do not exceed Thirty
six thousand pesos (P36,000) per annum. Employment
should be at the Labor Exchange Center of the
Department of Labor and Employment (DOLE).

Sec. 2
Sixty per centum (60%) of said salary or wage shall be paid
by the employer in cash and forty per centum (40%) by the
Government in the form of a voucher which shall be
applicable in the payment for his tuition fees and books in
any educational institution for secondary, tertiary,
vocational or technological education. The amount of the
education voucher shall be paid by the Government to the
educational institution concerned within thirty (30) days
from its presentation to the officer or agency designated by
the Secretary of Finance
The voucher shall not be transferable except when the
payee thereof dies or for a justifiable cause stops in his
duties in which case it can be transferred to his brothers or
sisters. If there be none, the amount thereof shall be paid
his heirs or to the payee himself, as the case may be.

Sec. 3
The Secretary of Labor and Employment, the
Secretary of Education, Culture and Sports and the
Secretary of Finance shall issue the corresponding
rules and regulations to carry out the purposes of
this Act
The Secretary of Labor and Employment shall be
the Project Director of this program

Sec 4
Any person or entity who shall make any fraudulent
or fictitious claim under this Act, regardless of
whether payment has been made, shall upon
conviction be punished with imprisonment of not less
than six (6) months and not more than one (1) year
and a fine of not less than Ten thousand pesos
(P10,000), without prejudice to their prosecution and
punishment for any other offenses punishable under
the Revised Penal Code or any other penal statute.
In case of partnerships or corporations, the
managing partner, general manager, or chief
executive officer, as the case may be, shall be
criminally liable

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