Unfair Labor Practices (ULP), it refers to an act of the employer, of the employee, or their representatives

by union which tends to restrict them in their exercise of self-organization, collective bargaining and to
peaceful efforts/peaceful assembly.

Under the substitutionary doctrine, the new bargaining agent is not bound by the personal undertakings
of the deposed union like the “no strike, no lockout” clause in a CBA which is the personal undertaking of
the bargaining agent which negotiated it.

Collective bargaining – a unionized company has the ability to engage in collective bargaining with the
union representing its workers, allowing them to negotiate and establish an agreement with the
company concerning matters such as wages, economic rights, and privileges.

the two types of illegal recruitment:

1. Simple Illegal Recruitment and

2. Economic Sabotage.
a. Large Scale/Qualified Illegal Recruitment – committed against three (3) or more persons
individually or as a group despite the lack of necessary license from POEA.
b. Illegal Recruitment by Syndicate – committed by a syndicate if carried out by a group of three (3)
or more persons in conspiracy or confederation with one another.

Article 26 Labor Code provides that travel agencies and sales agencies of airline companies are
prohibited from engaging in the business of recruitment and placement of workers for overseas
employment whether for profit or not.

Under the Labor Code, the requirement is 75% Filipino ownership; managing partner is a Filipino.

Presume that there is recruitment

PD 442, Art. 13: "Recruitment and placement" refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or
advertising employment locally or abroad, whether for profit or not: Provided, That any person or entity
which in any manner, offers or promises employment for a fee to two or more persons shall be deemed
engaged in recruitment and placement.

CETCHUP-CRAP

C - Canvassing
E - Enlisting
T - Transporting
C - Contracting
H - Hiring
U - Utilizing
P - Procuring
C - Contract services
R - Referrals
A - Advertising
P – Promising

However, if you are a licensee and you committed the prohibited acts under the law, it does not give you
the authority to do everything that you want. There are minimum requirements given by the law.
a) To charge or accept directly or indirectly any amount greater than that specified by Secretary of Labor.
-Take note, there are no placement fee for domestic helpers.

b) To furnish or publish any false notice or information or document in relation to recruitment or

employment

c) To give any false notice, testimony, information or document or commit any act of misrepresentation
for the purpose of securing a license or authority under the Labor Code, or for the purpose of
documenting hired workers with the POEA, which include the act of reprocessing workers through a job
order that pertains to nonexistent work, work different from the actual overseas work, or work with a
different employer whether registered or not with the POEA.
OFW - A person who is to be engaged, is engaged or has been engaged in a renumerated activity in a
state of which he or she is not a legal resident.
Doctrine of Selective Deployment - R.A. No. 8042, on the other hand, requires certain guarantee of
protection for the overseas workers before they are deployed in countries that meet some criteria. It
states: *guarantees that are required.

SEC. 4. Deployment of Migrant Workers. — The State shall deploy overseas Filipino workers only in
countries where the rights of Filipino migrant workers are protected. The government recognizes any of
the following as a guarantee on the part of the receiving country for the protection of the rights of
overseas Filipino workers:
(a) It has existing labor and social laws protecting the rights of migrant workers;
(b) It is a signatory to multilateral conventions, declarations or resolutions relating to the protection of
migrant workers;
(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of
overseas Filipino workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant workers.

"In the absence of a clear showing that any of the aforementioned guarantees exists in the country of
destination of the migrant workers, no permit for deployment shall be issued by the Philippine Overseas
Employment Administration (POEA), now DMW”

T: Prohibited Acts (Acts that constitute as illegal recruitment for OVERSEAS EMPLOYMENT when
committed by ANY PERSON, regardless of whether a non-licensee, non-holder, licensee or holder of
authority)
1. To charge or accept directly or indirectly any amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or
acknowledge any amount greater than that actually received by him as a loan or advance

2. To furnish or publish any false notice or information or document in relation to recruitment or

employment;

3. To give any false notice, testimony, information or document or commit any act of misrepresentation
for the purpose of securing a license or authority under the Labor Code, or for the purpose of
documenting hired workers with the POEA, which include the act of reprocessing workers through a job
order that pertains to nonexistent work, work different from the actual overseas work, or work with a
different employer whether registered or not with the POEA;

4. To include or attempt to induce a worker already employed to quit his employment in order to offer
him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of
employment

5. To influence or attempt to influence any person or entity not to employ any worker who has not
applied for employment through his agency or who has formed, joined or supported, or has contacted or
is supported by any union or workers' organization;

6. To engage in the recruitment or placement of workers in jobs harmful to public health or morality or
to the dignity of the Republic of the Philippines;

7. To fail to submit reports on the status of employment, placement vacancies, remittance of foreign
exchange earnings, separation from jobs, departures and such other matters or information as may be
required by the Secretary of Labor and Employment;

8. To substitute or alter to the prejudice of the worker, employment contracts approved and verified by
the Department of Labor and Employment from the time of actual signing thereof by the parties up to
and including the period of the expiration of the same without the approval of the Department of Labor
and Employment;

9. For an officer or agent of a recruitment or placement agency to become an officer or member of the
Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the
management of travel agency;
10. To withhold or deny travel documents from applicant workers before departure for monetary or
financial considerations, or for any other reasons, other than those authorized under the Labor Code and
its implementing rules and regulations;

11. Failure to actually deploy a migrant worker with a valid visa as determined by the Department of
Pre-Employment. So kun may kontrata na hi worker kailangan na hiya ma-deploy otherwise, mape-
penalize ka. But unless you have a valid reason (e.g. may TB an worker) pwede mo hiya diri ig-deploy.

12. Failure to reimburse the expenses incurred by the worker in cases where the deployment did not
take place without the worker’s fault.

13. To allow non-Filipino citizens to head, manage or license recruitment agencies. Not only is the
capitalization be Filipino or the ownership should be 75% Filipino, managing the recruitment agency
should also be Filipino.

T: Other Prohibited Acts in conducting recruitment for overseas employment

1. Grant a loan to an OFW with interest exceeding 8% per annum which will be used for payment for
legal and allowable placement fees and make a migrant worker issue either personally or through
guarantor post-dated checks on the said loan.

2. Impose a compulsory and exclusive arrangement where an OFW is required to avail a loan only to
specific designated institutions.
3. Refuse to control or negotiate a loan incurred by an OFW after the latter’s employment has been
prematurely terminated. You have to re-negotiate.

4. Impose a compulsory and exclusive arrangement whereby the OFW is required to undergo health
examination. Ayaw kamo pagrecommend hin specific na Ospital.

5. Impose a compulsory and exclusive arrangement whereby the OFW is required to undergo training.

6. For a suspended recruitment planning agency to engage in any kind of recruitment activity including
the processing of pending worker’s applications.

7. For a recruitment/manning agency or a foreign principal/employer to pass on the overseas Filipino

worker or deduct from his or her salary the payment of the cost of insurance fees, premium or other
insurance related charges, as provided under the compulsory worker’s insurance coverage.

T: Sec. 7 — Penalties
a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than
twelve (12) years and one (1) day but not more than twenty (20) years and a fine of not less than One
million pesos (P1,000,000.00) nor more than Two million pesos (P2,000,000.00).

b)The penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) nor
more than Five million pesos (P5,000,000.00) shall be imposed if illegal recruitment constitutes
economic sabotage as defined therein. Provided, however, That the maximum penalty shall be imposed
if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or
non-holder of authority.

c) Any person found guilty of any of the prohibited acts shall suffer the penalty of imprisonment of not
less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than
Five hundred thousand pesos (P500,000.00) nor more than One million pesos (P1,000,000.00).

SEC. 16. MANDATORY REPATRIATION OF UNDERAGE MIGRANT WORKERS. – Upon discovery or being
informed of the presence of migrant workers whose actual ages fall below the minimum age
requirement for overseas deployment, the responsible officers in the foreign service shall without delay
repatriate said workers and advise the Department of Foreign Affairs through the fastest means of
communication available of such discovery and other relevant information.
Work-related Illnesses and Permanent Total Disability – medical repatriation (Always appears in the bar)
1. Within 3 days from the return to the country, the worker must submit himself for a post-
employment medical examination performed by a company designated physician/doctor.
(Except for valid reasons – notify)
2. The physician must declare the worker either as fit to work or permanently/totally disabled.
3. But the law provides that it is extendable. The period for giving proper diagnosis can be
extended for another 120 days. So the maximum is 240 days for justifiable reasons.

If there were no diagnosis then there is now a presumption, because any ambiguity in the law or rules
should be ruled in favor of the law. Therefore, the employer thru the company designated physician to
counteract the presumption of the permanent and total disability of the employee. It’s always the
employer who must prove na diri work related.

Portability Law.
Under RA 7699, otherwise known as the Portability Law, government retirees who do not meet the
required number of years provided under PD 1146 and RA 8291 may still avail themselves of retirement
and other benefits.
Under this law, retirees may combine their years of service in the private sector represented by
contributions to the Social Security System (SSS) with their government service and contributions to the
GSIS to satisfy the required years of service under PD 1146 and RA 8291.

The Doctrine of Imputed Knowledge

Theory of imputed knowledge is a doctrine in agency stating that the principal is chargeable with and
bound by the knowledge of or notice to his agent received while the agent was acting as such. Notice to
the agent is notice to the principal. Under the rule of imputed knowledge, the law imputes the agent's
knowledge to the principal, even if the principal does not actually know what the agent knows.

The Doctrine of Distinct Impression

To prove that the accused was engaged in recruitment activities, it must appear or it must be shown that
the accused gave the complainant the distinct impression that he/she had the power or ability to send
the complainant abroad.

Regular employee – is a worker who performs necessary and desirable acts to the employer's business.

Fixed term employee – is someone na an iya contract is fixed talaga/given period. Bisan pa hya
performing a task necessary and desirable pero gntagaan talaga hin period an iya term of employment
and then he agreed hito na agreement then he cannot assail later on na necessary and desirable kasi in
the first place, maaram na hiya na amo la an iya term of employment. Pero magplus 1 day na ngani or
continuous rehiring, deemed regular.

Contractual employee – Amo ini hira an mga project-based. Amo ghap ini at sayop hit mga construction
companies. To evade any liability, employee-employer relationship, diri nira gintatagan hin contract. This
is a basic mistake. Mayda ngani accident ha construction, nabayad dayun it contractor because in the
very first place, hira an sayop. And they cannot deny anymore the employer-employee relationship. The
mere fact that naaksidente an employee dida ha site, there is already a presumption na employee hiya.
Ha project-based, dapat meada gihapon term for a specific project. Kun mag plus 1 day na ngani liwat ito
or continuous rehiring, then deemed as regular gihapon.

Casual employee – is someone who is performing tasks incidental to the business of the employer.

D.O. 174, Sec. 5 Labor-Only Contracting which is absolutely prohibited, refers to an arrangement where:
1. a. The contractor or the sub-contractor does not have substantial capital, or (contactors - those who
provides services such as security, janitorial services, administrative services)
b. The contractor or subcontractor does not have investments in the form of tools, equipment,
machineries, work premises among others; and
c. The contractor or subcontractor’s employees recruited and placed are performing activities which are
directly related to the main business operation of the principal; or
2. The contractor or subcontractor does not exercise the right to control over the performance of the
work of the employee.

D.O. 174, Sec. 6— Other Illicit Forms of Employment Arrangements

In addition to Section 5 of these Rules, the following are hereby declared prohibited for being contrary to
the law or public policy:
a) When the principal farms out work to a “Cabo”. (pakyaw)

b) Contracting out of job or work through an in-house agency. (agency created within the company to
circumvent the Labor Code)

c) Contracting out of job or work through an in-house cooperative which merely supplies workers to the
principal.

d) Contracting out of a job or work by reason of a strike or lockout whether actual or imminent; (diri hira
pwede mag-hire hin iba nga workers while their actual workers are on strike kay the purpose of the strike
will be defeated)

e) Contracting out of a job or work being performed by union members and such will interfere with,
restrain or coerce employees in the exercise of their rights to self-organization as provided in Article 259
of the Labor Code, as amended.

f) Requiring the contractor’s/subcontractor’s employees to perform functions which are currently being
performed by the regular employees of the principal. (To circumvent the law, bisan dapat regular
employee an ma perform ito para waray an irregular employees... Keano important regular employee?
because you have security of tenure. Eh Kun purus la ito contractual then waray na security diba pwedi,
makusog la talaga turn over.)

g) Requiring the contractor’s/subcontractor’s employees to sign, as a precondition to employment or

continued employment, an antedated resignation letter; a blank payroll; a waiver of labor standards
including minimum wages and social or welfare benefits; or a quitclaim releasing the principal or
contractor from liability as to payment of future claims; or require the employee to become member of a
cooperative; (That's why quitclaims are frowned upon under labor laws. That would be a contract of
adhesion.)

h) Repeated hiring by the contractor/subcontractor of employees under an employment contract of

short duration. (It iba liwat para diri mahimo nga regular, Three months, three months, three months.)

i) Requiring employees under contracting/subcontracting arrangements to sign a contract fixing the

period of employment to a term shorter than the term of the Service Agreement, unless the contract is
divisible into phases for which substantially different skills are required and this is made known to the
employee at the time of engagement. (So an iba, bisan an era contract of service agreement is 1 year an
employee 6 months la an eya employment contract.)

j) Such other practices, schemes or employment arrangements designed to circumvent the right of
workers to security of tenure.

Solidary Liability – In the event of violation of any provision of the Labor Code, including the failure to
pay wages, there exists a solidary liability on the part of the principal and the contractor for purposes of
enforcing the provisions of the Labor Code and other social legislations, to the extent of the work
performed under the employment contract.

PD 442. Article 40. Employment permit of non-resident aliens. Any alien seeking admission to the
Philippines 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 non-availability 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.

Permissible Contracting or Subcontracting Arrangements

(a) The contractor and subcontractor is engaged in an independent business and undertakes to perform
the job or work on its own responsibility according to its own manner or method. - So dapat may
kalugaringon nira na business names, diri hira inhouse contractor, mayda nira business license, iba gud
hira na entity, mayda hira kalugaringon na opisina than that of the principal.

(b) The contractor or subcontractor has substantial capital to carry out the job farmed out by the
principal on his account, manner and method of investment in the form of tools, equipment and
machinery. (5 Million gihapon it substantial capital.)

(c) In performing the work farmed out, the contractor is free from control and the direction of the
principal. So the employees must be under the direct supervision of the contracting agency not the
principal. - That is why iton mga security officers na provide la liwat hin security. Dida nira gin institute
an discipline because the principal cannot institute discipline upon the contracted employee otherwise
pwede mag attach it employee-employer relationship.

(d) The Service Agreement ensures compliance with all the rights and benefits for all the employees of
the contractor or subcontractor under the labor laws.

the Four Fold Test which is the;

1. The selection and engagement of the employees

2. The payment of wages

3. The power of dismissal

4. The employer’s power to control the employee with respect to the means and methods by which the
work is to be accomplished (control test).

Labor Relations – This covers the status, rights, and duties of the institutional mechanisms that govern
the individual and the collective interactions of the employers and the employees or their
representatives (Our labor relations is from Book 4 onwards).

“Status” – It asks questions such as “are you a regular/fixed term/contractual/casual employee?” Among
those types of employees, who are entitled to tenure? And what are the ways in which you can be
terminated from work?

“Rights” – For example, if you are a fixed term employee (mayda period; eg., contractual employee for a
year), during such period of employment, can you be removed from your post at any time? No, because
during that 1 year period of fixed term employment, you are entitled to tenure for that 1 year.

We also have probationary employees, amo ini hira an 6 months. Take note na para an usa na
probationary employee maging regular employee, 1) dapat mayda re-hiring or mayda bago na contract,
which means that the person is performing a task necessary and desirable to the employer. And those
persons performing the tasks which are necessary and desirable to the employer are considered as
regular employees. Probationary employment can be extended, but there are certain requirements that
need to be complied with.

“Duties” – If there is collective bargaining, the employer cannot refuse to collectively bargain with the
union. Usa ito han mga duties and responsibilities.

“Institutional mechanisms” - we have collective bargaining, peaceful concerted efforts, strike, picketing,
etc. This discusses tenure termination.

Due process in labor – There are two types of due process: substantive and procedural.
Substantive due process; specific grounds for termination; valid termination under labor law:

Just causes: Those are causes which are imputable to the employee. For example, gross or habitual
neglect of duty or commission of a crime against the employer

Authorized causes: 1. Retrenchment, 2. Redundancy, 3. Illness, 4. Closure and cessation of business.

Just vs. Authorized causes:

For authorized causes, you are required to pay separation pay.

For just causes, you are not required to pay separation pay kay the act is imputable to the employee.

Requirements for procedural due process (two notice rule):

If you want to sanction an employee, you have to implement the twin notice rule:

1. you have to issue a memo or notice to the employee that he has made an infraction and
ordering him to set up his/her defenses within 5 days.
2. Pag diri sufficient iya baton/defenses, that is the time you have to issue the second notice which
is the notice of termination.

ARTICLE XIII

Social Justice and Human Rights

SECTION 1. The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic, and political inequalities,
and remove cultural inequities by equitably diffusing wealth and political power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its
increments.

SECTION 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

Labor

SECTION 3. The State shall afford full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate
in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to
its just share in the fruits of production and the right of enterprises to reasonable returns on
investments, and to expansion and growth.

Health

SECTION 11. The State shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services available to all the people
at affordable cost. There shall be priority for the needs of the underprivileged sick, elderly, disabled,
women, and children. The State shall endeavor to provide free medical care to paupers.

SECTION 12. The State shall establish and maintain an effective food and drug regulatory system and
undertake appropriate health manpower development and research, responsive to the country’s health
needs and problems.

SECTION 13. The State shall establish a special agency for disabled persons for rehabilitation, self-
development and self-reliance, and their integration into the mainstream of society.

Women
SECTION 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.

Role and Rights of People’s Organizations

SECTION 15. The State shall respect the role of independent people’s organizations to enable the people
to pursue and protect, within the democratic framework, their legitimate and collective interests and
aspirations through peaceful and lawful means.

People’s organizations are bona fide associations of citizens with demonstrated capacity to promote the
public interest and with identifiable leadership, membership, and structure.

SECTION 16. The right of the people and their organizations to effective and reasonable participation at
all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law,
facilitate the establishment of adequate consultation mechanisms.

Human Rights

SECTION 17. (1) There is hereby created an independent office called the Commission on Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-born
citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and
other qualifications and disabilities of the Members of the Commission shall be provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall
continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly released.

SECTION 18. The Commission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving
civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof
in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid
services to the underprivileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for the
primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government’s compliance with international treaty obligations on human
rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents
or other evidence is necessary or convenient to determine the truth in any investigation conducted by it
or under its authority

(9) Request the assistance of any department, bureau, office, or agency in the performance of its
functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

SECTION 19. The Congress may provide for other cases of violations of human rights that should fall
within the authority of the Commission, taking into account its recommendations.
Social justice is neither communism, despotism, nor anarchism, but the humanization of the law and the
equalization of social economic forces by the State so that justice in its rational and objectively secular
conception may at least be approximated.

Ordinary holiday - 1 or 100%

Rest day - 1.3 or 130%
Special holiday - 1.3 or 130%
Special holiday + rest day - 1.5 or 150%
Regular holiday - 2 or 200%
Regular holiday + rest day - 2.6 or 260%
Double holiday - 300%
Double holiday + rest day - 3.9 or 390%

Exempted from overtime pay: gov’t employees, personal service employees, managerial employees.

Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty and good faith.

Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall
indemnify the latter for the same.

Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals,
good customs or public policy shall compensate the latter for the damage.

Discrimination; unlawful acts?

1. Print or Publish - ayaw nala ipublish [ibutang nala pleasing personality. Lol]

You cannot require the declaration of age and birth date during the application process. Pero actually diri
na ito na babantayan kay internal naman ito. Kun mayda gin papa fill up na form waray na kami
mahihimo, just the most important part there is do not publish.

2. Decline an interview or application because of the individual’s age - Syempre there is a way around
this, pwede kaman mag siring na hiya an amon napili kay hiya “an may knowledge, hiya an may
experience, mas hataas an iya educational attainment”; except Bona Fide Occupational Qualification.

3. Discriminate against the individual in terms of compensation, terms and conditions, privileges of
employment on about an individual's age. - Diri pwede masiring ka na “ui senior citizen kanaman
katunga naman la an imo record, katunga nala an imo sweldo”. No.

4. Deny any employees or workers promotion because of age.

5. Forcibly lay off an employee because of old age.

6. Impose an early retirement from the basis of an employee's age.

Important: PD 442 as amended Art. 5. Rules and regulations. The Department of Labor and other
government agencies charged with the administration and enforcement of this Code or any of its parts
shall promulgate the necessary implementing rules and regulations. Such rules and regulations shall
become effective fifteen (15) days after announcement of their adoption in newspapers of general
circulation.

Learnership vs. Apprenticeship. (Probably magawas ha MT)

As to the validity of the agreement: It should be duly approved by TESDA

As to the period: If it is a learnership it should not last for more than 3 months, for apprenticeship, not
more than 6 months

As to the obligation to hire: For learnership, after the lapse of 3 months, the learners are eligible to be
hired and the employer must consider them for hiring. There is no such provision provided under
apprenticeship.

As to the pre-termination of agreement: If the apprenticeship is pre-terminated, there are certain

repercussions according to the will of both the employer and the employee. However for learnership
agreement, the requisites are:

1. The learnership program is pre-terminated;

 2. After the learner has worked for more than 2 months.

So after the learner has worked for more than 2 months and the learnership program is pre-
terminated, the learner is deemed to be a regular employee and is entitled to all the benefits of a
regular employee.

As to what occupation: For apprenticeship, highly technical industries. For learnership, semi-skilled
industries.

Requisites of a valid apprenticeship:

1. Qualifications of apprenticeship are met;

2. Apprentice earns not less than 75% of the prescribed minimum salary;

3. Apprenticeship agreement was duly executed by the apprentice and the employer;

4. Apprenticeship program is approved by TESDA;

5. Period of apprenticeship shall not exceed six (6) months

3 is sufficient, what are the three?

1. The apprenticeship agreement should be approved by TESDA

2. Apprentice should be at least 15 years of age (Why is that so? Because we also have the child abuse
law)

3. Apprentice should possess vocational aptitude.

PWD hired as:

1. Learner – If the PWD, however, is hired as a learner and employed in piece or incentive-rate jobs
during the training period, he shall be paid one hundred percent (100%) of the applicable
minimum wage
2. Apprentice – A PWD hired as an apprentice shall be paid not less than seventy-five [percent]
(75%) of the applicable minimum wage.

Prohibited Acts under RA 11313 (Safe Space Act):

Cursing
Wolf-whistling
Catcalling
Leering and Intrusive gazing
Taunting
Unwanted Invitations
Misogynistic
Transphobic
Homophobic
Sexist slurs
Persistent unwanted comments on one’s appearance
Relentless request for one’s personal details such as name, contact, and social medias or destination
Use of words, gestures or actions that ridicule on the basis of sex gender or sexual orientation, identity
and/or expression

RA 7610 as amended by RA 9231

Sec. 2-A. Hours of Work of a Working Child (2)

15-17: no work > eight (8) hours a day, and in no case beyond forty (40) hours a week.

Sec. 2-A. Hours of Work of a Working Child (3)

below 15: no work from 8pm-6am

15-17: no work from 10pm-6am

XMP: RA 7658 – (1) work directly under the sole responsibility of the child's parents or legal guardian
and where only members of the employer's family are employed; (2) where a child's employment in
public entertainment or information.

Sec. 12-D. Prohibition Against Worst Forms of Child Labor:

(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar
to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory
labor, including recruitment of children for use in armed conflict; or

(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography
or for pornographic performances; or

(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and
trafficking of dangerous drugs and volatile substances prohibited under existing laws; or

(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be
harmful to the health, safety or morals of children, such that it:

a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or

b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful
psychologically or may prejudice morals; or

c) Is performed underground, underwater or at dangerous heights; or

d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive
power-actuated tools; or

e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing,
physical strength or contortion, or which requires the manual transport of heavy loads; or

f) Is performed in an unhealthy environment exposing the child to hazardous working conditions,

elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances,
noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or

g) Is performed under particularly difficult conditions; or

h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and
other parasites; or

i) Involves the manufacture or handling of explosives and other pyrotechnic products.

j) Is performed underground, underwater or at dangerous heights; or

k) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing,
physical strength or contortion, or which requires the manual transport of heavy loads;

l) Is performed in an unhealthy environment exposing the child to hazardous working conditions,

elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances,
noxious components and the like, or to extreme temperatures, noise levels, or vibrations;

m) Is performed under particularly difficult conditions; or

n) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and
other parasites

o) Involves the manufacture or handling of explosives and other pyrotechnic products.