Labor Code

a. Regular Employment - (Art. 280, LC) - The provisions of written agreement to the contrary
notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be
regular where the employee has been engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer, except where the employment has been fixed for
a specific project or undertaking the completion or termination of which has been determined at the time of
the engagement of the employee or where the work or service to be performed is seasonal in nature and
the employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph:

Provided, That any employee who has rendered at least one year of service, whether such service is
continuous or broken, shall be considered a regular employee with respect to the activity in which he is
employed and his employment shall continue while such activity exists.

Exceptions to regular employment:

1. Seasonal employment - (Art. 294, LC) Seasonal workers perform work that is seasonal in
nature and are employed only for the duration of one season . Seasonal workers who are rehired
every working season are considered to be regular employees.
2. Project Employment. - (Art. 294, LC) A project employee is one whose employment has been
fixed for a specific project or undertaking, the completion or termination of which has been
determined at the time the employee is engaged
3. Casual Employment - (Art. 280, LC) An employment shall be deemed to be casual if it is not
covered by the preceding paragraph: Provided, That any employee who has rendered at least one
year of service, whether such service is continuous or broken, shall be considered a regular
employee with respect to the activity in which he is employed and his employment shall continue
while such activity exists.
4. Fixed Term / Period Employment - A fixed-term contract is an employment contract by which
an employer recruits an employee for a limited period of time. Such a contract is only possible for
the performance of a specific, temporary task and only in the cases listed by law (Labour Code,
Articles L1242-2 and L1242-3).
a. Brent School vs. Zamora, G.R. No. L-48494, February 9, 1990 - ???

b. Probationary Employment - Art. 281, LC - Probationary employment shall not exceed six (6) months
from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating
a longer period.

The services of an employee who has been engaged on a probationary basis may be terminated
for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards
made known by the employer to the employee at the time of his engagement. An employee who is allowed
to work after a probationary period shall be considered a regular employee.

i.Special Laws on the Period of Probation :

1. Jobstart Philippines Act - (R.A. No. 10869) It is the policy of the State to promote full
employment, equality of employment opportunities for all, and afford full protection to labor. The
Philippines subscribes to the International Labor Organization's (ILO) Decent Work Agenda. As a
signatory to ILO Convention 88, the State shall promote the establishment of Public Employment
Service Office (PESO) as the primary institution at the local level that will be responsible for
implementing a variety of active labor market programs including job search assistance, training,
and placement for the unemployed, particularly the young jobseekers.
2. 2010 Revised Manual of Regulations for Private Schools- DepEd Order No. 88, series of 2010 -
???

3. Manual of Regulations for Private Higher Education - CHED Memorandum Order No. 40 series
of 2008 - ???

4. Special Program for Employment of Students Act - R.A. No. 10917 and DOLE Department Order
No. 175 series of 2017 - ????

2. Classification of Employment under Special Laws

a. Construction Industry
I. Guidelines Governing the Employment of Workers in the Construction Industry - DOLE
Department Order No. 19 series of 1993

3. Special Workers - see Arts. 57-81, LC

a. Apprentice -
ART. 57. Statement of objectives. - This Title aims:

(1) To help meet the demand of the economy for trained manpower;
(2) To establish a national apprenticeship program through the participation of employers, workers
and government and non-government agencies; and
(3) To establish apprenticeship standards for the protection of apprentices.

ART.58."Apprenticeship" means practical training on the job supplemented by related theoretical

instruction.

An "apprentice" is a worker who is covered by a written apprenticeship agreement with an individual

employer or any of the entities recognized under this Chapter.

An "apprenticeable occupation" means any trade, form of employment or occupation which requires
more than three (3) months of practical training on the job supplemented by related theoretical
instruction.

"Apprenticeship agreement" is an employment contract wherein the employer binds himself to train
the apprentice and the apprentice in turn accepts the terms of training.

ART.59. Qualifications of apprentice. - To qualify as an apprentice, a person shall:

(a) Be at least fourteen (14) years of age;
(b) Possess vocational aptitude and capacity for appropriate tests; and
(c) Possess the ability to comprehend and follow oral and written instructions.

Trade and industry associations may recommend to the Secretary of Labor appropriate educational
requirements for different occupations.
ART. 60. Employment of apprentices. - Only employers in the highly technical industries may
employ apprentices and only in apprenticeable occupations approved by the Secretary of Labor
and Employment. (As amended by Section 1, Executive Order No. 111, December 24, 1986).

ART. 61. Contents of apprenticeship agreements. - Apprenticeship agreements, including the wage
rates of apprentices, shall conform to the rules issued by the Secretary of Labor and Employment.
The period of apprenticeship shall not exceed six months. Apprenticeship agreements providing
for wage rates below the legal minimum wage, which in no case shall start below 75 percent of the
applicable minimum wage, may be entered into only in accordance with apprenticeship programs
duly approved by the Secretary of Labor and Employment. The Department shall develop standard
model programs of apprenticeship. (As amended by Section 1, Executive Order No. 111, December
24, 1986).

ART. 62. Signing of apprenticeship agreement. -Every apprenticeship agreement shall be signed
by the employer or his agent, or by an authorized representative of any of the recognized
organizations, associations or groups and by the apprentice.

An apprenticeship agreement with a minor shall be signed in his behalf by his parent or guardian,
if the latter is not available, by an authorized representative of the Department of Labor, and the
same shall be binding during its lifetime.

Every apprenticeship agreement entered into under this Title shall be ratified by the appropriate
apprenticeship committees, if any, and a copy thereof shall be furnished both the employer and the
apprentice.

ART. 63. Venue of apprenticeship programs. - Any firm, employer, group or association, industry
organization or civic group wishing to organize an apprenticeship program may choose from any
of the following apprenticeship schemes as the training venue for apprentice:

(a) Apprenticeship conducted entirely by and within the sponsoring firm, establishment or
entity;

(b) Apprenticeship entirely within a Department of Labor and Employment training center
or other public training institution; or

(c) Initial training in trade fundamentals in a training center or other institution with
subsequent actual work participation within the sponsoring firm or entity during the final
stage of training.

ART. 64. Sponsoring an apprenticeship program. - Any of the apprenticeship schemes recognized
herein may be undertaken or sponsored by a single employer or firm or by a group or association
thereof or by a civic organization. Actual training of apprentices may be undertaken.

(a) In the premises of the sponsoring employer in the case of individual apprenticeship
programs;

(b) In the premises of one or several designated firms in the case of programs sponsored
by a group or association of employers or by a civic organization; or

(c) In a Department of Labor and Employment training center or other public training
institution.
ART. 65. Investigation of violation of apprenticeship agreement. - Upon complaint of any interested
person or upon its own initiative, the appropriate agency of the Department of Labor and
Employment or its authorized representative shall investigate any violation of an apprenticeship
agreement pursuant to such rules and regulations as may be prescribed by the Secretary of Labor
and Employment.

ART. 66. Appeal to the Secretary of Labor and Employment. - The decision of the authorized
agency of the Department of Labor and Employment may be appealed by any aggrieved person to
the Secretary of Labor and Employment within five (5) days from receipt of the decision. The
decision of the Secretary of Labor and Employment shall be final and executory.

ART. 67. Exhaustion of administrative remedies. - No person shall institute any action for the
enforcement of any apprenticeship agreement or damages for breach of any such agreement,
unless he has exhausted all available administrative remedies.

ART. 68. Aptitude testing of applicants. - Consonant with the minimum qualifications of apprentice-
applicants required under this Chapter, employers or entities with duly recognized apprenticeship
programs shall have primary responsibility for providing appropriate aptitude tests in the selection
of apprentices. If they do not have adequate facilities for the purpose, the Department of Labor and
Employment shall perform the service free of charge.

ART. 69. Responsibility for theoretical instruction. - Supplementary theoretical instruction to

apprentices in cases where the program is undertaken in the plant may be done by the employer.
If the latter is not prepared to assume the responsibility, the same may be delegated to an
appropriate government agency.

ART. 70. Voluntary organization of apprenticeship programs; exemptions. -

(a) The organization of apprenticeship program shall be primarily a voluntary undertaking by
employers;

(b) When national security or particular requirements of economic development are so demand,
the President of the Philippines may require compulsory training of apprentices in certain trades,
occupations, jobs or employment levels where shortage of trained manpower is deemed critical as
determined by the Secretary of Labor and Employment. Appropriate rules in this connection shall
be promulgated by the Secretary of Labor and Employment as the need arises; and

(c) Where services of foreign technicians are utilized by private companies in apprenticeable
trades, said companies are required to set up appropriate apprenticeship programs.

ART. 71. Deductibility of training costs. - An additional deduction from taxable income of one-half
(1/2) of the value of labor training expenses incurred for developing the productivity and efficiency
of apprentices shall be granted to the person or enterprise organizing an apprenticeship program:
Provided, That such program is duly recognized by the Department of Labor and Employment:
Provided, further, That such deduction shall not exceed ten (10%) percent of direct labor wage:
and Provided, finally, That the person or enterprise who wishes to avail himself or itself of this
incentive should pay his apprentices the minimum wage.

ART. 72. Apprentices without compensation. - The Secretary of Labor and Employment may
authorize the hiring of apprentices without compensation whose training on the job is required by
the school or training program curriculum or as requisite for graduation or board examination.

b. Learners -
ART. 73. Learners defined. - Learners are persons hired as trainees in semi-skilled and other
industrial occupations which are non-apprenticeable and which may be learned through practical
training on the job in a relatively short period of time which shall not exceed three (3) months.

ART. 74. When learners may be hired. - Learners may be employed when no experienced workers
are available, the employment of learners is necessary to prevent curtailment of employment
opportunities, and the employment does not create unfair competition in terms of labor costs or
impair or lower working standards.

ART. 75. Learnership agreement. - Any employer desiring to employ learners shall enter into a
learnership agreement with them, which agreement shall include:

(a) The names and addresses of the learners;

(b) The duration of the learnership period, which shall not exceed three (3) months;

(c) The wages or salary rates of the learners which shall begin at not less than seventy-five percent
(75%) of the applicable minimum wage; and

(d) A commitment to employ the learners if they so desire, as regular employees upon completion
of the learnership. All learners who have been allowed or suffered to work during the first two (2)
months shall be deemed regular employees if training is terminated by the employer before the end
of the stipulated period through no fault of the learners.

The learnership agreement shall be subject to inspection by the Secretary of Labor and
Employment or his duly authorized representative.

ART. 76. Learners in piecework. - Learners employed in piece or incentive-rate jobs during the
training period shall be paid in full for the work done.

ART. 77. Penalty clause. - Any violation of this Chapter or its implementing rules and regulations
shall be subject to the general penalty clause provided for in this Code.

c. Handicapped Workers -

ART. 78. Definition. - Handicapped workers are those whose earning capacity is impaired by age
or physical or mental deficiency or injury.

ART. 79. When employable. - Handicapped workers may be employed when their employment is
necessary to prevent curtailment of employment opportunities and when it does not create unfair
competition in labor costs or impair or lower working standards.

ART. 80. Employment agreement. - Any employer who employs handicapped workers shall enter
into an employment agreement with them, which agreement shall include:

a. The names and addresses of the handicapped workers to be employed;

b.The rate to be paid the handicapped workers which shall not be less than seventy five (75%)
percent of the applicable legal minimum wage;
c. The duration of employment period; and

d. The work to be performed by handicapped workers.

The employment agreement shall be subject to inspection by the Secretary of Labor or his duly
authorized representative.

ART. 81. Eligibility for apprenticeship. - Subject to the appropriate provisions of this Code,
handicapped workers may be hired as apprentices or learners if their handicap is not such as to
effectively impede the performance of job operations in the particular occupations for which they
are hired.

i. Magna Carta for Persons with Disability or RA 7277 as amended by RA 10524 - “SEC. 5. Equal
Opportunity for Employment. – No person with disability shall be denied access to opportunities for suitable
employment. A qualified employee with disability shall be subject to the same terms and conditions of
employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as
a qualified able bodied person.

“At least one percent (1%) of all positions in all government agencies, offices or corporal ions shall be
reserved for persons with disability: Provided, That private corporations with more than one hundred (100)
employees are encouraged to reserve at least one percent (1%) of all positions for persons with disability.”

ii. Mental Health Act - R.A. No. 11036 - The state affirms the basic right of all Filipinos to mental health as
well as the fundamental rights of people who require mental health services.
The state commits itself to promoting the well-being of people by ensuring that; mental health is valued,
promoted and protected; mental health conditions are treated and prevented; timely, affordable, high
quality, and culturally-appropriate mental health case is made available to the public; mental health service
are free from coercion and accountable to the service users; and persons affected by mental health
conditions are able to exercise the full range of human rights, and participate fully in society and at work
free from stigmatization and discrimination.
The State shall comply strictly with its obligations under the United Nations Declaration of Human Rights,
the Convention on the rights of Persons with Disabilities, and all other relevant international and regional
human rights conventions and declarations. The applicability of Republic act No. 7277, as amended,
otherwise known as the "Magna Carta for Disabled Persons", to person with mental health conditions, as
defined herein, is expressly recognized.
iii. Incentives for Employers - INCENTIVES FOR PRIVATE CORPORATIONS
RA 10524 - Section 10

Private corporations which are employing PWDs shall be entitled to incentives as stated under section 8
(a) and (b) of Magna Carta for Persons with Disability.
1. To encourage the active participation of the private sector in promoting the welfare of persons with
disability, adequate incentives shall be provided to private entities which employ PWDs.

2. Private entities that employ PWDs either as regular employee, apprentice or learner, shall be
entitled to an additional deduction, from their gross income, equivalent to twenty five percent (25%) of the
total amount paid as salaries and wages to PWDs: Provided, however, that such entities present proof as
certified by the Department of Labor and Employment that such PWD are under their employ. Provided,
further, that the PWD is accredited with the Department of Labor and Employment and Department of
Health as to his disability, skills, and qualifications.

4. Employment of Women - Art. 130-131, LC

Art. 130. Nightwork prohibition. No woman, regardless of age, shall be employed or permitted or suffered
to work, with or without compensation:
1. In any industrial undertaking or branch thereof between ten o’clock at night and six o’clock in the
morning of the following day; or

2. In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between
midnight and six o’clock in the morning of the following day; or

3. In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine
(9) consecutive hours.

Art. 131. Exceptions. The prohibitions prescribed by the preceding Article shall not apply in any of the
following cases:

1. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon,
earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases
of force majeure or imminent danger to public safety;

2. In case of urgent work to be performed on machineries, equipment or installation, to avoid serious

loss which the employer would otherwise suffer;

3. Where the work is necessary to prevent serious loss of perishable goods;

4. Where the woman employee holds a responsible position of managerial or technical nature, or
where the woman employee has been engaged to provide health and welfare services;

5. Where the nature of the work requires the manual skill and dexterity of women workers and the
same cannot be performed with equal efficiency by male workers;

6. Where the women employees are immediate members of the family operating the establishment
or undertaking; and

7. Under other analogous cases exempted by the Secretary of Labor and Employment in appropriate
regulations.

Art. 132. Facilities for women. The Secretary of Labor and Employment shall establish standards that will
ensure the safety and health of women employees. In appropriate cases, he shall, by regulations, require
any employer to:

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

2. To establish separate toilet rooms and lavatories for men and women and provide at least a
dressing room for women;

3. To establish a nursery in a workplace for the benefit of the women employees therein; and

4. To determine appropriate minimum age and other standards for retirement or termination in special
occupations such as those of flight attendants and the like.

Art. 133. Maternity leave benefits.

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

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

3. The maternity leave provided in this Article shall be paid by the employer only for the first four (4)
deliveries by a woman employee after the effectivity of this Code.

Art. 134. Family planning services; incentives for family planning.

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

2. In coordination with other agencies of the government engaged in the promotion of family planning,
the Department of Labor and Employment shall develop and prescribe incentive bonus schemes
to encourage family planning among female workers in any establishment or enterprise.

Art. 135. Discrimination prohibited. It shall be unlawful for any employer to discriminate against any
woman employee with respect to terms and conditions of employment solely on account of her sex.
The following are acts of discrimination:

1. Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe
benefits, to a female employees as against a male employee, for work of equal value; and

2. Favoring a male employee over a female employee with respect to promotion, training
opportunities, study and scholarship grants solely on account of their sexes.

Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of
the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288
and 289 of this Code: Provided, That the institution of any criminal action under this provision shall not bar
the aggrieved employee from filing an entirely separate and distinct action for money claims, which may
include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed
independently of each other. (As amended by Republic Act No. 6725, May 12, 1989)
Art. 136. Stipulation against marriage. It shall be unlawful for an employer to require as a condition of
employment or continuation of employment that a woman employee shall not get married, or to stipulate
expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated,
or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason
of her marriage.
Art. 137. Prohibited acts.

1. It shall be unlawful for any employer:

1. To deny any woman employee the benefits provided for in this Chapter or to discharge any
woman employed by him for the purpose of preventing her from enjoying any of the benefits
provided under this Code.

2. To discharge such woman on account of her pregnancy, or while on leave or in confinement

due to her pregnancy;

3. To discharge or refuse the admission of such woman upon returning to her work for fear
that she may again be pregnant.

Art. 138. Classification of certain women workers. Any woman who is permitted or suffered to work,
with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar
establishments under the effective control or supervision of the employer for a substantial period of time as
determined by the Secretary of Labor and Employment, shall be considered as an employee of such
establishment for purposes of labor and social legislation.

a. DOLE Department Advisory No. 4, series of 2010 - ???

b. Key Issues on Employment of Women
i. Discrimination - Art. 135. Discrimination prohibited. It shall be unlawful for any employer to
discriminate against any woman employee with respect to terms and conditions of employment solely on
account of her sex.
The following are acts of discrimination:

1. Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe
benefits, to a female employees as against a male employee, for work of equal value; and

2. Favoring a male employee over a female employee with respect to promotion, training
opportunities, study and scholarship grants solely on account of their sexes.

Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of
the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288
and 289 of this Code: Provided, That the institution of any criminal action under this provision shall not bar
the aggrieved employee from filing an entirely separate and distinct action for money claims, which may
include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed
independently of each other. (As amended by Republic Act No. 6725, May 12, 1989)
ii. Sexual Harrassment -

1.Anti-Sexual Harassment Act - R.A. No. 7877

SEC. 2. Declaration of Policy. – The State shall value the dignity of every individual, enhance the
development of its human resources guarantee fell respect for human rights, and uphold the dignity of work
rs, employees, applicants for employment, students or those undergoing training, instruction or education.
Towards this end, all forms of sexual harassment in the employment, education or training environment are
hereby declared unlawful.
SEC. 3. Work, Education or Training-related Sexual Harassment Defined. – Work, education or training-
related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence
or moral ascendancy over another in a work or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued
employment of said individual, or in granting said individual favorable compensation, terms, conditions,
promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying
the employee which in any way would discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

iii. Stipulation Against Marriage - Art. 136. Stipulation against marriage. It shall be unlawful for an
employer to require as a condition of employment or continuation of employment that a woman employee
shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall
be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a
woman employee merely by reason of her marriage.
5. Employment of Aliens - Arts. 40-42, LC

ART. 40. Employment Permit of Non-resident Aliens. 43 – 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.

ART. 41. Prohibition Against Transfer of Employment. – (a) After the issuance of an employment permit,
the alien shall not transfer to another job or change his employer without prior approval of the Secretary of
Labor. (b) Any non-resident alien who shall take up employment in violation of the provision of this Title and
its implementing rules and regulations shall be punished in accordance with the provisions of Articles 289
and 290 of the Labor Code. 44 In addition, the alien worker shall be subject to deportation after service of
his sentence.

ART. 42. Submission of List. – Any employer employing non-resident foreign nationals on the effective date
of this Code shall submit a list of such nationals to the Secretary of Labor within thirty (30) days after such
date indicating their names, citizenship, foreign and local addresses, nature of employment and status of
stay in the country. The Secretary of Labor shall then determine if they are entitled to an employment permit.

a. Revised Rules for the Issuance of Employment Permits to Foreign Nationals - DOLE
Department Order No. 75 series of 2006 - ???

6. Employment of Minors -
ART. 137. [139] Minimum Employable Age –
(a) No child below fifteen (15) years of age shall be employed, except when he works directly under the
sole responsibility of his parents or guardian, and his employment does not in any way interfere with his
schooling.

(b) Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of
hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate
regulations.

(c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years
of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of
Labor and Employment.

ART. 138. [140] Prohibition Against Child Discrimination. – No employer shall discriminate against any
person in respect to terms and conditions of employment on account of his age.

a. Working Child - Children below fififteen (15) years of age shall

not be employed except:

1. When a child works directly under the sole responsibility of his parents or legal guardian and where only
members of the employer’s family are employed: Provided, however, That his employment neither
endangers his life, safety, health and morals, nor impairs his normal development; Provided, further, That
the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary
education; or

2. Where a child’s employment or participation in public entertainment or information through cinema,

theater, radio or television is essential:Provided, The employment contract is concluded by the child’s
parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval
of the DOLE

b. Working Conditions in the Movie and Television Industry - DOLE Labor Advisory No. 04, series
of 2016 -

Republic Act No. 9231

Section 3. The same Act, as amended, is hereby further amended by adding new sections to be
denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as follows:

Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Section 12 of this
Act, as amended:

"(1) A child below fifteen (15) years of age may be allowed to work for not more than
twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours at
any given day;

"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to
work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week;

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

7. Domestic Workers Act or Kasambahay Law - R.A. No. 10361

SEC. 2. Declaration of Policies. – It is hereby declared that:

(a) The State strongly affirms labor as a primary social force and is committed to respect, promote, protect
and realize the fundamental principles and rights at work including, but not limited to, abolition of child labor,
elimination of all forms of forced labor, discrimination in employment and occupation, and trafficking in
persons, especially women and children;
(b) The State adheres to internationally accepted working conditions for workers in general, and establishes
labor standards for domestic workers in particular, towards decent employment and income, enhanced
coverage of social protection, respect for human rights and strengthened social dialogue;
(c) The State recognizes the need to protect the rights of domestic workers against abuse, harassment,
violence, economic exploitation and performance of work that is hazardous to their physical and mental
health; and
(d) The State, in protecting domestic workers and recognizing their special needs to ensure safe and
healthful working conditions, promotes gender-sensitive measures in the formulation and implementation
of policies and programs affecting the local domestic work.

a. Coverage - SEC. 3. Coverage. – This Act applies to all domestic workers employed and working
within the country.

b. Exclusion - Sec. 4. (d) Domestic worker or “Kasambahay” refers to any person engaged in
domestic work within an employment relationship such as, but not limited to, the following: general
househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person
who performs domestic work only occasionally or sporadically and not on an occupational basis.

The term shall not include children who are under foster family arrangement, and are
provided access to education and given an allowance incidental to education, i.e. “baon”,
transportation, school projects and school activities.

c. Rights and Privileges - REPUBLIC ACT NO. 10361

SEC. 5. Standard of Treatment. – The employer or any member of the household shall not
subject a domestic worker or “kasambahay” to any kind of abuse nor inflict any form of physical
violence or harassment or any act tending to degrade the dignity of a domestic worker.

SEC. 6. Board, Lodging and Medical Attendance. – The employer shall provide for the
basic necessities of the domestic worker to include at least three (3) adequate meals a day and
humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker in case
of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of these basic
necessities as punishment or disciplinary action to the domestic worker.
SEC. 7. Guarantee of Privacy. – Respect for the privacy of the domestic worker shall be
guaranteed at all times and shall extend to all forms of communication and personal effects. This
guarantee equally recognizes that the domestic worker is obliged to render satisfactory service at
all times.
SEC. 8. Access to Outside Communication. – The employer shall grant the domestic
worker access to outside communication during free time: Provided, That in case of emergency,
access to communication shall be granted even during work time. Should the domestic worker
make use of the employer’s telephone or other communication facilities, the costs shall be borne
by the domestic worker, unless such charges are waived by the employer.
SEC. 9. Right to Education and Training. – The employer shall afford the domestic worker
the opportunity to finish basic education and may allow access to alternative learning systems and,
as far as practicable, higher education or technical and vocational training. The employer shall
adjust the work schedule of the domestic worker to allow such access to education or training
without hampering the services required by the employer.
SEC. 10. Prohibition Against Privileged Information. – All communication and information
pertaining to the employer or members of the household shall be treated as privileged and
confidential, and shall not be publicly disclosed by the domestic worker during and after
employment. Such privileged information shall be inadmissible in evidence except when the suit
involves the employer or any member of the household in a crime against persons, property,
personal liberty and security, and chastity.

8. Homeworkers - ART 151-153 (153-55)

ART. 151. [153] Regulation of Industrial Homeworkers. – The employment of industrial
homeworkers and field personnel shall be regulated by the government through the appropriate regulations
issued by the Secretary of Labor and Employment to ensure the general welfare and protection of
homeworkers and field personnel and the industries employing them.

ART. 152. [154] Regulations of Secretary of Labor. – The regulations or orders to be issued
pursuant to this Chapter shall be designed to assure the minimum terms and conditions of employment
applicable to the industrial homeworkers or field personnel involved.
ART. 153. [155] Distribution of Homework. – For purposes of this Chapter, the "employer" of
homeworkers includes any person, natural or artificial who, for his account or benefit, or on behalf of any
person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-
contractor or any other person:

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

fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in
accordance with his directions; or

(2) Sells any goods, articles or materials to be processed or fabricated in or about a home and then
rebuys them after such processing or fabrication, either by himself or through some other person.

9. Night workers - R.A. No. 10151, June 21, 2022 - AN ACT ALLOWING THE EMPLOYMENT OF NIGHT
WORKERS, THEREBY REPEALING ARTICLES 130 AND 131 OF PRESIDENTIAL DECREE NUMBER
FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES

ART. 154. Coverage. – This chapter shall apply to all persons, who shall be employed or permitted or
suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport
and inland navigation, during a period of not less than seven (7) consecutive hours, including the interval
from midnight to five o’clock in the morning, to be determined by the Secretary of Labor and Employment,
after consulting the workers’ representatives/labor organizations and employers. “Night worker” means any
employed person whose work requires performance of a substantial number of hours of night work which
exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the workers’
representatives/labor organizations and employers.

ART. 155. Health Assessment. – At their request, workers shall have the right to undergo a health
assessment without charge and to receive advice on how to reduce or avoid health problems associated
with their work: (a) Before taking up an assignment as a night worker; (b) At regular intervals during such
an assignment; and (c) If they experience health problems during such an assignment which are not caused
by factors other than the performance of night work. With the exception of a finding of unfitness for night
work, the findings of such assessments shall not be transmitted to others without the workers’ consent and
shall not be used to their detriment.

ART. 156. Mandatory Facilities. – Suitable first-aid facilities shall be made available for workers
performing night work, including arrangements where such workers, where necessary, can be taken
immediately to a place for appropriate treatment. The employers are likewise required to provide safe and
healthful working conditions and adequate or reasonable facilities such as sleeping or resting quarters in
the establishment and transportation from the work premises to the nearest point of their residence subject
to exceptions and guidelines to be provided by the
DOLE.

ART. 157. Transfer. – Night workers who are certified as unfit for night work, due to health reasons, shall
be transferred, whenever practicable, to a similar job for which they are fit to work. If such transfer to a
similar job is not practicable, these workers shall be granted the same benefits as other workers who are
unable to work, or to secure employment during such period. A night worker certified as temporarily unfit
for night work shall be given the same protection against dismissal or notice of dismissal as other workers
who are prevented from working for reasons of health.

ART. 158. Women Night Workers. – Measures shall be taken to ensure that an alternative to night work is
available to women workers who would otherwise be called upon to perform such work:
(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided
between the time before and after childbirth;
(b) For additional periods, in respect of which a medical certificate is produced stating that said
additional periods are necessary for the health of the mother or child:

(1) During pregnancy;

(2) During a specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE after
consulting the labor organizations and employers.

During the periods referred to in this article:

(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or
authorized causes provided for in this Code that are not connected with pregnancy,
childbirth and childcare responsibilities.

(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access
to promotion which may attach to her regular night work position.

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

The measures referred to in this article may include transfer to day work where this is possible, the
provision of social security benefits or an extension of maternity leave.

The provisions of this article shall not have the effect of reducing the protection and benefits
connected with maternity leave under existing laws.

ART. 159. Compensation. – The compensation for night workers in the form of working time, pay or similar
benefits shall recognize the exceptional nature of night work.

ART. 160. Social Services. – Appropriate social services shall be provided for night workers and, where
necessary, for workers performing night work.

ART. 161. Night Work Schedules. – Before introducing work schedules requiring the services of night
workers, the employer shall consult the workers' representatives/labor organizations concerned on the
details of such schedules and the forms of organization of night work that are best adapted to the
establishment and its personnel, as well as on the 54 occupational health measures and social services
which are required. In establishments employing night workers, consultation shall take place regularly.