ART. 82. Coverage. The provisions of this Chapter shall
apply to employees in all establishments and undertakings, whether for
profit or not, but not to government employees, managerial employees,
field personnel, domestic servants, persons in the personal service of
another, workers who are paid by results when their output rates have
been fixed by the Secretary of Labor as provided for in this Book, and
members of the family of the employer who are dependent on him for
support.
As used herein, "managerial employee" refers (a) to those whose
primary duty consists of the management of the establishment in which
they are employed or of a department or subdivision thereof or (b) to
other officers or members of the managerial staff.
"Field personnel" shall refer to n on agricultural employees who
regularly perform their duties away from the principal or branch office
or place of business of the employer and whose actual hours of work in
the field cannot be determined with reasonable certainty.
Normal Hours of Work.
ART. 83. Normal Hours of Work. — The normal hours of work
of any employee shall not exceed eight (8} in a day.
Health personnel shall hold regular office hours for eight (8)
hours a day, for five (5) days a week, or a total of forty (40) hours a
week, exclusive of time for lunch, if their services are rendered in
cities and municipalities with a population of one (1) million or more
or in hospitals and clinics with a bed capacity of at least one hundred
(100). For purposes of this Article, "health personnel" shall include
government and private resident physicians, nurses, nutritionists,
dieticians, pharmacists, social workers, laboratory technicians,
paramedical technicians, psychologists, midwives, attendants and all
other hospital or clinic personnel.
Hours Worked.
ART. 84. Hours Worked. — Hours worked
shall include:
All time during which an employee is required to be on duty or to
be at a prescribed workplace; and
All time during which an employee is suffered or permitted to
work.
Rest periods of short duration during working hours shall be counted as
hours worked.
Meal Periods.
ART. 85. Meal Periods. — Subject to such regulations as
the Secretary of Labor may prescribe, it shall be the duty of every
employer to give his employees not less than sixty (60) minutes time-off
for their regular meals.
Overtime Work.
ART. 86. Overtime Work.— Work may be performed beyond
eight (8) hours a day provided that the employee is paid for the
overtime work an additional compensation equivalent to his regular wage
plus at least twenty-five percent (25%) thereof.
Premium and Overtime Pay for Holiday and Rest Day Work.
ART. 87. Premium and Overtime Pay for Holiday and Rest
Day Work. — Any employee performing work on holidays or on his
scheduled rest days, not exceeding eight (8) hours, shall be paid an
additional compensation of not less than thirty percent (30%) of his
regular wage. For work performed in excess of eight (8) hours on such
days, he shall be paid an additional compensation equivalent to his rate
for the first eight (8) hours on a holiday or rest day plus at least
thirty percent (30%) thereof.
Undertime Not Offset by Overtime.
ART. 88. Undertime Not Offset by Overtime. —
Undertime work on any particular day shall not be offset by overtime
work on any other day. Permission given to the employee to go on leave
on some other day of the week shall not exempt the employer from paying
the additional compensation required in this Chapter.
Emergency Overtime Work.
ART. 89. Emergency Overtime Work. — Any employee
may be required by the employer to perform overtime work in any of the
following cases:
When the country is at war or when any other national or local
emergency has been declared by the National Assembly or the Chief
Executive;
When it is necessary to prevent loss of life or property or in
case of imminent danger to public safety due to an actual or impending
emergency in the locality caused by serious accidents, fire, flood,
typhoon, earthquake, epidemic, or other disaster or calamity;
When there is urgent work to be performed on machines,
installation, or equipment, in order to avoid serious loss or damage to
the employer or some other cause of similar nature;
When the work is necessary to prevent loss or damage to
perishable goods; and
Where the completion or continuation of the work started
before the eighth hour is necessary to prevent serious obstruction or
prejudice to the business or operations of the employer.
Any employee required to render overtime work under this Article shall
be paid the additional compensation required in this Chapter.
Computation of Additional Compensation.
ART. 90. Computation of Additional Compensation. — For
purposes of computing overtime and other additional remuneration as
required by this Chapter, the "regular wage" of an employee shall
include the cash wage only, without deduction on account of facilities
provided by the employer.
Right to Weekly Rest Day.
ART. 91. Right to Weekly Rest Day. — It shall be the
duty of any employer, whether operating for profit or not, to provide
each of his employees a rest period of not less than twenty-four (24)
consecutive hours for every seven (7) consecutive days.
Determination of Rest Day.
ART. 92. Determination of Rest Day. — The employer
shall determine and schedule the weekly rest day of his employees,
subject to collective bargaining agreement and to such rules and
regulations as the Secretary of Labor may prescribe. The preference of
the employees as to their weekly rest days shall be respected by the
employer if the same is based on religious grounds.
When Employer May Require Work on a Rest Day.
ART. 93. When Employer May Require Work on a Rest Day.
— The employer may require his employees to work on any day:
In case of actual or impending emergencies caused by serious
accident, fire, flood, typhoon, earthquake, epidemic or other disaster
or calamity to prevent loss of life and property, or imminent danger to
public safety; or in cases of urgent work to be performed on the
machinery, equipment, or installation, to avoid serious loss which the
employer would otherwise suffer;
In the event of abnormal pressure of work due to special
circumstances, where the employer cannot ordinarily be expected to
resort to other measures;
To prevent loss or damage to perishable goods;
Where the nature of the work requires continuous operations
and the stoppage of work may result in irreparable injury or loss to the
employer; and
Under other circumstances analogous or similar to the
foregoing as determined by the Secretary of Labor.
Compensation for Rest Day/Sunday/Holiday Work.
ART. 94. Compensation for Rest Day/Sunday/Holiday Work. —
Where an employee is made or permitted to work on his
scheduled rest day, he shall be paid an additional compensation of at
least thirty percent (30%) of his regular wage. An employee shall be
entitled to such additional compensation for work performed on Sunday
only when it is his established rest day.
When the nature of the work of the employee is such that
he has no regular work days and no regular rest days can be scheduled,
he shall be paid an additional compensation of at least thirty percent
(30%) of his regular wage for work performed on Sundays and holidays.
Work performed on any legal holiday shall be paid with an
additional compensation of at least thirty percent (30%) of the regular
wage of the employee. Where such holiday work falls on the employee's
scheduled rest day, lie shall be entitled to an additional compensation
of at least fifty percent (50%) of his regular wage.
Where the collective bargaining agreement or other
applicable employment contract stipulates the payment of a higher
premium pay than that prescribed under this Article, the employer shall
pay such higher rate.
Definitions.
ART. 95. Definitions. — As used in this Title:
"Person" means an individual, partnership, association,
corporation, business trust, legal representative, or any organized
group of persons;
"Employer" includes any person acting directly or
indirectly in the interest of an employer in relation to an employee and
shall include the Government and all its branches, subdivisions and
instrumentalities, all government-owned or -controlled corporations and
institutions, as well as nonprofit private institutions or
organizations;
"Employee" includes any individual employed by an employer;
"Agriculture" includes farming in all its branches and among
other things includes the cultivation and tillage of soil, dairying, the
production, cultivation, growing and harvesting of any agricultural and
horticultural commodities, the raising of
livestock or poultry, and any practices performed by a farmer or on a
farm as an incident to or in conjunction with such farming operations
but does not include the manufacturing or processing of sugar, coconut,
abaca, tobacco, pineapples or other farm products;
"Employ" includes to suffer or permit to work; and
"Wage" paid to any employee shall mean the remuneration or
earnings, however designated, capable of being expressed in terms of
money, whether fixed or ascertained on a time, task, piece, or
commission basis, or other method of calculating the same, which is
payable by an employer to an employee under a written or unwritten
contract of employment for work done or to be done, or for services
rendered or to be rendered, and includes the fair and reasonable value,
as determined by the Secretary of Labor, of board, lodging, or other
facilities customarily furnished by the employer to the employee. "Fair
and reasonable value" shall not include any profit to the employer or to
any person affiliated with the employer.
Application of Title.
ART. 96. Application of Title. — This Title shall not
apply to farm tenancy or leasehold, domestic service and persons
working in their respective homes in needlework or in any cottage
industry duly registered in accordance with law.
Statutory Minimum Wages.
ART. 97. Statutory Minimum Wages. — The minimum wage
rates for agricultural and nonagricultural employees shall be those
prescribed by law in force on the date this Code takes effect.
Prohibition Against Reduction or Elimination of Wages or Benefits.
ART. 98. Prohibition Against Reduction or Elimination of
Wages or Benefits. — Nothing in this Title shall be construed to
authorize any employer to eliminate, or diminish in any way,
supplements, or other employee benefits being enjoyed at the time of
promulgation of this Code.
Payment by Results.
ART. 99. Payment by Results. — The Secretary of
Labor shall regulate the payment of wages by results, including pakyao,
piecework and other non-time work, in order to ensure the payment of
fair and reasonable wage rates, preferably through time and motion
studies or in consultation with representatives of workers' and
employers' organizations.
Forms of Payment.
ART. 100. Forms of Payment. — No
employer shall pay the wages of an employee by means of promissory
notes, vouchers, coupons, tokens, tickets, chits or any object other
than legal tender, even when expressly requested by the employee.
Payment of wages by check or money order shall be allowed when such
manner of payment is customary on the date of effectivity of this Code,
or is necessary because of special circumstances as specified in
appropriate regulations to be issued by the Secretary of Labor or is
stipulated in a collective bargaining agreement.
ART. 101. Time of Payment - Wages shall be paid at least
once every two (2) weeks or twice a month at intervals not exceeding
sixteen (16) days. If on account of force majeure or
circumstances beyond the employer's control, payment of wages on or
within the time herein provided cannot be made, the employer shall pay
the wages immediately after such force majeure or circumstances
have ceased.
The payment of wages of employees engaged to perform a task which cannot
be completed in two (2) weeks shall be subject to the following
conditions in the absence of a collective bargaining agreement or
arbitration award:
That payments arc made at intervals not exceeding sixteen (16)
days, in proportion to the amount of work completed; and
That final settlement is made upon completion of the work.
No employer shall make payment with less frequency than once a month.
Place of Payment.
ART. 102. Place of Payment. — Payment of
wages shall be made at or near the place of undertaking, except as
otherwise provided by such regulations as the Secretary of Labor may
prescribe under conditions to ensure greater protection of wages.
Direct Payment of Wages.
ART. 103. Direct Payment of Wages. — Wages shall be
paid directly to the workers to whom they arc due, except:
In cases of force majeure rendering such payments
impossible or under other special circumstances to be determined by the
Secretary of Labor in appropriate regulations, in which cases the worker
may be paid through another person under written authority given by the
worker for the purpose; and
Where the worker has died, in which case the employer may pay
the wages of the deceased worker to the heirs of the latter
without the necessity of intestate proceedings. The claimants, if they
are all of age, shall execute an affidavit attesting to their
relationship to the deceased and the fact that they arc his heirs, to
the exclusion of all other persons. If any of the heirs is a minor, the
affidavit shall be executed on his behalf by his natural guardian or
next of kin. The affidavit shall be presented to the employer who shall
make payment through the Secretary of Labor or his representative. The
representative of the Secretary of Labor shall act as referee in
dividing the amount paid among the heirs. The payment of wages under
this Article shall absolve the employer of any further liability with
respect to the amount paid.
Contractor or Subcontractor.
ART. 104. Contractor or Subcontractor. — Whenever an
employer enters into a contract with another person for the performance
of the former's work, the employees of the contractor and of the
latter's subcontractor, if any, shall be paid in accordance with the
provisions of this Code.
In the event that the contractor or subcontractor fails to pay the wages
of his employees in accordance with this Code, the employer shall be
jointly and severally liable with his contractor or subcontractor to
such employees to the extent of the work performed under the contract,
in the same manner and extent that he is liable to employees directly
employed by him.
The Secretary of Labor may, by appropriate regulations, restrict or
prohibit the contracting out of labor to protect the rights of workers
established under this Code. In so prohibiting or restricting, he may
make appropriate distinctions between labor-only contracting, and job
contracting, as well as differentiations within these types of
contracting, and determine who among the parties involved shall be
considered the employer for purposes of this Code, to prevent any
violation or circumvention of any provision of this Code.
Labor-only contracting shall he deemed unlawful where the person
supplying workers to an employer dues not have substantial capital or
investment in the form of tools, equipment, machineries, work premises,
among others, and the workers recruited and placed by such person are
performing activities which are directly related to the principal
business of such employer. In such cases, the person or intermediary
shall be considered merely as an agent of the employer who shall be
responsible to the workers in the same manner and extent as if the
latter were directly employed by him.
Indirect Employer.
ART. 105. Indirect Employer. — The provisions of the
immediately preceding Article shall likewise apply to any person,
partnership, association or corporation which, not being an employer,
contracts with an independent contractor for the performance of any
work, task, job or project.
Posting of Bond.
ART. 106. Posting of Bond. — An employer or indirect
employer may require the contractor or subcontractor lo furnish a bond
equal to the cost of labor under contract, on condition that, the bond
will answer for the wages due the employees should the contractor or
subcontractor, as the case may be, fail to pay the same.
Solidary Liability.
ART. 107. Solidary Liability. — The provisions of
existing laws to the contrary notwithstanding, every employer or
indirect employer shall be held responsible with his contractor or
subcontractor for any violation of any provision of this Code. For
purposes of determining the extent of their civil liability under this
Chapter, they shall be considered as direct employers.
Worker Preference in Case of Bankruptcy.
ART. 108. Worker Preference in Case of Bankruptcy. —
In the event of bankruptcy or liquidation of an employer's business,
his workers shall enjoy first preference as regards Wages due them for
services rendered during the period prior to the bankruptcy or
liquidation, any provision of law to the contrary notwithstanding.
Unpaid wages shall be paid in full before other creditors may establish
any claim to a share in the assets of the employer.
Attorney's Fees.
ART. 109. Attorney's Fees. — Attorney's fees in
any judicial or administrative proceedings for the recovery of wages
shall not exceed ten percent (10%) of the amount awarded.
Noninterference in Disposal of Wages.
ART. 110. Noninterference in Disposal
of Wages. — No employer shall limit or otherwise interfere with the
freedom of any employee lo dispose of his wages. He shall not in any
manner force, compel, or oblige his employees to purchase merchandise,
commodities, or other property from the employer or from any other
person or otherwise make use of any store or services of such employer
or any other person.
ART. 111. Wage Deduction. No employer, in his own behalf
or in behalf of any person, shall make any deduction from the wages of
his employees except:
In cases where the worker is insured with his consent by the
employer, and the deduction is to recompense the employer for the amount
paid by him as premium on the insurance;
In cases where the right of the worker or his union to
check off has been recognized by the employer or authorized in writing
by the individual worker concerned; and
In cases where the employer is authorized by law or
regulations issued by the Secretary of Labor.
Deposits for Loss or Damage.
ART. 112. Deposits for Loss or Damage. — No employer shall
require his worker to make deposits from which deductions shall be made
for the reimbursement of loss of or damage to tools, materials, or
equipment supplied by the employer, except when the employer is engaged
in such trades, occupations or businesses where the practice of making
deductions or requiring deposits is a recognized one, or is necessary or
desirable as determined by the Secretary of Labor m appropriate rules
and regulations.
Limitations.
ART. 113. Limitations. — No deduction from the
deposits of an employee for the actual amount of the loss or damage
shall be made unless the employee has been heard thereon, and his
responsibility has been clearly shown.
Withholding of Wages and Kickbacks Prohibited.
ART. 114. Withholding of Wages and Kickbacks Prohibited.
— It shall be unlawful for any person, directly or indirectly, to
withhold any amount from the wages of a worker or induce him to give up
any part of his wages by force, stealth, intimidation, threat or
dismissal or by any other means whatsoever without the worker's consent.
Deduction to Ensure Employment.
ART. 115. Deduction to Ensure Employment. — It
shall be unlawful to make any deduction from the wages of any employee
for the benefit of the employer or his representative or intermediary as
consideration of a promise of employment or retention in employment.
Retaliatory Measures.
ART. 116. Retaliatory Measures. — It shall be
unlawful for an employer to refuse to pay, reduce the wages, discharge
or in any manner discriminate against any employee who has filed any
complaint or instituted any proceeding under this Title.
False Reporting.
ART. 117. False Reporting. — It shall be unlawful
for any person to make any statement, report, or record filed or kept
pursuant to the provisions of this Code knowing such statement, report
or record to be false in any material respect.
ART. 118. Wage Studies — (a) The Wage
Commission in the Department of Labor shall conduct a continuing study
of wage rates in the various agricultural and non-agricultural
industries all over the country for the purpose of ascertaining whether a
substantial number of employees in a given industry arc receiving wages
which, although complying with the minimum provided for in this Title,
are less than sufficient to maintain them in health, efficiency and
general well-being, taking into account the peculiar circumstances of
the industry and its geographical location, among others. If after such
study or studies the Commission is of the opinion that such number of
employees arc receiving such wages, it shall, subject to the approval of
the Secretary of Labor, proceed to determine the same after notice and
hearing.
Wage Recommendations.
ART. 119. Wage Recommendations. —The Commission shall have
60 days within which to conduct hearings and recommend to the Secretary
of Labor the issuance of a wage order establishing the minimum wage or
wages to be paid by employers in the industry or the various branches
thereof.
Wage Order.
ART. 120. Wage Order. — Upon submission of the
Commission recommendation, the Secretary of Labor shall give notice to
interested parties and conduct a public hearing thereon within 15 days.
On the basis of the Commission recommendation and of the results of the
public hearing, the Secretary of Labor shall, within 15 days after the
termination of the hearing, approve or reject but shall not modify the
minimum wages recommended by the Commission. If he rejects the
recommendation, he shall issue a statement of his reasons therefor and
shall direct the Commission to consider the same immediately. If he
approves the recommendation of the Commission, original or modified, he
shall immediately issue a wage order, subject to the approval of the
President of the Philippines, prescribing the minimum wage to be paid to
the employees in the industry.
Criteria for Minimum Wage Fixing.
ART. 121. Criteria for Minimum Wage Fixing. — A
minimum wage to be established by the Commission shall be as nearly
adequate as is economically feasible to maintain the minimum standards
of living necessary for the health, efficiency and general well-being of
the employees within the framework of the national economic and social
development program. In the determination of a minimum wage, the
Commission shall, among other relevant factors, consider the following:
Cost of living;
Comparable wages and other incomes in the economy;
Fair return of the capital invested; and
The imperatives of economic and social development.
The wages established in accordance with the provisions of this Title
shall not be the standard prevailing minimum wages in the industry on
the effective date of this Code and in no case less than the minimum
wage rates set forth in Chapter II of this Title. These wages may
include wages varying with localities if in the judgment of the
Commission and the Secretary of Labor conditions make such local
differentiation proper and necessary to effectuate the purposes of this
Title.
Effectivity of the Wage Order.
ART. 122. Effectivity of the Wage Order. — A Wage
Order shall take effect 15 days after publication in at least one (1)
newspaper of general circulation and by such other means as the
Secretary of Labor deems reasonably calculated lo give the interested
parties general notice of such issuance. From the date of the
effectivity of a Wage Order, no employee who is within the scope of such
order shall be paid wages below the rate fixed therein.
Only the Wage Order itself shall be published.
Freedom to Bargain.
ART. 123. Freedom to Bargain. — No Wage Order shall be
construed to prevent workers in particular firms or enterprises of
industries from bargaining for higher wages with their respective
employers.
Prohibition Against Injunction.
ART. 124. Prohibition Against Injunction. — No injunction
may be issued by any court to restrain any proceeding of or before the
Wage Commission or the Secretary of Labor except on the basis of
question of law by the Supreme Court on certiorari.
Power of the Commission.
ART. 125. Power of the Commission. — In conducting a
continuing study of wage rates and other economic conditions in any
industry or branches thereof, the Commission may call upon the
assistance and cooperation of any regional, provincial and local
government agency and may call interested parties to furnish information
in aid of its deliberations.
Visitorial Powers.
ART. 126. Visitorial Powers. — The Secretary of Labor or
his duly authorized representatives, including, but not restricted to,
the labor inspectorate, shall have access to
employers' records and premises at any time of the day or night whenever
work is being undertaken therein, and the right Lo copy therefrom, to
question any employee and investigate any fact, condition or matter
which may be necessary to determine violations or in aid in the
enforcement of this Title and of any wage order or regulation issued
pursuant to this Code.
Recovery of Wages.
ART. 127. Recovery of Wages. — Upon application of any
interested party, the Bureau of Labor Relations or any regional office
of the Department of Labor may certify to the National Labor Relations
Commission established under this Code any matter involving the recovery
of wages and other benefits owing to an employee under this Code, with
legal interest. Any sum thus recovered on behalf of an employee pursuant
to this Article shall be held in a special deposit account by and shall
be paid, on order of the Secretary of Labor, directly to the employee
concerned. Any such sum not paid to the employee because he cannot be
located within a period of two (2) years shall be held as a special fund
of the Department of Labor to be used exclusively in the administration
and enforcement of labor laws.
The Secretary of Labor or his duly authorized representative may
supervise the payment of unpaid wages and other benefits found owing to
any employee under this Code.
Night Work Prohibition.
ART. 128. Night Work Prohibition. — No woman, regardless
of age, shall be employed or permitted or suffered to work, with or
without compensation:
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
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
In any agricultural undertaking at nighttime unless she
is given a period of rest of not less than nine (9) consecutive hours.
Exceptions.
ART. 129. Exceptions. — The prohibitions prescribed by the
preceding Article shall not apply in any of the following cases:
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;
In case of urgent work to be performed on machineries,
equipment or installation, to avoid serious loss which the employer
would otherwise suffer;
Where the work is necessary' to prevent serious loss of
perishable goods;
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;
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;
Where the women employees are immediate members of the
family operating the establishment or undertaking; and
Under other analogous cases exempted by the Secretary of
Labor in appropriate regulations.
Facilities for Women.
ART. 130. Facilities for Women. — The Secretary of Labor
shall establish standards that will insure the safety and health of
women employees. In appropriate cases, he shall by regulations require
any employer to:
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;
Establish separate toilet rooms and lavatories for men and
women and provide at least a dressing room for women;
Establish a nursery in a workplace for the benefit of
the women employees therein; and
Determine appropriate minimum age and other
standards for retirement or termination in special occupations such
as those of flight attendants and the like.
Maternity Leave Benefits.
ART. 131. Maternity Leave Benefits. —
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 (2) weeks.
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.
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.
Family Planning Services; Incentives for Family Planning.
ART. 132. Family Planning Services; Incentives for Family
Planning. —
Establishments which are required by law to maintain a clinic
or infirmary shall provide free family planning services to their
employees which shall include, but not limited to, the application
or use of contraceptive pills and intrauterine devices.
In coordination with other agencies of the Government engaged
in the promotion of family planning, the Department of Labor shall
develop and prescribe incentive bonus schemes to encourage family
planning among female workers in any establishment or enterprise.
Discrimination Prohibited.
ART. 133. Discrimination Prohibited. — No employer shall
discriminate against any woman with respect to terms and conditions of
employment on account of her sex. Equal remuneration shall be paid to
both men and women for work of equal value.
Stipulation Against Marriage.
ART. 134. 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.
Prohibited Acts.
ART. 135. Prohibited Acts. — (a) It shall he unlawful
for any employer:
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 for under this
Code;
To discharge such woman on account of her pregnancy, or while
on leave or in confinement due to her pregnancy; or
To discharge or refuse the admission of such woman upon
returning to her work for fear that she may again be pregnant.
Classification of Certain Women Workers.
ART. 136. Classification of Certain Women Workers. — Any
woman who is permitted or suffered to work, for a substantial period of
time under the effective control or supervision of the employer, with or
without compensation, in any night club, cocktail lounge, bar, massage
clinic, or any similar place, shall be considered as an employee of such
establishment for purposes of existing labor and social legislations.
Minimum Employable Age.
ART. 137. Minimum Employable Age. — No child below
fourteen (14) years of age shall be employed by an employer, except
where the child works directly under the sole responsibility of his
parent or guardian, involving activities which arc not hazardous in
nature and which do not in any way interfere with his schooling.
Age Eligibility for Employment.
ART. 138. Age Eligibility for Employment. — Any
person between fourteen (14) and eighteen (18) years of age may be
employed in any non-hazardous undertaking for such number of hours and
during certain periods of the day as determined by the Secretary of
Labor in appropriate regulations. The employer shall not discriminate
against any such person in respect to terms and conditions of employment
on account of his age.
Coverage.
ART. 139. Coverage. - This Chapter shall apply to all
persons rendering services in the households for a compensation, except
those who do not live therein but return to their own houses after their
work.
"Domestic or household service" shall mean such service in the
employer's home which is usually necessary or desirable for the
maintenance and enjoyment thereof and include ministering to the
personal comfort and convenience of the members of the employer's
household, including services of family drivers.
Contract of Domestic Service.
ART. 140. Contract of Domestic Service. — The original
contract of domestic service shall not last for more than two (2) years
but it may be renewed for such periods as may be agreed upon by the
parties.
Minimum Wage.
ART. 141. Minimum Wage. — (a) Househelpers shall be
paid the following minimum wage rates:
Sixty pesos (P60) a month for househelpers in
Manila, Quezon, Pasay and Caloocan cities and the municipalities of
Makati, San Juan, Mandaluyong, Muntinglupa, Navotas, Malabon, Paranaque,
Las Pinas, Pasig and Marikina in Rizal Province;
Forty-five pesos (P45) a month for those in other
chartered cities and first class municipalities;
Thirty pesos (P30) a month for those in other municipalities.
Minimum Cash Wage.
ART. 142. Minimum Cash Wage. —The minimum wage rates
prescribed under this Chapter shall be the basic cash wages which shall
be paid to the househelpcr in addition to lodging, food and medical
attendance.
ART. 143, Assignment to Non-Household Work. — No
househelper shall be assigned to work in a commercial, industrial or
agricultural enterprise at a wage or salary rate lower than that
provided for agricultural or nonagricultural worker as prescribed
herein.
Opportunity for Education.
ART. 144. Opportunity for Education. — If the
househelper is under the age of eighteen (18) years, the employer shall
give him or her an opportunity for at least elementary education. The
cost of such education shall be part of the househelper compensation,
unless there is a stipulation to the contrary.
Treatment of Househelpers.
ART. 145. Treatment of Househelpers. — The employer
shall treat the househelper in a just and humane manner. In no case
shall physical violence be used upon the househelper.
Board, Lodging and Medical Attendance.
ART. 146. Board, Lodging and Medical Attendance. —
The employer shall furnish the househelper free of charge suitable and
sanitary living quarters as well as adequate food and medical
attendance.
Indemnity for Unjust Termination of Services.
ART. 147. Indemnity for Unjust Termination of Services.
— If the period of household service is fixed, neither the employer nor
the househelper may terminate the contract before the expiration of the
term, except for a just cause. If the househelper is unjustly
dismissed, he or she shall be paid the compensation already earned plus
that for fifteen (15) days by way of indemnity.
If the househelper leaves without justifiable reason, he or she shall
forfeit any unpaid salary due him or her not exceeding fifteen (15)
days.
Rules on Services of Termination Notice.
ART. 148. Rules on Services of Termination Notice. — If
the duration of the household service is not determined either by
stipulation or by the nature of the service, the employer or the
househelper may give notice to put an end to the relationship five (5)
days before the intended termination of the service.
Employment Certification.
ART. 149. Employment Certification. —Upon the severance of
the household service relation, the employer shall give the househelper
a written statement of the nature and duration of the service and his
or her efficiency and conduct as househelper.
Employment Records.
ART. 150. Employment Records. — The employer may keep such
records as he may deem necessary to reflect the actual terms and
conditions of employment of his househelper which the latter shall
authenticate by signature or thumbmark upon request of the employer.
Regulation of Industrial Homework.
ART. 151. Regulation of Industrial Homework. — The
employment of industrial homeworkers and field personnel shall be
regulated by the Government through appropriate regulations issued by
the Secretary of Labor to ensure the general welfare and protection of
homeworkers and field personnel and the industries employing them.
Regulations of Secretary of Labor.
ART. 152. Regulations of Secretary of Labor. — The
regulations or orders to be issued pursuant to this Chapter shall be
designed to assure the average employee of an undertaking the minimum
terms and conditions of employment applicable to the industrial
homeworkers or field personnel involved.
Distribution of Homework.
ART. 153. Distribution of Homework. — For the
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 any employee, agent, contractor, subcontractor or
any other person:
Delivers, or causes to he 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
Sells any goods, articles or materials for the purpose of
having the same processed or fabricated in or about a home and then
rebuys them after such processing or fabrication, either himself or
through some other person.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
