BOOK THREE who is under his order as regards the employment.

Conditions of Employment (SSS Law; RA 1161)

TITLE I  EMPLOYEE— any person who performs services for
Working Conditions and Rest Periods an employer in which either or both mental or
CHAPTER I physical efforts are used and who receives
Hours of Work compensation for such services, where there is an
employer-employee relationship. (SSS Law; RA
ARTICLE 82. Coverage. — The provisions of this Title shall 1161)
apply to employees in all establishments and  The Four Fold Test:
undertakings whether for profit or not, but not to 1. The selection and engagement of the employee
government employees, managerial employees, field 2. The payment of wages
personnel, members of the family of the employer who 3. The power of dismissal
are dependent on him for support, domestic helpers, 4. The employer’s power to control the employee
persons in the personal service of another, and workers with respect to the means and methods by which
who are paid by results as determined by the Secretary the work is to be accomplished (control test) **
of Labor in appropriate regulations.  Titles are weak indicators of E-E relationship. The fact
that one is designated as branch manager does not
As used herein, "managerial employees" refer to those make him an employee. (Sevila v. CA)
whose primary duty consists of the management of the  In declaring that the caddies are not employees of
establishment in which they are employed or of a the golf club the SC said, “In the very nature of things
department or subdivision thereof, and to other officers caddies must submit to some supervision of their
or members of the managerial staff. conduct while enjoying the privilege of pursuing their
occupation within the premises and grounds of
"Field personnel" shall refer to non-agricultural whatever club they do their work in. For all that is
employees who regularly perform their duties away from made to appear, they work for the club to which they
the principal place of business or branch office of the attach themselves on sufferance but, on the othr
employer and whose actual hours of work in the field hand, also without having to observe any working
cannot be determined with reasonable certainty. hours, free to leave anytime they please, to stay
away for as long as they like. The club may even bar
 The character of the relationship between the them from the premises even absent any breach of
parties is not whatever they call it in their contract the rules. (Manila Golf & Country Club v. IAC)
but what the law calls it after examination of the  Exclusivity of service for the company, control of
facts (it varies from case to case). Therefore the assignments and removal of agents, collection of
existence of an employer-employee relationship is premiums, furnishing of facilities and materials as
not a matter of stipulation but a question of law. well as capital described as unit development fund
 Depending on the applicability of the tests of are indicators that one is an employee of the
employment, an employer-employee relationship insurance company. (Insurance Assurance Co. v.
may exist regardless of the nature of the activities NLRC)
involved. The kind of work is not the definitive test  Independent Contractors can employ others to work
of whether the worker is an employee or not. an accomplish contemplated result without consent
of the contractee, while employee cannot substitute
Example: A company physician who will give medical another in his place without the consent of his
attention to employees as required by Art. 163 is employer. (Luker Sand & Gravel Co v. Industrial
necessary and desirable but that fact that not decide Commission)
whether the physician is an employee or not i.e. if he  The Economic Dependence Test: Asks whether the
is on a retained basis, under Art. 163, he is not worker is dependent on the alleged employer for his
necessarily an employee. continued employment in the line of business.
 EMPLOYER— any person natural or juridical,  Two-Tierred Test:
domestic or foreign who carries on in the Philippines 1. The putative employer’s power to control the
any trade, business, industry undertaking or activity employee with respect to the means and
of any kind and uses the services of another person methods by which the work is to be
accomplished. (Control Test)
 2. The underlying economic realities of the activity as testimony of co-employees may serve as evidence
or relationship such as these following of employee status.
circumstances:  Absence of name in the payroll is not sufficient proof
a. The extent to which the services performed to disprove one’s employment status. (Opulencia Ice
are an integral part of the employer’s Plant v. NLRC)
business  Mode of compensation is not a test of employment
b. The extent of the worker’s investment in status.
equipment and facilities  “While petitioner’s mode of compensation was on a
c. The nature and degree of control exercised per piece basis, the status and nature of their
by the employer employment was that of regular employee. (Labor
d. The worker’s opportunity for profit and loss Congress of the Philippines v. NLRC)
e. The amount of initiative, skill, judgment or  In Zamudio v. NLRC, the court held that the fact that
foresight required for the success of the the nature of their employment is on “pakiao” basis
claimed independent enterprise DOES NOT make the petitioners independent
f. Permanency and duration of the relationship contractors. Pakiao workers are considered
between the worker and employer employees as long as the employer exercises control
g. The degree of dependency of the worker over the means by which such workers are to
upon the employer for his continued perform their work.
employment in that line of business  The existence of Employment Relationship is
(Economic Dependence) determined by law and not by contract.
 In Angelina Francisco v. NLRC, Kasei Corp etc., the  In Paguio v. NLRC et al., the SC said “Respondent
court said “it is therefore apparent that petitioner is company cannot seek refuge under the terms of the
economically dependent on respondent corporation agreement it has entered with petitioner. The law, in
for her continued employment in the latter’s line of defining their contractual relationship does so, not
business. Based on the foregoing, there can be no necessarily or exclusively upon the terms of their
other conclusion that petitioner is an employee of written or oral contract, but also on the basis of the
respondent. She was selected and engaged by the nature of the work petitioner has been called to
company for compensation and is economically perform.
dependent upon respondent for her continued When Employment Relationship is Present
employment in that line of business. Her main job Salaried The SC affirmed the decision of the NLRC. The
function involved accounting and tax services Insurance element of control by the company on
rendered to respondent corporation on a regular Agent Honorato was present. He was controlled by
basis over an indefinite period of engagement. the company not only as to the kind of work,
Respondent corporation hired and engaged the amount of results, the kind of
performance but also by the power of
petitioner for compensation with power to dismiss
dismissal. Honorato by the nature of his
her for cause. More importantly, respondent position and work had been a regular
corporation had the power to control petitioner with employee and was therefore entitled to the
the means and methods by which the work is to be protection of the law could not just be
accomplished. terminated without valid and justifiable
 Substantial evidence is sufficient as basis for reason.
judgment on the existence of E-E relationship.
 Identification cards, cash vouchers covering the The test is whether the employer controls or
employee’s salaries are substantial evidence has reserved the right to control the
adequate to support a conclusion that petitioner was employee not only as to the result of the
work to be done but as to the means and
indeed an employee of employer. (Domasig v. NLRC)
methods by which the same is to be
 The fact that respondent (employer) has registered accomplished. (Great Pacific Life Assurance
the petitioners (employees) with the SSS is proof that Corp v. Judico)
the latter were his employees. The coverage of Social School Professors and instructors are not
Security Law is predicated on the existence of an E-E Teachers independent contractors. The court may take
relationship. (Flores et al. v. Nuestra et al.) judicial notice that a university controls the
 Appointment letters or employment contracts, work of the members of its faculty; that it
payrolls, organization charts, personnel lists, as well prescribes the courses or subjects that they
 teach and the time and place for teaching; performed between ten o'clock in the evening and six
that professors are compensated for their o'clock in the morning.
services by wages and a fixed duration; that ARTICLE 87. Overtime Work. — Work may be performed
professors are compensated for their beyond eight (8) hours a day provided that the employee
services by wages and salaries, rather than by
is paid for the overtime work, an additional
a share of the profits; that professors or
compensation equivalent to his regular wage plus at least
instructors cannot substitute others to do
their work without the consent of the twenty-five percent (25%) thereof. Work performed
university; and that they can be laid off if beyond eight hours on a holiday or rest day shall be paid
their work is unsatisfactory. All these indicate an additional compensation equivalent to the rate of the
that the university has control over their first eight hours on a holiday or rest day plus at least
work and that they are, therefore, employees thirty percent (30%) thereof.
and not independent contractors. (Feati ARTICLE 88. Undertime Not Offset by Overtime. —
University v. Bautista and Feati University Undertime work on any particular day shall not be offset
Faculty Club) by overtime work on any other day. Permission given to
Jeepney the employee to go on leave on some other day of the
Driver, Taxi
week shall not exempt the employer from paying the
Driver,
Barber
additional compensation required in this Chapter. 72
ARTICLE 89. Emergency Overtime Work. — Any
ARTICLE 83. Normal Hours of Work. — The normal hours employee may be required by the employer to perform
of work of any employee shall not exceed eight (8) hours overtime work in any of the following cases:
a day. (a) When the country is at war or when any other
Health personnel in cities and municipalities with a national or local emergency has been declared by the
population of at least one million (1,000,000) or in National Assembly 73 or the Chief Executive;
hospitals and clinics with a bed capacity of at least one
hundred (100) shall hold regular office hours for eight (8) (b) When it is necessary to prevent loss of life or property
hours a day, for five (5) days a week, exclusive of time for or in case of imminent danger to public safety due to an
meals, except where the exigencies of the service require actual or impending emergency in the locality caused by
that such personnel work for six (6) days or forty-eight serious accidents, fire, flood, typhoon, earthquake,
(48) hours, in which case, they shall be entitled to an epidemic, or other disaster or calamity;
additional compensation of at least thirty percent (30%)
of their regular wage for work on the sixth day. For (c) When there is urgent work to be performed on
purposes of this Article, "health personnel" shall include machines, installations, or equipment, in order to avoid
resident physicians, nurses, nutritionists, dieticians, serious loss or damage to the employer or some other
pharmacists, social workers, laboratory technicians, cause of similar nature;
paramedical technicians, psychologists, midwives,
attendants and all other hospital or clinic personnel. 70 (d) When the work is necessary to prevent loss or
ARTICLE 84. Hours Worked. — Hours worked shall damage to perishable goods; and
include (a) all time during which an employee is required
to be on duty or to be at a prescribed workplace; and (b) (e) Where the completion or continuation of the work
all time during which an employee is suffered or started before the eighth hour is necessary to prevent
permitted to work. serious obstruction or prejudice to the business or
Rest periods of short duration during working hours shall operations of the employer.
be counted as hours worked.
ARTICLE 85. Meal Periods. — Subject to such regulations Any employee required to render overtime work under
as the Secretary of Labor may prescribe, it shall be the this Article shall be paid the additional compensation
duty of every employer to give his employees not less required in this Chapter.
than sixty (60) minutes time-off for their regular meals. ARTICLE 90. Computation of Additional Compensation.
71 — For purposes of computing overtime and other
ARTICLE 86. Night-Shift Differential. — Every employee additional remuneration as required by this Chapter, the
shall be paid a night shift differential of not less than ten "regular wage" of an employee shall include the cash
percent (10%) of his regular wage for each hour of work wage only, without deduction on account of facilities
provided by the employer. EATCcI
CHAPTER II regular wage for work performed on Sundays and
Weekly Rest Periods holidays. DHITCc
ARTICLE 91. Right to Weekly Rest Day. — (a) It shall be (c) Work performed on any special holiday 74 shall be
the duty of every employer, whether operating for profit paid an additional compensation of at least thirty
or not, to provide each of his employees a rest period of percent (30%) of the regular wage of the employee.
not less than twenty-four (24) consecutive hours after Where such holiday work falls on the employee's
every six (6) consecutive normal work days. scheduled rest day, he shall be entitled to an additional
(b) The employer shall determine and schedule the compensation of at least fifty per cent (50%) of his
weekly rest day of his employees subject to collective regular wage.
bargaining agreement and to such rules and regulations (d) Where the collective bargaining agreement or other
as the Secretary of Labor and Employment may provide. applicable employment contract stipulates the payment
However, the employer shall respect the preference of of a higher premium pay than that prescribed under this
employees as to their weekly rest day when such Article, the employer shall pay such higher rate.
preference is based on religious grounds. CHAPTER III
ARTICLE 92. When Employer May Require Work on a Rest Holidays, Service Incentive Leaves, and Service Charges
Day. — The employer may require his employees to work ARTICLE 94. Right to Holiday Pay. 75 — (a) Every worker
on any day: shall be paid his regular daily wage during regular
(a) In case of actual or impending emergencies caused by holidays, except in retail and service establishments
serious accident, fire, flood, typhoon, earthquake, regularly employing less than ten (10) workers;
epidemic or other disaster or calamity to prevent loss of (b) The employer may require an employee to work on
life and property, or imminent danger to public safety; any holiday but such employee shall be paid a
compensation equivalent to twice his regular rate; and
(b) In cases of urgent work to be performed on the (c) As used in this Article, "holiday" includes: New Year's
machinery, equipment, or installation, to avoid serious Day, Maundy Thursday, Good Friday, the ninth of April,
loss which the employer would otherwise suffer; the first of May, the twelfth of June, the fourth of July,
the thirtieth of November, the twenty-fifth and thirtieth
(c) In the event of abnormal pressure of work due to of December and the day designated by law for holding
special circumstances, where the employer cannot a general election. 76
ordinarily be expected to resort to other measures; ARTICLE 95. Right to Service Incentive Leave. 77 — (a)
Every employee who has rendered at least one year of
(d) To prevent loss or damage to perishable goods; service shall be entitled to a yearly service incentive leave
of five days with pay.
(e) Where the nature of the work requires continuous (b) This provision shall not apply to those who are already
operations and the stoppage of work may result in enjoying the benefit herein provided, those enjoying
irreparable injury or loss to the employer; and vacation leave with pay of at least five days and those
employed in establishments regularly employing less
(f) Under other circumstances analogous or similar to the than ten employees or in establishments exempted from
foregoing as determined by the Secretary of Labor and granting this benefit by the Secretary of Labor and
Employment. Employment after considering the viability or financial
condition of such establishment.
ARTICLE 93. Compensation for Rest Day, Sunday or (c) The grant of benefit in excess of that provided herein
Holiday Work. — (a) Where an employee is made or shall not be made a subject of arbitration or any court or
permitted to work on his scheduled rest day, he shall be administrative action.
paid an additional compensation of at least thirty ARTICLE 96. Service Charges. — All service charges
percent (30%) of his regular wage. An employee shall be collected by hotels, restaurants and similar
entitled to such additional compensation for work establishments shall be distributed at the rate of eighty-
performed on Sunday only when it is his established rest five percent (85%) for all covered employees and fifteen
day. percent (15%) for management. The share of the
(b) When the nature of the work of the employee is such employees shall be equally distributed among them. In
that he has no regular workdays and no regular rest days case the service charge is abolished, the share of the
can be scheduled, he shall be paid an additional covered employees shall be considered integrated in
compensation of at least thirty percent (30%) of his their wages.
TITLE II work or in any cottage industry duly registered in
Wages 78 accordance with law.
CHAPTER I CHAPTER II
Preliminary Matters Minimum Wage Rates
ARTICLE 97. Definitions. — As used in this Title: ARTICLE 99. Regional Minimum Wages. — The minimum
(a) "Person" means an individual, partnership, wage rates for agricultural and non-agricultural
association, corporation, business trust, legal employees and workers in each and every region of the
representatives, or any organized group of persons. country shall be those prescribed by the Regional
Tripartite Wages and Productivity Boards. 80
(b) "Employer" includes any person acting directly or ARTICLE 100. Prohibition against Elimination or
indirectly in the interest of an employer in relation to an Diminution of Benefits. — Nothing in this Book shall be
employee and shall include the government and all its construed to eliminate or in any way diminish
branches, subdivisions and instrumentalities, all supplements, or other employee benefits being enjoyed
government-owned or controlled corporations and at the time of promulgation of this Code.
institutions, as well as non-profit private institutions, or ARTICLE 101. Payment by Results. 81 — (a) The Secretary
organizations. of Labor and Employment shall regulate the payment of
wages by results, including pakyao, piecework, and other
(c) "Employee" includes any individual employed by an non-time work, in order to ensure the payment of fair
employer. and reasonable wage rates, preferably through time and
motion studies or in consultation with representatives of
(d) "Agriculture" includes farming in all its branches and, workers' and employers' organizations.
among other things, includes cultivation and tillage of CHAPTER III
soil, dairying, the production, cultivation, growing and Payment of Wages
harvesting of any agricultural and horticultural ARTICLE 102. Forms of Payment. — No employer shall
commodities, the raising of livestock or poultry, and any pay the wages of an employee by means of promissory
practices performed by a farmer on a farm as an incident notes, vouchers, coupons, tokens, tickets, chits, or any
to or in conjunction with such farming operations, but object other than legal tender, even when expressly
does not include the manufacturing or processing of requested by the employee.
sugar, coconuts, abaca, tobacco, pineapples or other Payment of wages by check or money order shall be
farm products. cEaSHC allowed when such manner of payment is customary on
the date of effectivity of this Code, or is necessary
(e) "Employ" includes to suffer or permit to work. because of special circumstances as specified in
appropriate regulations to be issued by the Secretary of
(f) "Wage" paid to any employee shall mean the Labor and Employment or as stipulated in a collective
remuneration or earnings, however designated, capable bargaining agreement.
of being expressed in terms of money, whether fixed or ARTICLE 103. Time of Payment. — Wages shall be paid at
ascertained on a time, task, piece, or commission basis, least once every two (2) weeks or twice a month at
or other method of calculating the same, which is intervals not exceeding sixteen (16) days. If on account
payable by an employer to an employee under a written of force majeure or circumstances beyond the
or unwritten contract of employment for work done or employer's control, payment of wages on or within the
to be done, or for services rendered or to be rendered time herein provided cannot be made, the employer
and includes the fair and reasonable value, as shall pay the wages immediately after such force
determined by the Secretary of Labor and Employment, majeure or circumstances have ceased. No employer
of board, lodging, or other facilities customarily shall make payment with less frequency than once a
furnished by the employer to the employee. "Fair and month.
reasonable value" shall not include any profit to the The payment of wages of employees engaged to perform
employer, or to any person affiliated with the employer. a task which cannot be completed in two (2) weeks shall
be subject to the following conditions, in the absence of
ARTICLE 98. Application of Title. 79 — This Title shall not a collective bargaining agreement or arbitration award:
apply to farm tenancy or leasehold, domestic service and 1. That payments are made at intervals not exceeding
persons working in their respective homes in needle sixteen (16) days, in proportion to the amount of work
completed;
 The Secretary of Labor and Employment may, by
2. That final settlement is made upon completion of the appropriate regulations, restrict or prohibit the
work. contracting-out of labor to protect the rights of workers
established under this Code. In so prohibiting or
ARTICLE 104. Place of Payment. 82 — Payment of wages restricting, he may make appropriate distinctions
shall be made at or near the place of undertaking, except between labor-only contracting and job contracting as
as otherwise provided by such regulations as the well as differentiations within these types of contracting
Secretary of Labor and Employment may prescribe under and determine who among the parties involved shall be
conditions to ensure greater protection of wages. considered the employer for purposes of this Code, to
ARTICLE 105. Direct Payment of Wages. — Wages shall prevent any violation or circumvention of any provision
be paid directly to the workers to whom they are due, of this Code.
except: There is "labor-only" contracting where the person
(a) In cases of force majeure rendering such payment supplying workers to an employer does not have
impossible or under other special circumstances to be substantial capital or investment in the form of tools,
determined by the Secretary of Labor and Employment equipment, machineries, work premises, among others,
in appropriate regulations, in which case, the worker may and the workers recruited and placed by such person are
be paid through another person under written authority performing activities which are directly related to the
given by the worker for the purpose; or CTIEac principal business of such employer. In such cases, the
person or intermediary shall be considered merely as an
(b) Where the worker has died, in which case, the agent of the employer who shall be responsible to the
employer may pay the wages of the deceased worker to workers in the same manner and extent as if the latter
the heirs of the latter without the necessity of intestate were directly employed by him.
proceedings. The claimants, if they are all of age, shall ARTICLE 107. Indirect Employer. — The provisions of the
execute an affidavit attesting to their relationship to the immediately preceding article shall likewise apply to any
deceased and the fact that they are his heirs, to the person, partnership, association or corporation which,
exclusion of all other persons. If any of the heirs is a not being an employer, contracts with an independent
minor, the affidavit shall be executed on his behalf by his contractor for the performance of any work, task, job or
natural guardian or next-of-kin. The affidavit shall be project.
presented to the employer who shall make payment ARTICLE 108. Posting of Bond. — An employer or indirect
through the Secretary of Labor and Employment or his employer may require the contractor or subcontractor to
representative. The representative of the Secretary of furnish a bond equal to the cost of labor under contract,
Labor and Employment shall act as referee in dividing the on condition that the bond will answer for the wages due
amount paid among the heirs. the employees should the contractor or subcontractor,
as the case may be, fail to pay the same.
The payment of wages under this Article shall absolve the ARTICLE 109. Solidary Liability. — The provisions of
employer of any further liability with respect to the existing laws to the contrary notwithstanding, every
amount paid. employer or indirect employer shall be held responsible
with his contractor or subcontractor for any violation of
ARTICLE 106. Contractor or Subcontractor. 83 — any provision of this Code. For purposes of determining
Whenever an employer enters into a contract with the extent of their civil liability under this Chapter, they
another person for the performance of the former's shall be considered as direct employers.
work, the employees of the contractor and of the latter's ARTICLE 110. Worker Preference in Case of Bankruptcy.
subcontractor, if any, shall be paid in accordance with the 84 — In the event of bankruptcy or liquidation of an
provisions of this Code. employer's business, his workers shall enjoy first
In the event that the contractor or subcontractor fails to preference as regards their wages and other monetary
pay the wages of his employees in accordance with this claims, any provisions of law to the contrary
Code, the employer shall be jointly and severally liable notwithstanding. Such unpaid wages and monetary
with his contractor or subcontractor to such employees claims shall be paid in full before claims of the
to the extent of the work performed under the contract, government and other creditors may be paid.
in the same manner and extent that he is liable to ARTICLE 111. Attorney's Fees. — (a) In cases of unlawful
employees directly employed by him. withholding of wages, the culpable party may be
assessed attorney's fees equivalent to ten percent of the by force, stealth, intimidation, threat or by any other
amount of wages recovered. means whatsoever without the worker's consent.
(b) It shall be unlawful for any person to demand or ARTICLE 117. Deduction to Ensure Employment. — It
accept, in any judicial or administrative proceedings for shall be unlawful to make any deduction from the wages
the recovery of wages, attorney's fees which exceed ten of any employee for the benefit of the employer or his
percent of the amount of wages recovered. representative or intermediary as consideration of a
CHAPTER IV promise of employment or retention in employment.
Prohibitions Regarding Wages ARTICLE 118. Retaliatory Measures. — It shall be
ARTICLE 112. Non-Interference in Disposal of Wages. 85 unlawful for an employer to refuse to pay or reduce the
— No employer shall limit or otherwise interfere with the wages and benefits, discharge or in any manner
freedom of any employee to dispose of his wages. He discriminate against any employee who has filed any
shall not in any manner force, compel, or oblige his complaint or instituted any proceeding under this Title or
employees to purchase merchandise, commodities or has testified or is about to testify in such proceedings.
other property from any other person, or otherwise ARTICLE 119. False Reporting. — It shall be unlawful for
make use of any store or services of such employer or any any person to make any statement, report, or record
other person. filed or kept pursuant to the provisions of this Code
ARTICLE 113. Wage Deduction. — No employer, in his knowing such statement, report or record to be false in
own behalf or in behalf of any person, shall make any any material respect.
deduction from the wages of his employees, except: CHAPTER V
(a) In cases where the worker is insured with his consent Wage Studies, Wage Agreements, and Wage
by the employer, and the deduction is to recompense the Determination 86
employer for the amount paid by him as premium on the ARTICLE 120. Creation of National Wages and
insurance; Productivity Commission. — There is hereby created a
National Wages and Productivity Commission,
(b) For union dues, in cases where the right of the worker hereinafter referred to as the Commission, which shall be
or his union to check-off has been recognized by the attached to the Department of Labor and Employment
employer or authorized in writing by the individual (DOLE) for policy and program coordination.
worker concerned; and ARTICLE 121. Powers and Functions of the Commission.
— The Commission shall have the following powers and
(c) In cases where the employer is authorized by law or functions:
regulations issued by the Secretary of Labor and (a) To act as the national consultative and advisory body
Employment. SaCIDT to the President of the Philippines and Congress on
matters relating to wages, incomes and productivity;
ARTICLE 114. Deposits for Loss or Damage. — No
employer shall require his worker to make deposits from (b) To formulate policies and guidelines on wages,
which deductions shall be made for the reimbursement incomes and productivity improvement at the
of loss of or damage to tools, materials, or equipment enterprise, industry and national levels;
supplied by the employer, except when the employer is
engaged in such trades, occupations or business where (c) To prescribe rules and guidelines for the
the practice of making deductions or requiring deposits determination of appropriate minimum wage and
is a recognized one, or is necessary or desirable as productivity measures at the regional, provincial, or
determined by the Secretary of Labor and Employment industry levels;
in appropriate rules and regulations.
ARTICLE 115. Limitations. — No deduction from the (d) To review regional wage levels set by the Regional
deposits of an employee for the actual amount of the loss Tripartite Wages and Productivity Boards to determine if
or damage shall be made unless the employee has been these are in accordance with prescribed guidelines and
heard thereon, and his responsibility has been clearly national development plans;
shown.
ARTICLE 116. Withholding of Wages and Kickbacks (e) To undertake studies, researches and surveys
Prohibited. — It shall be unlawful for any person, directly necessary for the attainment of its functions and
or indirectly, to withhold any amount from the wages of objectives, and to collect and compile data and
a worker or induce him to give up any part of his wages periodically disseminate information on wages and
productivity and other related information, including, referred to as Regional Boards, in all regions, including
but not limited to, employment, cost-of-living, labor autonomous regions as may be established by law. The
costs, investments and returns; Commission shall determine the offices/headquarters of
the respective Regional Boards.
(f) To review plans and programs of the Regional The Regional Boards shall have the following powers and
Tripartite Wages and Productivity Boards to determine functions in their respective territorial jurisdictions:
whether these are consistent with national development (a) To develop plans, programs and projects relative to
plans; wages, incomes and productivity improvement for their
respective regions;
(g) To exercise technical and administrative supervision
over the Regional Tripartite Wages and Productivity (b) To determine and fix minimum wage rates applicable
Boards; in their regions, provinces or industries therein and to
issue the corresponding wage orders, subject to
(h) To call, from time to time, a national tripartite guidelines issued by the Commission;
conference of representatives of government, workers
and employers for the consideration of measures to (c) To undertake studies, researches, and surveys
promote wage rationalization and productivity; and necessary for the attainment of their functions,
objectives and programs, and to collect and compile data
(i) To exercise such powers and functions as may be on wages, incomes, productivity and other related
necessary to implement this Act. cHECAS information and periodically disseminate the same;

The Commission shall be composed of the Secretary of (d) To coordinate with the other Regional Boards as may
Labor and Employment as ex-officio chairman, the be necessary to attain the policy and intention of this
Director-General of the National Economic and Code;
Development Authority (NEDA) as ex-officio vice-
chairman, and two (2) members each from workers and (e) To receive, process and act on applications for
employers sectors who shall be appointed by the exemption from prescribed wage rates as may be
President of the Philippines upon recommendation of provided by law or any Wage Order; 87 and
the Secretary of Labor and Employment to be made on
the basis of the list of nominees submitted by the (f) To exercise such other powers and functions as may
workers and employers sectors, respectively, and who be necessary to carry out their mandate under this Code.
shall serve for a term of five (5) years. The Executive
Director of the Commission shall also be a member of the Implementation of the plans, programs, and projects of
Commission. the Regional Boards referred to in the second paragraph,
The Commission shall be assisted by a Secretariat to be letter (a) of this Article, shall be through the respective
headed by an Executive Director and two (2) Deputy regional offices of the Department of Labor and
Directors, who shall be appointed by the President of the Employment within their territorial jurisdiction;
Philippines, upon the recommendation of the Secretary Provided, however, That the Regional Boards shall have
of Labor and Employment. technical supervision over the regional office of the
The Executive Director shall have the same rank, salary, Department of Labor and Employment with respect to
benefits and other emoluments as that of a Department the implementation of said plans, programs and projects.
Assistant Secretary, while the Deputy Directors shall Each Regional Board shall be composed of the Regional
have the same rank, salary, benefits and other Director of the Department of Labor and Employment as
emoluments as that of a Bureau Director. The members chairman, the Regional Directors of the National
of the Commission representing labor and management Economic and Development Authority and the
shall have the same rank, emoluments, allowances and Department of Trade and Industry as vice-chairmen and
other benefits as those prescribed by law for labor and two (2) members each from workers' and employers'
management representatives in the Employees' sectors who shall be appointed by the President of the
Compensation Commission. Philippines, upon the recommendation of the Secretary
ARTICLE 122. Creation of Regional Tripartite Wages and of Labor and Employment, to be made on the basis of the
Productivity Boards. — There is hereby created Regional list of nominees submitted by the workers' and
Tripartite Wages and Productivity Boards, hereinafter
employers' sectors, respectively, and who shall serve for (g) The prevailing wage levels; cAaDHT
a term of five (5) years.
Each Regional Board to be headed by its chairman shall (h) Fair return of the capital invested and capacity to pay
be assisted by a Secretariat. of employers;
ARTICLE 123. Wage Order. — Whenever conditions in the
region so warrant, the Regional Board shall investigate (i) Effects on employment generation and family income;
and study all pertinent facts; and based on the standards and
and criteria herein prescribed, shall proceed to
determine whether a Wage Order should be issued. Any (j) The equitable distribution of income and wealth along
such Wage Order shall take effect after fifteen (15) days the imperatives of economic and social development.
from its complete publication in at least one (1)
newspaper of general circulation in the region. The wages prescribed in accordance with the provisions
In the performance of its wage-determining functions, of this Title shall be the standard prevailing minimum
the Regional Board shall conduct public wages in every region. These wages shall include wages
hearings/consultations, giving notices to employees' and varying with industries, provinces or localities if in the
employers' groups, provincial, city and municipal officials judgment of the Regional Board, conditions make such
and other interested parties. local differentiation proper and necessary to effectuate
Any party aggrieved by the Wage Order issued by the the purpose of this Title.
Regional Board may appeal such order to the Any person, company, corporation, partnership or any
Commission within ten (10) calendar days from the other entity engaged in business shall file and register
publication of such order. It shall be mandatory for the annually with the appropriate Regional Board,
Commission to decide such appeal within sixty (60) Commission and the National Statistics Office, an
calendar days from the filing thereof. itemized listing of their labor component, specifying the
The filing of the appeal does not stay the order unless the names of their workers and employees below the
person appealing such order shall file with the managerial level, including learners, apprentices and
Commission, an undertaking with a surety or sureties disabled/handicapped workers who were hired under
satisfactory to the Commission for the payment to the the terms prescribed in the employment contracts, and
employees affected by the order of the corresponding their corresponding salaries and wages.
increase, in the event such order is affirmed. Where the application of any prescribed wage increase
ARTICLE 124. Standards/Criteria for Minimum Wage by virtue of a law or wage order issued by any Regional
Fixing. — The regional minimum wages to be established Board results in distortions of the wage structure within
by the Regional Board shall be as nearly adequate as is an establishment, the employer and the union shall
economically feasible to maintain the minimum negotiate to correct the distortions. Any dispute arising
standards of living necessary for the health, efficiency from wage distortions shall be resolved through the
and general well-being of the employees within the grievance procedure under their collective bargaining
framework of the national economic and social agreement and, if it remains unresolved, through
development program. In the determination of such voluntary arbitration. Unless otherwise agreed by the
regional minimum wages, the Regional Board shall, parties in writing, such dispute shall be decided by the
among other relevant factors, consider the following: voluntary arbitrators within ten (10) calendar days from
(a) The demand for living wages; the time said dispute was referred to voluntary
arbitration.
(b) Wage adjustment vis-à-vis the consumer price index; In cases where there are no collective agreements or
recognized labor unions, the employers and workers
(c) The cost of living and changes or increases therein; shall endeavor to correct such distortions. Any dispute
arising therefrom shall be settled through the National
(d) The needs of workers and their families; Conciliation and Mediation Board and, if it remains
unresolved after ten (10) calendar days of conciliation,
(e) The need to induce industries to invest in the shall be referred to the appropriate branch of the
countryside; National Labor Relations Commission (NLRC). It shall be
mandatory for the NLRC to conduct continuous hearings
(f) Improvements in standards of living; and decide the dispute within twenty (20) calendar days
from the time said dispute is submitted for compulsory the relationship of employer-employee still exists, the
arbitration. Secretary of Labor and Employment or his duly
The pendency of a dispute arising from a wage distortion authorized representatives shall have the power to issue
shall not in any way delay the applicability of any increase compliance orders to give effect to the labor standards
in prescribed wage rates pursuant to the provisions of provisions of this Code and other labor legislation based
law or wage order. on the findings of labor employment and enforcement
As used herein, a wage distortion shall mean a situation officers or industrial safety engineers made in the course
where an increase in prescribed wage rates results in the of inspection. The Secretary or his duly authorized
elimination or severe contraction of intentional representatives shall issue writs of execution to the
quantitative differences in wage or salary rates between appropriate authority for the enforcement of their
and among employee groups in an establishment as to orders, except in cases where the employer contests the
effectively obliterate the distinctions embodied in such findings of the labor employment and enforcement
wage structure based on skills, length of service, or other officer and raises issues supported by documentary
logical bases of differentiation. proofs which were not considered in the course of
All workers paid by result, including those who are paid inspection.
on piecework, takay, pakyaw or task basis, shall receive An order issued by the duly authorized representative of
not less than the prescribed wage rates per eight (8) the Secretary of Labor and Employment under this
hours of work a day, or a proportion thereof for working Article may be appealed to the latter. In case said order
less than eight (8) hours. involves a monetary award, an appeal by the employer
All recognized learnership and apprenticeship may be perfected only upon the posting of a cash or
agreements shall be considered automatically modified surety bond issued by a reputable bonding company duly
insofar as their wage clauses are concerned to reflect the accredited by the Secretary of Labor and Employment in
prescribed wage rates. the amount equivalent to the monetary award in the
ARTICLE 125. Freedom to Bargain. — No wage order shall order appealed from. 89
be construed to prevent workers in particular firms or (c) The Secretary of Labor and Employment may likewise
enterprises or industries from bargaining for higher order stoppage of work or suspension of operations of
wages with their respective employers. any unit or department of an establishment when non-
ARTICLE 126. Prohibition against Injunction. — No compliance with the law or implementing rules and
preliminary or permanent injunction or temporary regulations poses grave and imminent danger to the
restraining order may be issued by any court, tribunal or health and safety of workers in the workplace. Within
other entity against any proceedings before the twenty-four hours, a hearing shall be conducted to
Commission or the Regional Boards. determine whether an order for the stoppage of work or
ARTICLE 127. Non-Diminution of Benefits. — No wage suspension of operations shall be lifted or not. In case the
order issued by any regional board shall provide for wage violation is attributable to the fault of the employer, he
rates lower than the statutory minimum wage rates shall pay the employees concerned their salaries or
prescribed by Congress. wages during the period of such stoppage of work or
CHAPTER VI suspension of operation.
Administration and Enforcement (d) It shall be unlawful for any person or entity to
ARTICLE 128. Visitorial and Enforcement Power. — (a) obstruct, impede, delay or otherwise render ineffective
The Secretary of Labor and Employment or his duly the orders of the Secretary of Labor and Employment or
authorized representatives, including labor regulation his duly authorized representatives issued pursuant to
officers, shall have access to employer's records and the authority granted under this Article, and no inferior
premises at any time of the day or night whenever work court or entity shall issue temporary or permanent
is being undertaken therein, and the right to copy injunction or restraining order or otherwise assume
therefrom, to question any employee and investigate jurisdiction over any case involving the enforcement
any fact, condition or matter which may be necessary to orders issued in accordance with this Article.
determine violations or which may aid in the (e) Any government employee found guilty of violation
enforcement of this Code and of any labor law, wage of, or abuse of authority, under this Article shall, after
order or rules and regulations issued pursuant thereto. appropriate administrative investigation, be subject to
HCaDIS summary dismissal from the service.
(b) Notwithstanding the provisions of Articles 129 and (f) The Secretary of Labor and Employment may, by
217 88 of this Code to the contrary, and in cases where appropriate regulations, require employers to keep and
maintain such employment records as may be necessary standards that will ensure the safety and health of
in aid of his visitorial and enforcement powers under this women employees. In appropriate cases, he shall, by
Code. regulations, require any employer to:
ARTICLE 129. Recovery of Wages, Simple Money Claims (a) Provide seats proper for women and permit them to
and Other Benefits. 90 — Upon complaint of any use such seats when they are free from work and during
interested party, the Regional Director of the working hours, provided they can perform their duties in
Department of Labor and Employment or any of the duly this position without detriment to efficiency;
authorized hearing officers of the Department is
empowered, through summary proceeding and after due (b) To establish separate toilet rooms and lavatories for
notice, to hear and decide any matter involving the men and women and provide at least a dressing room for
recovery of wages and other monetary claims and women;
benefits, including legal interest, owing to an employee
or person employed in domestic or household service or (c) To establish a nursery in a workplace for the benefit
househelper under this Code, arising from employer- of the women employees therein; and
employee relations: Provided, That such complaint does
not include a claim for reinstatement: Provided, further, (d) To determine appropriate minimum age and other
That the aggregate money claims of each employee or standards for retirement or termination in special
househelper do not exceed five thousand pesos occupations such as those of flight attendants and the
(P5,000.00). The Regional Director or hearing officer shall like.
decide or resolve the complaint within thirty (30)
calendar days from the date of the filing of the same. Any ARTICLE 131. [133] Maternity Leave Benefits. 93 — (a)
sum thus recovered on behalf of any employee or Every employer shall grant to any pregnant woman
househelper pursuant to this Article shall be held in a employee who has rendered an aggregate service of at
special deposit account, and shall be paid, on order of the least six (6) months for the last twelve (12) months,
Secretary of Labor and Employment or the Regional maternity leave of at least two (2) weeks prior to the
Director directly to the employee or househelper expected date of delivery and another four (4) weeks
concerned. Any such sum not paid to the employee or after normal delivery or abortion with full pay based on
househelper, because he cannot be located after diligent her regular or average weekly wages. The employer may
and reasonable effort to locate him within a period of require from any woman employee applying for
three (3) years, shall be held as a special fund of the maternity leave the production of a medical certificate
Department of Labor and Employment to be used stating that delivery will probably take place within two
exclusively for the amelioration and benefit of workers. weeks.
AHCETa (b) The maternity leave shall be extended without pay on
Any decision or resolution of the Regional Director or account of illness medically certified to arise out of the
hearing officer pursuant to this provision may be pregnancy, delivery, abortion or miscarriage, which
appealed on the same grounds provided in Article 223 91 renders the woman unfit for work, unless she has earned
of this Code, within five (5) calendar days from receipt of unused leave credits from which such extended leave
a copy of said decision or resolution, to the National may be charged.
Labor Relations Commission which shall resolve the (c) The maternity leave provided in this Article shall be
appeal within ten (10) calendar days from the submission paid by the employer only for the first four (4) deliveries
of the last pleading required or allowed under its rules. by a woman employee after the effectivity of this Code.
The Secretary of Labor and Employment or his duly ARTICLE 132. [134] Family Planning Services; Incentives
authorized representative may supervise the payment of for Family Planning. — (a) Establishments which are
unpaid wages and other monetary claims and benefits, required by law to maintain a clinic or infirmary shall
including legal interest, found owing to any employee or provide free family planning services to their employees
house helper under this Code. which shall include, but not be limited to, the application
TITLE III or use of contraceptive pills and intrauterine devices.
Working Conditions for Special Groups of Employees ScHADI
CHAPTER I (b) In coordination with other agencies of the
Employment of Women 92 government engaged in the promotion of family
ARTICLE 130. [132] Facilities for Women. — The planning, the Department of Labor and Employment
Secretary of Labor and Employment shall establish shall develop and prescribe incentive bonus schemes to
encourage family planning among female workers in any ARTICLE 136. [138] Classification of Certain Women
establishment or enterprise. Workers. — Any woman who is permitted or suffered to
ARTICLE 133. [135] Discrimination Prohibited. 94 — It work, with or without compensation, in any night club,
shall be unlawful for any employer to discriminate cocktail lounge, massage clinic, bar or similar
against any woman employee with respect to terms and establishments under the effective control or supervision
conditions of employment solely on account of her sex. of the employer for a substantial period of time as
The following are acts of discrimination: determined by the Secretary of Labor and Employment,
(a) Payment of a lesser compensation, including wage, shall be considered as an employee of such
salary or other form of remuneration and fringe benefits, establishment for purposes of labor and social
to a female employee as against a male employee, for legislation.
work of equal value; and CHAPTER II
Employment of Minors
(b) Favoring a male employee over a female employee ARTICLE 137. [139] Minimum Employable Age. 96 — (a)
with respect to promotion, training opportunities, study No child below fifteen (15) years of age shall be
and scholarship grants solely on account of their sexes. employed, except when he works directly under the sole
responsibility of his parents or guardian, and his
Criminal liability for the willful commission of any employment does not in any way interfere with his
unlawful act as provided in this article or any violation of schooling.
the rules and regulations issued pursuant to Section 2 (b) Any person between fifteen (15) and eighteen (18)
hereof 95 shall be penalized as provided in Articles 288 years of age may be employed for such number of hours
and 289 of this Code: Provided, That the institution of and such periods of the day as determined by the
any criminal action under this provision shall not bar the Secretary of Labor and Employment in appropriate
aggrieved employee from filing an entirely separate and regulations.
distinct action for money claims, which may include (c) The foregoing provisions shall in no case allow the
claims for damages and other affirmative reliefs. The employment of a person below eighteen (18) years of
actions hereby authorized shall proceed independently age in an undertaking which is hazardous or deleterious
of each other. in nature as determined by the Secretary of Labor and
ARTICLE 134. [136] Stipulation against Marriage. — It Employment.
shall be unlawful for an employer to require as a ARTICLE 138. [140] Prohibition against Child
condition of employment or continuation of Discrimination. 97 — No employer shall discriminate
employment that a woman employee shall not get against any person in respect to terms and conditions of
married, or to stipulate expressly or tacitly that upon employment on account of his age. DACcIH
getting married, a woman employee shall be deemed CHAPTER III
resigned or separated, or to actually dismiss, discharge, Employment of Househelpers 98
discriminate or otherwise prejudice a woman employee ARTICLE 139. [141] Coverage. 99 — This Chapter shall
merely by reason of her marriage. apply to all persons rendering services in households for
ARTICLE 135. [137] Prohibited Acts. — It shall be unlawful compensation.
for any employer: "Domestic or household service" shall mean service in
(1) To deny any woman employee the benefits provided the employer's home which is usually necessary or
for in this Chapter or to discharge any woman employed desirable for the maintenance and enjoyment thereof
by him for the purpose of preventing her from enjoying and includes ministering to the personal comfort and
any of the benefits provided under this Code; convenience of the members of the employer's
household, including services of family drivers.
(2) To discharge such woman on account of her ARTICLE 140. [142] Contract of Domestic Service. 100 —
pregnancy, or while on leave or in confinement due to The original contract of domestic service shall not last for
her pregnancy; more than two (2) years but it may be renewed for such
periods as may be agreed upon by the parties.
(3) To discharge or refuse the admission of such woman ARTICLE 141. [143] Minimum Wage. 101 — (a)
upon returning to her work for fear that she may again Househelpers shall be paid the following minimum wage
be pregnant. rates:
(1) Eight hundred pesos (P800.00) a month for
househelpers in Manila, Quezon, Pasay, and Caloocan
cities and municipalities of Makati, San Juan, already earned plus that for fifteen (15) days by way of
Mandaluyong, Muntinlupa, Navotas, Malabon, indemnity.
Parañaque, Las Piñas, Pasig, Marikina, Valenzuela, Taguig If the househelper leaves without justifiable reason, he
and Pateros in Metro Manila and in highly urbanized or she shall forfeit any unpaid salary due him or her not
cities; exceeding fifteen (15) days.
ARTICLE 148. [150] Service of Termination Notice. 108 —
(2) Six hundred fifty pesos (P650.00) a month for those in If the duration of the household service is not
other chartered cities and first-class municipalities; and determined either in stipulation or by the nature of the
service, the employer or the househelper may give notice
(3) Five hundred fifty pesos (P550.00) a month for those to put an end to the relationship five (5) days before the
in other municipalities. intended termination of the service. HSCATc
ARTICLE 149. [151] Employment Certification. 109 —
Provided, That the employers shall review the Upon the severance of the household service relation,
employment contracts of their househelpers every three the employer shall give the househelper a written
(3) years with the end in view of improving the terms and statement of the nature and duration of the service and
conditions thereof. his or her efficiency and conduct as househelper.
Provided, further, That those househelpers who are ARTICLE 150. [152] Employment Record. — The
receiving at least One Thousand pesos (P1,000.00) shall employer may keep such records as he may deem
be covered by the Social Security System (SSS) and be necessary to reflect the actual terms and conditions of
entitled to all the benefits provided thereunder. 102 employment of his househelper, which the latter shall
ARTICLE 142. [144] Minimum Cash Wage. — The authenticate by signature or thumbmark upon request of
minimum wage rates prescribed under this Chapter shall the employer.
be the basic cash wages which shall be paid to the CHAPTER IV
househelpers in addition to lodging, food and medical Employment of Homeworkers
attendance. ARTICLE 151. [153] Regulation of Industrial
ARTICLE 143. [145] Assignment to Non-Household Work. Homeworkers. — The employment of industrial
103 — No househelper shall be assigned to work in a homeworkers and field personnel shall be regulated by
commercial, industrial or agricultural enterprise at a the government through the appropriate regulations
wage or salary rate lower than that provided for issued by the Secretary of Labor and Employment to
agricultural or non-agricultural workers as prescribed ensure the general welfare and protection of
herein. homeworkers and field personnel and the industries
ARTICLE 144. [146] Opportunity for Education. 104 — If employing them.
the househelper is under the age of eighteen (18) years, ARTICLE 152. [154] Regulations of Secretary of Labor. —
the employer shall give him or her an opportunity for at The regulations or orders to be issued pursuant to this
least elementary education. The cost of education shall Chapter shall be designed to assure the minimum terms
be part of the househelper's compensation, unless there and conditions of employment applicable to the
is a stipulation to the contrary. industrial homeworkers or field personnel involved.
ARTICLE 145. [147] Treatment of Househelpers. 105 — ARTICLE 153. [155] Distribution of Homework. — For
The employer shall treat the househelper in a just and purposes of this Chapter, the "employer" of
humane manner. In no case shall physical violence be homeworkers includes any person, natural or artificial
used upon the househelper. who, for his account or benefit, or on behalf of any
ARTICLE 146. [148] Board, Lodging, and Medical person residing outside the country, directly or
Attendance. 106 — The employer shall furnish the indirectly, or through an employee, agent contractor,
househelper, free of charge, suitable and sanitary living sub-contractor or any other person:
quarters as well as adequate food and medical (1) Delivers, or causes to be delivered, any goods, articles
attendance. or materials to be processed or fabricated in or about a
ARTICLE 147. [149] Indemnity for Unjust Termination of home and thereafter to be returned or to be disposed of
Services. 107 — If the period of household service is or distributed in accordance with his directions; or
fixed, neither the employer nor the househelper may
terminate the contract before the expiration of the term, (2) Sells any goods, articles or materials to be processed
except for a just cause. If the househelper is unjustly or fabricated in or about a home and then rebuys them
dismissed, he or she shall be paid the compensation
after such processing or fabrication, either by himself or shall be transferred, whenever practicable, to a similar
through some other person. job for which they are fit to work.
If such transfer to a similar job is not practicable, these
CHAPTER V workers shall be granted the same benefits as other
Employment of Night Workers 110 workers who are unable to work, or to secure
ARTICLE 154. Coverage. — This chapter shall apply to all employment during such period.
persons, who shall be employed or permitted or suffered A night worker certified as temporarily unfit for night
to work at night, except those employed in agriculture, work shall be given the same protection against dismissal
stock raising, fishing, maritime transport and inland or notice of dismissal as other workers who are
navigation, during a period of not less than seven (7) prevented from working for reasons of health.
consecutive hours, including the interval from midnight ARTICLE 158. Women Night Workers. — Measures shall
to five o'clock in the morning, to be determined by the be taken to ensure that an alternative to night work is
Secretary of Labor and Employment, after consulting the available to women workers who would otherwise be
workers' representatives/labor organizations and called upon to perform such work:
employers. (a) Before and after childbirth, for a period of at least
"Night worker" means any employed person whose work sixteen (16) weeks, which shall be divided between the
requires performance of a substantial number of hours time before and after childbirth;
of night work which exceeds a specified limit. This limit
shall be fixed by the Secretary of Labor after consulting (b) For additional periods, in respect of which a medical
the workers' representatives/labor organizations and certificate is produced stating that said additional
employers. periods are necessary for the health of the mother or
ARTICLE 155. Health Assessment. — At their request, child:
workers shall have the right to undergo a health
assessment without charge and to receive advice on how (1) During pregnancy;
to reduce or avoid health problems associated with their
work: (2) During a specified time beyond the period, after
(a) Before taking up an assignment as a night worker; childbirth is fixed pursuant to subparagraph (a) above,
the length of which shall be determined by the DOLE
(b) At regular intervals during such an assignment; and after consulting the labor organizations and employers.
IDTSEH
(c) If they experience health problems during such an
assignment which are not caused by factors other than During the periods referred to in this article:
the performance of night work.
(i) A woman worker shall not be dismissed or given notice
With the exception of a finding of unfitness for night of dismissal, except for just or authorized causes
work, the findings of such assessments shall not be provided for in this Code that are not connected with
transmitted to others without the workers' consent and pregnancy, childbirth and childcare responsibilities.
shall not be used to their detriment.
ARTICLE 156. Mandatory Facilities. — Suitable first-aid (ii) A woman worker shall not lose the benefits regarding
facilities shall be made available for workers performing her status, seniority, and access to promotion which may
night work, including arrangements where such workers, attach to her regular night work position.
where necessary, can be taken immediately to a place for
appropriate treatment. The employers are likewise Pregnant women and nursing mothers may be allowed
required to provide safe and healthful working to work at night only if a competent physician, other than
conditions and adequate or reasonable facilities such as the company physician, shall certify their fitness to
sleeping or resting quarters in the establishment and render night work, and specify, in the case of pregnant
transportation from the work premises to the nearest employees, the period of the pregnancy that they can
point of their residence subject to exceptions and safely work.
guidelines to be provided by the DOLE. The measures referred to in this article may include
ARTICLE 157. Transfer. — Night workers who are transfer to day work where this is possible, the provision
certified as unfit for night work, due to health reasons, of social security benefits or an extension of maternity
leave.
The provisions of this article shall not have the effect of under Republic Act Numbered Sixty-One Hundred
reducing the protection and benefits connected with Eleven, as amended.
maternity leave under existing laws. TITLE IV
ARTICLE 159. Compensation. — The compensation for Adult Education
night workers in the form of working time, pay or similar ARTICLE 217. [210] Adult Education. 156 — Every
benefits shall recognize the exceptional nature of night employer shall render assistance in the establishment
work. and operation of adult education programs for their
ARTICLE 160. Social Services. — Appropriate social workers and employees as prescribed by regulations
services shall be provided for night workers and, where jointly approved by the Department of Labor and
necessary, for workers performing night work. Employment and the Department of Education, Culture
ARTICLE 161. Night Work Schedules. — Before and Sports.
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.
Five Hundred Pesos nor more than Five Thousand Pesos
and an imprisonment for not less than six months nor
more than one year, at the discretion of the court.
(c) If the act penalized by this Article is committed by any
person who has been or is employed by the Commission
or System, or a recidivist, the imprisonment shall not be
less than one year; if committed by a lawyer, physician or
other professional, he shall, in addition to the penalty
prescribed herein, be disqualified from the practice of his
profession; and if committed by any official, employee or
personnel of the Commission, System or any government
agency, he shall, in addition to the penalty prescribed
herein, be dismissed with prejudice to re-employment in
the government service.
ARTICLE 214. [208] Applicability. — This Title shall apply
only to injury, sickness, disability or death occurring on
or after January 1, 1975.
ARTICLE 215. [208-A] Repeal. 154 — All existing laws,
Presidential Decrees and Letters of Instruction which are
inconsistent with or contrary to this Decree, are hereby
repealed: Provided, That in the case of the GSIS,
conditions for entitlement to benefits shall be governed
by the Labor Code, as amended: Provided, however, That
the formulas for computation of benefits, as well as the
contribution base, shall be those provided under
Commonwealth Act Numbered One Hundred Eighty-Six,
as amended by Presidential Decree No. 1146, plus
twenty percent (20%) thereof.
TITLE III
Medicare
ARTICLE 216. [209] Medical Care. 155 — The Philippine
Medical Care Plan shall be implemented as provided