TWENTIETH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez and 
Representative Maximo B. Rodriguez, Jr. 
House Bill No.  _____ 
EXPLANATORY NOTE 
The State affirms labor as a primary social economic force. It shall protect the rights of 
workers and promote their welfare. (Art. II, Sec. 18, 1987 Philippine Constitution) 
Labor is the primary social economic force of the State, thus, it is essential that laws 
and rules affording protection to labor be kept up to date with the times. 
Presidential Decree (P.D.) No. 442, as amended, otherwise known as the Labor Code 
of the Philippines, is the governing law on labor standards and labor relations in the 
Philippines. Since its enactment in 1974, it has been subject to several amendments, starting 
from P.D. No. 570-A to Republic Act No. 10151. These amendments ranged from the general 
revisions of the law to renumbering of provisions and the recognition of the rights of night 
workers. These changes, however, were all piecemeal amendments that are scattered 
throughout different laws and policies, making it difficult for both employees and employers to 
be apprised of their rights and obligations. 
This proposed revised Labor Code aims to: (1) Update and revise the current Labor 
Code to incorporate existing laws and to reflect international conventions related to labor; (2) 
Ensure that the provisions are gender fair and non-discriminatory; (3) Ensure that the interests 
of laborers and employers are equally protected; and (4) Provide a comprehensive and easily-
accessible labor regulation to all stakeholders. 
The proposed measure incorporates, among others, the International Labour 
Organization Conventions, the Convention on the Elimination of All Forms of Discrimination 
Against Women, the Safe Spaces Act, and the Migrant Workers and Overseas Filipinos Act. 
In addition, it seeks to introduce new provisions on gender equality and justice, and recognition 
of rights of women workers. 
The enactment of the proposed revised Labor Code will aid in strengthening our policy 
of affording full protection to labor and promoting full employment and equality of employment 
opportunities for all.  
In view thereof, the passage of this measure is earnestly sought. 
RUFUS B. RODRIGUEZ 
  MAX IMO B. RODRIGUEZ, JR. 
September 8, 2025
8:00 am
4378


TWENTIETH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez and 
Representative Maximo B. Rodriguez, Jr. 
House Bill No.  _____ 
AN ACT 
PROVIDING FOR THE REVISED LABOR CODE OF THE PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
PRELIMINARY TITLE 
Chapter I 
GENERAL PROVISIONS 
Art. 1. Name of the Code. This Code shall be known as the "REVISED Labor Code of the 
Philippines". (1) 
Art. 2. Date of Effectivity. This Code shall take effect six (6) months after its promulgation 
PUBLICATION IN TWO (2) NEWSPAPERS OF GENERAL CIRCULATION. (2) 
Art. 3. Declaration of Basic Policy.  The State shall afford FULL protection to labor, LOCAL 
AND OVERSEAS, ORGANIZED AND UNORGANIZED, and promote full employment, ensure 
equal work opportunities regardless of sex, race or creed and regulate the relations between 
workers and employers AND EQUALITY OF EMPLOYMENT OPPORTUNITIES FOR ALL. 
The State IT shall assure 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, and just and 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 SHARE IN THE FRUITS OF 
PRODUCTION AND ENTERPRISES, TO PROFITS, EXPANSION AND GROWTH. (3a) 
Art. 4. Construction in Favor of Labor. All doubts in the implementation and interpretation 
of the provisions of this Code, including its implementing rules and regulations AS WELL AS 
IN LABOR CONTRACTS, shall be resolved in favor of labor. (4a) 
4378


Art. 5. Rules and Regulations. The Department of Labor AND EMPLOYMENT (DOLE) 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 TWO (2) newspapers of general circulation AND AFTER COMPLYING WITH THE FILING 
REQUIREMENT WITH THE OFFICE OF THE NATIONAL ADMINISTRATIVE REGISTER; 
OTHERWISE, THE RULES CANNOT BECOME THE BASIS OF ANY SANCTION AGAINST 
ANY PARTY OR PERSONS. (5a) 
 
Art. 6. Applicability. All rights and benefits granted to workers under this Code shall, except 
as may otherwise be provided herein, apply alike to all workers, whether agricultural or non-
agricultural. (6) (As amended by Presidential Decree No. 570-A, November 1, 1974) 
 
Chapter II 
EMANCIPATION OF TENANTS EQUALITY AND NON-DISCRIMINATION 
 
ART. 7. DISCRIMINATION. 
(1) 
THE STATE SHALL PURSUE A NATIONAL POLICY DESIGNED TO PROMOTE, BY 
METHODS APPROPRIATE TO NATIONAL CONDITIONS AND PRACTICE, 
EQUALITY OF OPPORTUNITY AND TREATMENT IN RESPECT OF EMPLOYMENT 
AND OCCUPATION, WITH A VIEW TO ELIMINATING ANY DISCRIMINATION IN 
RESPECT THEREOF.  
(2) 
FOR THE PURPOSE OF THIS CODE THE TERM DISCRIMINATION INCLUDES— 
(a) 
ANY DISTINCTION, EXCLUSION OR PREFERENCE MADE ON THE BASIS OF 
RACE, COLOR, SEX, SEXUAL ORIENTATION, GENDER IDENTITY AND 
EXPRESSION, 
SEX 
CHARACTERISTICS, 
MARITAL 
STATUS, 
AGE, 
DISABILITY, 
LANGUAGE, 
RELIGION, 
POLITICAL 
OPINION 
AND 
PERSUASION, NATIONAL EXTRACTION OR SOCIAL ORIGIN, PROPERTY, 
BIRTH, OR OTHER STATUS, WHICH HAS THE EFFECT OF NULLIFYING OR 
IMPAIRING 
EQUALITY 
OF 
OPPORTUNITY 
OR 
TREATMENT 
IN 
EMPLOYMENT OR OCCUPATION; 
(b) 
SUCH OTHER DISTINCTION, EXCLUSION OR PREFERENCE WHICH HAS 
THE EFFECT OF NULLIFYING OR IMPAIRING EQUALITY OF OPPORTUNITY 
OR TREATMENT IN EMPLOYMENT OR OCCUPATION AS MAY BE 
DETERMINED BY THE MEMBER CONCERNED AFTER CONSULTATION 
WITH REPRESENTATIVE EMPLOYERS' AND WORKERS' ORGANIZATIONS, 
WHERE SUCH EXIST, AND WITH OTHER APPROPRIATE BODIES. 
 
(3) 
ANY DISTINCTION, EXCLUSION OR PREFERENCE IN RESPECT OF A 
PARTICULAR JOB BASED ON THE INHERENT REQUIREMENTS SHALL NOT BE 
DEEMED TO BE DISCRIMINATION. 
 
FOR THE PURPOSE OF THIS CODE, THE TERMS EMPLOYMENT AND OCCUPATION 
INCLUDE ACCESS TO VOCATIONAL TRAINING, ACCESS TO EMPLOYMENT AND TO 
PARTICULAR OCCUPATIONS, AND TERMS AND CONDITIONS OF EMPLOYMENT. (new) 
 
Art. 8. Discrimination Prohibited. It shall be unlawful for any employerS to discriminate 
against any woman employeeS with respect to terms and conditions of employment solely on 
account of her THEIR RACE, COLOR, sex, GENDER IDENTITY AND EXPRESSION, SEX 
CHARACTERISTICS, SEXUAL ORIENTATION, MARITAL STATUS, AGE, DISABILITY, 
LANGUAGE, 
RELIGION, 
POLITICAL 
OPINION 
AND 
PERSUASION, 
NATIONAL 
EXTRACTION OR SOCIAL ORIGIN, PROPERTY, BIRTH, OR OTHER STATUS. 
 
The following are acts of discrimination IF DONE ON THE BASIS OF THE CRITERIA IN THE 
FIRST PARAGRAPH: 


(a) 
ADVERTISEMENTS OR QUALIFICATION STANDARDS SHOWING DISTINCTION, 
EXCLUSION OR PREFERENCE, WITH REGARD TO A PARTICULAR JOB NOT 
BASED ON THE INHERENT REQUIREMENTS OF THE SAID JOB; 
(b) 
UTILIZING STANDARDS, CRITERIA, OR METHODS OF ADMINISTRATION THAT: 1) 
HAVE 
THE 
EFFECT 
OF 
DISCRIMINATION; 
OR 
2) 
PERPETUATE 
THE 
DISCRIMINATION 
OF 
OTHERS 
WHO 
ARE 
SUBJECT 
TO 
COMMON 
ADMINISTRATIVE CONTROL; 
(c) 
(a) Payment of a lesser compensation, including wage, salary or other form of 
remuneration and fringe benefits, to a female employee as against a male employee, 
for work of equal value; and 
(d) 
(b) Favoring DISTINGUISHING, EXCLUDING OR PREFERRING a male employeeS 
over a female employee WITH RESPECT TO PROMOTION, 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 ARTICLE 5 shall be 
penalized as provided in Articles 288 312 and 289 313 of this Code: Provided, That the 
institution of any criminal action under this provision shall not bar the aggrieved employeeS 
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. (135a) 
 
Art. 9. Stipulation Against Marriage. It shall be unlawful for an employerS to require as a 
condition of employment or continuation of employment that a woman employeeS shall not 
get married, or to stipulate expressly or tacitly that upon getting married, a woman employeeS 
shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or 
otherwise prejudice a woman employeeS merely by reason of her THEIR marriage. (134a) 
 
Art. 10. Classification of Certain Women Workers.  Any woman EMPLOYEES who is ARE 
permitted or suffered to work, with or without compensation, in any night club, BAR, cocktail 
lounge, massage clinic, bar, or similar establishments under the effective control or 
supervision of the employerS for a substantial period of time as determined by the Secretary 
of Labor and Employment (SOLE), shall be considered as an employeeS of such 
establishment for purposes of labor and social legislation. (136a) 
 
BOOK ONE 
PRE-EMPLOYMENT 
 
Title I 
RECRUITMENT AND PLACEMENT OF WORKERS 
 
CHAPTER I 
GENERAL PROVISIONS 
 
Art. 11. Statement of Objectives. CONSISTENT WITH THE NATIONAL INTEREST AND 
BINDING INTERNATIONAL COMMITMENTS, it is the policy of the State TO:  
 
(A)  PURSUE AS A MAJOR GOAL, AN ACTIVE POLICY DESIGNED TO PROMOTE FULL, 
PRODUCTIVE AND FREELY CHOSEN EMPLOYMENT WITH A VIEW TO 
STIMULATING ECONOMIC GROWTH AND DEVELOPMENT, RAISING STANDARDS 
OF LIVING, MEETING HUMAN RESOURCE REQUIREMENTS AND OVERCOMING 
UNEMPLOYMENT AND UNDEREMPLOYMENT; 


a. To (B) Promote and maintain a state of full employment through improved manpower 
HUMAN RESOURCE training, allocation and utilization, CONSISTENT WITH HUMAN 
RIGHTS COMMITMENTS, INCLUDING THE PROMOTION OF GENDER EQUALITY; 
b. To(C) Protect every citizen THE RIGHTS AND DIGNITY OF CITIZENS desiring to work 
locally or overseas, ORGANIZED OR UNORGANIZED, by securing for him THEM the 
best possible terms and conditions of employment; 
c. To (D) Facilitate a free choice of available employment by persons seeking work in 
conformity with the national interest; 
d. To facilitate and regulate the movement of workers in conformity with the national interest; 
e. To regulate the employment of aliens, including the establishment of a registration and/or 
work permit system; 
f. To(E) Strengthen the network of public employment offices and rationalize the participation 
of the private sector in the recruitment and placement of workers, locally and overseas, 
to serve national development objectives; 
g. To(F) Insure careful selection of Filipino workers for overseas employment in order to 
protect the good name of the Philippines abroad; 
(G)  CONTINUOUSLY 
CREATE 
LOCAL 
EMPLOYMENT 
OPPORTUNITIES 
AND 
PROMOTE THE EQUITABLE DISTRIBUTION OF WEALTH AND THE BENEFITS OF 
DEVELOPMENT AS A MEANS TO SUSTAIN ECONOMIC GROWTH AND ACHIEVE 
NATIONAL 
DEVELOPMENT 
WHILE 
RECOGNIZING 
THE 
SIGNIFICANT 
CONTRIBUTION OF FILIPINO MIGRANT WORKERS TO THE NATIONAL ECONOMY 
THROUGH THEIR FOREIGN EXCHANGE REMITTANCES. THE OVERSEAS 
EMPLOYMENT PROGRAM SHOULD REST ON THE ASSURANCE THAT THE 
DIGNITY AND FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS OF FILIPINO 
CITIZENS SHALL NOT, AT ANY TIME, BE COMPROMISED OR VIOLATED; AND 
(H) 
APPLY 
GENDER-SENSITIVE 
CRITERIA 
IN 
THE 
FORMULATION 
AND 
IMPLEMENTATION OF POLICIES AND PROGRAMS AFFECTING WORKERS. (12a) 
 
Art. 12. Definitions. AS USED IN THIS BOOK, THESE TERMS SHALL BE DEFINED AS 
FOLLOWS: 
(a) 
“Worker” means any member of the labor force, whether employed or unemployed. 
(b) 
“Authority” means a document issued by the Department of Labor DOLE  authorizing a 
person or association to engage in recruitment and placement activities as a private 
recruitment entity. 
(c) 
“License” means a document issued by the Department of Labor DOLE authorizing a 
person or entity to operate a private employment agency. 
(d) 
“Private fee-charging employment agency” means any person or entity engaged in 
recruitment and placement of workers for a fee which is charged, directly or indirectly, 
from the workers or employers or both. 
(e) 
“Private recruitment entity” means any person or association engaged in the recruitment 
and placement of workers, locally or overseas, without charging, directly or indirectly, 
any fee from the workers or employers. 
(f) 
“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 for employment, locally or abroad, whether for profit 
or not: Provided, That any person or entity which, in any manner, offers or promises for 
a fee, employment to two or more persons shall be deemed engaged in recruitment and 
placement. WHEN ANY PERSON OR ENTITY, IN ANY MANNER, OFFERS OR 
PROMISES FOR A FEE, EMPLOYMENT TO TWO OR MORE PERSONS, A 
PRESUMPTION IS CREATED THAT THE PERSON IS ENGAGED IN RECRUITMENT 
AND PLACEMENT. 
g. 
"Seaman" means any person employed in a vessel engaged in maritime navigation. 
h. 
"Overseas employment" means employment of a worker outside the Philippines. 
i. 
"Emigrant" means any person, worker or otherwise, who emigrates to a foreign country 
by virtue of an immigrant visa or resident permit or its equivalent in the country of destination. 


(G)  "MIGRANT WORKERS" REFERS TO FILIPINOS WHO ARE TO BE ENGAGED, ARE 
ENGAGED OR HAVE BEEN ENGAGED IN A REMUNERATED ACTIVITY IN A STATE 
OF WHICH THEY ARE NOT CITIZENS OR ON BOARD A VESSEL NAVIGATING THE 
FOREIGN SEAS OTHER THAN A GOVERNMENT SHIP USED FOR MILITARY OR 
NON-COMMERCIAL PURPOSES OR ON AN INSTALLATION LOCATED OFFSHORE 
OR ON THE HIGH SEAS. A "PERSON TO BE ENGAGED IN A REMUNERATED 
ACTIVITY" REFERS TO AN APPLICANT WORKER WHO HAS BEEN PROMISED OR 
ASSURED EMPLOYMENT OVERSEAS.  
(H)  “GENDER EQUALITY” REFERS TO THE PRINCIPLE ASSERTING THE EQUALITY 
OF EVERYONE REGARDLESS OF GENDER AND THEIR RIGHT TO ENJOY EQUAL 
CONDITIONS REALIZING THEIR FULL HUMAN POTENTIALS TO CONTRIBUTE TO 
AND BENEFIT FROM THE RESULTS OF DEVELOPMENT AND WITH THE STATE 
RECOGNIZING THAT ALL HUMAN BEINGS ARE FREE AND EQUAL IN DIGNITY 
AND RIGHTS. 
(I) “GENDER-SENSITIVE” IS THE STATE OF KNOWING HOW SOCIAL CONSTRUCTIONS 
NORMALIZE BIASES AND MARGINALIZATION ON THE BASIS OF GENDER AND 
BEING ABLE TO ACT WITHOUT BIASES AND EXHIBIT RESPECT FOR EACH AND 
EVERY PERSON REGARDLESS OF GENDER. IT IS RECOGNIZING THE 
INEQUALITIES AND INEQUITIES PREVALENT IN SOCIETY BETWEEN WOMEN 
AND MEN AND COMMITTING TO ADDRESS GENDER ISSUES. (13a) 
 
Art. 13. Employment Promotion. The Secretary of Labor SOLE shall have the power and 
authority: 
(a) 
To organize and establish new employment offices in addition to the existing 
employment offices under the Department of Labor  DOLE as the need arises; 
(b) 
To organize and establish a nationwide job clearance and information system to inform 
applicants registering with a particular employment office of job opportunities in other 
parts of the country as well as job opportunities abroad; 
(c) 
To develop and organize a program that will facilitate occupational, industrial and 
geographical mobility of labor and provide assistance in the relocation of workers from 
one area to another; and 
(d) 
To require any person, establishment, organization or institution to submit such 
employment information as may be prescribed by the Secretary of Labor SOLE. (14a) 
 
Art. 14. Private Recruitment. Except as provided in Chapter II of this Title, no person or 
entity other than the public employment offices, shall engage in the recruitment and 
placement of workers. (16) 
 
CHAPTER II 
REGULATION OF ON RECRUITMENT AND PLACEMENT ACTIVITIES 
 
Art. 15. Private Sector Participation in the Recruitment and Placement of Workers. 
Pursuant to national development objectives and in order to harness and maximize the use of 
private sector resources and initiative in the development and implementation of a 
comprehensive employment program, the private employment sector shall participate in the 
recruitment and placement of workers, locally and overseas, under such guidelines, rules and 
regulations as may be issued by the Secretary of Labor SOLE AND THE SECRETARY OF  
THE DEPARTMENT OF MIGRANT WORKERS (DMW) FOR OVERSEAS EMPLOYMENT, 
RESPECTIVELY. (25a) 
 
Art. 16. Travel Agencies Prohibited to Recruit. 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. (26) 
 


ART. 17. PROHIBITION ON OFFICIALS AND EMPLOYEES. OFFICIALS OR EMPLOYEES 
OF THE GOVERNMENT, ITS BRANCHES, SUBDIVISIONS, INSTRUMENTALITIES, AND 
AGENCIES, INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS 
WITH ORIGINAL CHARTERS OR THEIR RELATIVES, WITHIN THE FOURTH CIVIL 
DEGREE OF CONSANGUINITY OR AFFINITY ARE PROHIBITED FROM ENGAGING, 
DIRECTLY OR INDIRECTLY, IN RECRUITMENT AND PLACEMENT OF WORKERS FOR 
OVERSEAS EMPLOYMENT WHETHER FOR PROFIT OR NOT. THE PENALTIES SHALL 
BE IMPOSED UPON THEM. (new) 
 
Art. 18.  Citizenship Requirement. Only Filipino citizens or corporations, partnerships or 
entities at least seventy-five percent (75%) of the authorized and voting capital stock of which 
is owned and controlled by Filipino citizens shall be permitted to participate in the recruitment 
and placement of workers, locally or overseas. (27) 
 
Art. 19. Capitalization. All applicants for authority to hire or renewal of license to recruit are 
required to have such substantial AUTHORIZED capitalization as determined by the Secretary 
of Labor FOLLOWS:   
(1) 
FOR OVERSEAS RECRUITMENT AND PLACEMENT, A MINIMUM NET WORTH OF 
TWELVE MILLION PESOS (P12,000,000.00) IN THE CASE OF SINGLE 
PROPRIETORSHIPS, AND A FULLY PAID-UP CAPITAL OR NET WORTH OF 
TWELVE MILLION PESOS (P12,000,000.00) IN THE CASE OF PARTNERSHIPS OR 
CORPORATIONS; AND 
(2) 
FOR LOCAL RECRUITMENT AND PLACEMENT, A MINIMUM NET WORTH OF 
THREE 
MILLION 
PESOS 
(P3,000,000.00) 
IN 
THE 
CASE 
OF 
SINGLE 
PROPRIETORSHIPS, AND A FULLY PAID-UP CAPITAL OR NET WORTH OF THREE 
MILLION PESOS (P3,000,000.00) IN THE CASE OF PARTNERSHIPS OR 
CORPORATIONS. (28a) 
 
Art. 20. Non-Transferability of License or Authority. No license or authority shall be used 
directly or indirectly by any personS other than the one THOSE in whose favor it was issued 
or at any place other than that stated in the license or authority be transferred, conveyed or 
assigned to any other person or entity. Any transfer of business address, appointment or 
designation of any agent or representative including the establishment of additional offices 
anywhere shall be subject to the prior approval of the Department of LaborDOLE, OR DMW, 
RESPECTIVELY. (29a) 
 
Art. 21. Registration Fees. The Secretary of Labor SOLE OR DMW SECRETARY shall 
promulgate a schedule of fees for the registration of all applicants for license or authority. (30a) 
 
Art. 22. Bonds. All applicants for license or authority shall post such cash and surety bonds 
as determined by the Secretary of Labor To guarantee compliance with prescribed recruitment 
procedures, rules and regulations, and terms and conditions of employment as may be 
appropriate, ALL APPLICANTS FOR LICENSE OR AUTHORITY SHALL POST SUCH CASH 
AND SURETY BONDS AS DETERMINED BY THE SECRETARY OF LABOR FOLLOWS: 
(1) 
FOR OVERSEAS RECRUITMENT AND PLACEMENT, THE AMOUNT OF TWELVE 
MILLION 
PESOS 
(P12,000,000.00) 
FOR 
SINGLE 
PROPRIETORSHIPS, 
PARTNERSHIPS OR CORPORATIONS; AND  
(2) 
FOR LOCAL RECRUITMENT AND PLACEMENT, THE AMOUNT OF THREE MILLION 
PESOS (P3,000,000.00) FOR SINGLE PROPRIETORSHIPS, PARTNERSHIPS OR 
CORPORATIONS. (31a) 
 
Art. 23. NO Fees to be Paid by Workers. NO FEE OR CHARGE SHALL BE REQUIRED 
FROM any personS applying with a private fee-charging employment agency AGENCIES for 
employment assistance shall not be charged any fee until he has obtained employment 
through its efforts or has actually commenced employment. Such fee shall be always covered 


with the appropriate receipt clearly showing the amount paid. The Secretary of Labor shall 
promulgate a schedule of allowable fees. (32a) 
 
Art. 24. Mandatory Remittance of Earnings. It shall be mandatory for all Filipino workers 
abroad RECRUITED AND PLACED BY PRIVATE FEE-CHARGING EMPLOYMENT 
AGENCIES OR PRIVATE RECRUITMENT ENTITIES FOR LOCAL OR OVERSEAS 
EMPLOYMENT, to remit a portion of their foreign exchange earnings to their LEGITIMATE 
families, dependents, and/or beneficiaries in the country in accordance with rules and 
regulations prescribed by the Secretary of Labor SOLE, OR DMW SECRETARY, 
RESPECTIVELY. (22a) 
 
Art. 25. Reports on Employment Status. Whenever the public interest requires, The 
Secretary of Labor SOLE OR DMW SECRETARY may SHALL direct all persons or entities 
within the coverage of this Title to submit a report on the status of employment, including job 
vacancies, details of job requisitions, separation from jobs, wages, other terms and conditions 
and other employment data. (33a) 
 
CHAPTER III 
LOCAL RECRUITMENT AND EMPLOYMENT 
 
Art. 26. Bureau of LOCAL Employment Services. (a) The Bureau of LOCAL Employment 
Services shall be primarily responsible for developing and monitoring a comprehensive 
LOCAL employment program. It shall have the power and duty TO: 
(1) 
To Formulate and develop plans and programs to implement the employment promotion 
objectives of this Title; 
(2) 
To establish and maintain a registration and/or licensing system to regulate private 
sector participation in the recruitment and placement of workers, locally and overseas, 
and to secure the best possible terms and conditions of employment for Filipino contract 
workers and compliance therewith under such rules and regulations as may be issued 
by the Minister of Labor; 
(2)  ESTABLISH AND ADMINISTER A MACHINERY FOR THE EFFECTIVE ALLOCATION 
OF HUMAN RESOURCES FOR MAXIMUM EMPLOYMENT AND PLACEMENT; 
(3) (6) to Develop AND MAINTAIN a responsive vocational guidance and testing system in 
aid of proper human resources allocation; and 
(4)  REGULATE AND SUPERVISE PRIVATE SECTOR PARTICIPATION IN THE 
RECRUITMENT AND PLACEMENT OF WORKERS LOCALLY UNDER SUCH RULES 
AND REGULATIONS AS MAY BE ISSUED BY THE SOLE; 
(5) (4) To Establish and maintain a registration and/or work permit system to REASONABLY 
regulate the employment of aliens NON-RESIDENT FOREIGN NATIONALS SUBJECT 
TO THE PRINCIPLE OF RECIPROCITY; 
(6) (5) To Develop AND MAINTAIN a labor market information system in aid of proper 
manpower HUMAN RESOURCE and development planning; 
(7) To maintain a central registry of skills, except seamen. 
(7) (3) To Formulate and develop employment programs designed to benefit disadvantaged 
groups and communities; AND 
(8)  PERFORM OTHER FUNCTIONS AS MAY BE PROVIDED BY LAW. 
 
(b) The regional offices of the Ministry of Labor shall have the original and exclusive jurisdiction 
over all matters or cases involving employer-employee relations including money claims, 
arising out of or by virtue of any law or contracts involving Filipino workers for overseas 
employment except seamen: Provided, That the Bureau of Employment Services may, in the 
case of the National Capital Region, exercise such power, whenever the Minister of Labor 
deems it appropriate. The decisions of the regional offices of the Bureau of Employment 
Services, if so authorized by the Minister of Labor as provided in this Article, shall be 
appealable to the National Labor Relations Commission upon the same grounds provided in 


Article 223 hereof. The decisions of the National Labor Relations Commission shall be final 
and inappealable. (Superseded by Exec. Order 797, May 1, 1982). 
 
(c) (b) The Minister of Labor SOLE shall have the power to impose and collect fees based on 
rates recommended by the Bureau of LOCAL Employment Services. Such fees shall be 
deposited in the National Treasury as a special account of the General Fund, for the promotion 
of the objectives of the Bureau of LOCAL Employment Services, subject to the provisions of 
Section 40 of Presidential Decree No. 1177. (15a) 
 
ART. 27. PUBLIC EMPLOYMENT SERVICE OFFICE. TO CARRY OUT THE DECLARED 
POLICY TO PROVIDE FULL EMPLOYMENT AND EQUALITY OF EMPLOYMENT 
OPPORTUNITIES FOR ALL, AND FOR THIS PURPOSE, TO STRENGTHEN AND EXPAND 
THE EXISTING EMPLOYMENT FACILITATION SERVICE MACHINERY OF THE 
GOVERNMENT, PARTICULARLY AT THE LOCAL LEVELS, THERE SHALL BE 
ESTABLISHED IN ALL CAPITAL TOWNS AND/OR SEATS OF GOVERNMENT OF 
PROVINCES, KEY CITIES, AND OTHER STRATEGIC AREAS A PUBLIC EMPLOYMENT 
SERVICE OFFICE, HEREINAFTER REFERRED TO AS “PESO”, WHICH SHALL BE 
COMMUNITY-BASED AND MAINTAINED LARGELY BY LOCAL GOVERNMENT UNITS 
(LGUS) AND A NUMBER OF NON-GOVERNMENTAL ORGANIZATIONS (NGOS) OR 
COMMUNITY-BASED ORGANIZATIONS (CBOS) AND STATE UNIVERSITIES AND 
COLLEGES (SUCS), IN ACCORDANCE WITH REPUBLIC ACT NO. 8759. THE PESOS 
SHALL BE LINKED TO THE REGIONAL OFFICES OF THE DOLE FOR COORDINATION 
AND TECHNICAL SUPERVISION, AND TO THE DOLE CENTRAL OFFICE, TO 
CONSTITUTE THE NATIONAL EMPLOYMENT SERVICE NETWORK. (new) 
 
CHAPTER IV 
ILLEGAL RECRUITMENT AND PROHIBITED PRACTICES 
 
Art. 28. Illegal Recruitment. (a) Any recruitment activities, including the prohibited practices 
enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders 
of authority, shall be deemed illegal and punishable under Article 39 of this Code. The 
Department of Labor and Employment or any law enforcement officer may initiate complaints 
under this Article. 
(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an 
offense involving economic sabotage and shall be penalized in accordance with Article 39 
hereof. 
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) 
or more persons conspiring and/or confederating with one another in carrying out any unlawful 
or illegal transaction, enterprise or scheme defined under the first paragraph hereof. Illegal 
recruitment is deemed committed in large scale if committed against three (3) or more persons 
individually or as a group. 
(c) The Secretary of Labor and Employment or his duly authorized representatives shall have 
the power to cause the arrest and detention of such non-licensee or non-holder of authority if 
after investigation it is determined that his activities constitute a danger to national security 
and public order or will lead to further exploitation of job-seekers. The Secretary shall order 
the search of the office or premises and seizure of documents, paraphernalia, properties and 
other implements used in illegal recruitment activities and the closure of companies, 
establishments and entities found to be engaged in the recruitment of workers for overseas 
employment, without having been licensed or authorized to do so. 
 
IT SHALL BE UNLAWFUL FOR NON-LICENSEES OR NON-HOLDERS OF AUTHORITY TO 
UNDERTAKE RECRUITMENT AND PLACEMENT CONTEMPLATED UNDER ARTICLE 12 
OF THIS CODE:  PROVIDED, THAT SUCH NON-LICENSEES OR NON-HOLDERS WHO IN 
ANY MANNER, OFFER OR PROMISE FOR A FEE EMPLOYMENT TO TWO OR MORE 
PERSONS SHALL BE DEEMED SO ENGAGED.  IT SHALL ALSO BE UNLAWFUL TO 


COMMIT LIKEWISE INCLUDE THE FOLLOWING ACTS, WHETHER COMMITTED BY ANY 
PERSON, A NON-LICENSEE, NON-HOLDER, LICENSEE OR HOLDER OF AUTHORITY: 
 
(a) 
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 ANY AMOUNT GREATER THAN THAT ACTUALLY RECEIVED BY HIM AS A 
LOAN OR ADVANCE FEE, OR TO MAKE WORKERS PAY ANY OTHER FEE;  
(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 THIS CODE; OR FOR THE PURPOSE OF 
DOCUMENTING HIRED WORKERS WITH THE POEA DOLE OR DMW, AS THE 
CASE MAY BE, WHICH INCLUDE THE ACT OF REPROCESSING WORKERS 
THROUGH A JOB ORDER THAT PERTAINS TO NON-EXISTENT WORK, WORK 
DIFFERENT FROM THE ACTUAL OVERSEAS WORK, OR WORK WITH A 
DIFFERENT EMPLOYER WHETHER REGISTERED OR NOT WITH THE POEA DOLE 
OR DMW; 
(d) 
TO INDUCE OR ATTEMPT TO INDUCE A WORKERS ALREADY EMPLOYED TO 
QUIT HIS THEIR EMPLOYMENT IN ORDER TO OFFER HIM THEM ANOTHER 
UNLESS THE TRANSFER IS DESIGNED TO LIBERATE A THE WORKERS FROM 
OPPRESSIVE TERMS AND CONDITIONS OF EMPLOYMENT; 
(e) 
TO INFLUENCE OR TO ATTEMPT TO INFLUENCE ANY PERSONS OR ENTITY 
ENTITIES NOT TO EMPLOY ANY WORKERS WHO HAS HAVE NOT APPLIED FOR 
EMPLOYMENT THROUGH HIS THEIR AGENCY OR WHO HAVE FORMED, JOINED 
OR SUPPORTED, OR HAVE CONTACTED OR ARE SUPPORTED BY ANY UNION 
OR WORKERS’ ORGANIZATION;  
(f) 
TO ENGAGE IN THE RECRUITMENT OR PLACEMENT OF WORKERS IN JOBS 
HARMFUL TO PUBLIC HEALTH OR MORALITY OR TO THE DIGNITY OF WORKERS 
OR THE REPUBLIC OF THE PHILIPPINES; 
(g) 
TO OBSTRUCT OR ATTEMPT TO OBSTRUCT INSPECTION BY THE SECRETARY 
OF LABOR AND EMPLOYMENT SOLE OR DMW SECRETARY OR BY HIS THEIR 
DULY AUTHORIZED REPRESENTATIVES; 
(h) 
TO FAIL TO FILE REPORTS ON THE STATUS OF EMPLOYMENT, PLACEMENT 
VACANCIES, SEPARATION FROM JOBS, AND SUCH OTHER MATTERS OR 
INFORMATION AS MAY BE REQUIRED BY THE SECRETARY OF LABOR AND 
EMPLOYMENT DOLE OR DMW, AS THE CASE MAY BE; 
(i) 
TO SUBSTITUTE OR ALTER, TO THE PREJUDICE OF THE WORKER, 
EMPLOYMENT CONTRACTS APPROVED AND VERIFIED BY THE DOLE AND THE 
DMW FROM THE TIME OF ACTUAL SIGNING THEREOF BY THE PARTIES UP TO 
AND INCLUDING THE PERIODS OF EXPIRATION WITHOUT THE APPROVAL OF 
THE DOLE OR DMW, AS THE CASE MAY BE DEPARTMENT OF LABOR AND 
EMPLOYMENT; 
(j) 
FOR AN OFFICERS OR AGENTS OF A RECRUITMENT OR PLACEMENT AGENCY 
TO BECOME AN OFFICERS OR MEMBERS OF THE BOARD OF ANY 
CORPORATION ENGAGED IN TRAVEL AGENCY OR TO BE ENGAGED DIRECTLY 
OR INDIRECTLY IN THE MANAGEMENT OF A TRAVEL AGENCY; 
(k) 
TO WITHHOLD OR DENY TRAVEL NECESSARY DOCUMENTS FROM APPLICANT 
WORKERS BEFORE DEPARTURE EMPLOYMENT FOR MONETARY OR FINANCIAL 
CONSIDERATIONS, OR FOR ANY OTHER REASONS, OTHER THAN THOSE 
AUTHORIZED UNDER THE LABOR THIS CODE AND ITS IMPLEMENTING RULES 
AND REGULATIONS; 
(l) 
FAILURE TO ACTUALLY DEPLOY ASSIGN OR DEPLOY A CONTRACTED 
WORKERS WITHOUT VALID REASON AS DETERMINED BY THE DOLE OR THE 


DMW;  
(m) 
FAILURE TO REIMBURSE EXPENSES INCURRED BY THE WORKER IN 
CONNECTION WITH 
THEIR DOCUMENTATION AND PROCESSING FOR 
PURPOSES OF DEPLOYMENT, IN CASES WHERE THE DEPLOYMENT DOES NOT 
ACTUALLY 
TAKE 
PLACE 
WITHOUT 
THE 
WORKER'S 
FAULT. 
ILLEGAL 
RECRUITMENT WHEN COMMITTED BY A SYNDICATE OR IN LARGE SCALE 
SHALL BE CONSIDERED AN OFFENSE INVOLVING ECONOMIC SABOTAGE; AND 
(n) 
TO ALLOW A NON-FILIPINO CITIZENS TO HEAD OR MANAGE A LICENSED 
RECRUITMENT AGENCY AGENCIES. 
 
ILLEGAL RECRUITMENT IS DEEMED COMMITTED BY A SYNDICATE IF CARRIED OUT 
BY A GROUP OF THREE (3) OR MORE PERSONS CONSPIRING OR CONFEDERATING 
WITH ONE ANOTHER. IT IS DEEMED COMMITTED IN LARGE SCALE IF COMMITTED 
AGAINST THREE (3) OR MORE PERSONS INDIVIDUALLY OR AS A GROUP. 
 
IN ADDITION TO THE ACTS ENUMERATED ABOVE, IT SHALL ALSO BE UNLAWFUL FOR 
PERSONS OR ENTITIES TO COMMIT THE FOLLOWING PROHIBITED ACTS: 
 
(1) 
GRANT A LOAN TO AN OVERSEAS WORKERS WITH INTEREST EXCEEDING 
EIGHT PERCENT (8%) PER ANNUM, WHICH WILL BE USED FOR PAYMENT OF 
LEGAL AND ALLOWABLE PLACEMENT FEES AND OR MAKE THE WORKERS 
ISSUE, 
EITHER 
PERSONALLY 
OR 
THROUGH 
A 
GUARANTORS 
OR 
ACCOMMODATION PARTY PARTIES, POSTDATED CHECKS IN RELATION TO THE 
SAID LOAN; 
(2) 
IMPOSE A COMPULSORY AND EXCLUSIVE ARRANGEMENT WHEREBY A 
WORKERS IS ARE REQUIRED TO AVAIL OF A LOAN ONLY FROM SPECIFICALLY 
DESIGNATED INSTITUTIONS, ENTITIES OR PERSONS; 
(3) 
REFUSE TO CONDONE OR RENEGOTIATE A LOAN INCURRED BY A WORKERS 
AFTER THE LATTER'S EMPLOYMENT CONTRACT HAS BEEN PREMATURELY 
TERMINATED THROUGH NO FAULT OF HIS OR HER THEIR OWN; 
(4) 
IMPOSE A COMPULSORY AND EXCLUSIVE ARRANGEMENT WHEREBY AN 
OVERSEAS FILIPINO WORKERS IS ARE REQUIRED TO UNDERGO HEALTH 
EXAMINATIONS ONLY FROM SPECIFICALLY DESIGNATED MEDICAL CLINICS, 
INSTITUTIONS, ENTITIES OR PERSONS, EXCEPT IN THE CASE OF A SEAFARERS 
WHOSE MEDICAL EXAMINATION COSTS IS ARE SHOULDERED BY THE 
PRINCIPAL/SHIPOWNER; 
(5) 
IMPOSE A COMPULSORY AND EXCLUSIVE ARRANGEMENT WHEREBY AN 
OVERSEAS FILIPINO WORKERS IS ARE REQUIRED TO UNDERGO TRAINING, 
SEMINAR, INSTRUCTION OR SCHOOLING OF ANY KIND ONLY FROM 
SPECIFICALLY DESIGNATED INSTITUTIONS, ENTITIES OR PERSONS, EXCEPT 
FOR 
RECOMMENDATORY 
TRAININGS 
MANDATED 
BY 
PRINCIPALS/SHIPOWNERS WHERE THE LATTER SHOULDER THE COST OF 
SUCH TRAININGS; 
(6) 
FOR A SUSPENDED RECRUITMENT AGENCY AGENCIES TO ENGAGE IN ANY 
KIND OF RECRUITMENT ACTIVITY INCLUDING THE PROCESSING OF PENDING 
WORKERS' APPLICATIONS; AND 
(7) 
FOR 
A 
RECRUITMENT 
AGENCY 
AGENCIES 
OR 
A 
FOREIGN 
PRINCIPAL/EMPLOYER PRINCIPALS/EMPLOYERS TO PASS ON THE OVERSEAS 
FILIPINO WORKERS OR DEDUCT FROM HIS OR HER THEIR SALARY THE 
PAYMENT OF THE COST OF INSURANCE FEES, PREMIUM OR OTHER 
INSURANCE RELATED CHARGES, AS PROVIDED UNDER THE COMPULSORY 
WORKER'S INSURANCE COVERAGE. 
 
THE PERSONS CRIMINALLY LIABLE FOR THE ABOVE OFFENSES ARE THE 
PRINCIPALS, ACCOMPLICES AND ACCESSORIES. IN CASE OF JURIDICAL PERSONS, 


THE OFFICERS HAVING OWNERSHIP, CONTROL, MANAGEMENT OR DIRECTION OF 
THEIR BUSINESS WHO ARE RESPONSIBLE FOR THE COMMISSION OF THE OFFENSE 
AND THE RESPONSIBLE EMPLOYEES/AGENTS SHALL BE LIABLE. 
 
IN THE FILING OF CASES FOR ILLEGAL RECRUITMENT OR ANY OF THE PROHIBITED 
ACTS UNDER THIS ARTICLE, THE SECRETARY OF LABOR AND EMPLOYMENT SOLE, 
SECRETARY OF DMW, THE POEA ADMINISTRATOR OR THEIR AUTHORIZED 
REPRESENTATIVES, 
OR 
ANY 
AGGRIEVED 
PERSON 
MAY 
INITIATE 
THE 
CORRESPONDING CRIMINAL ACTION WITH THE APPROPRIATE OFFICE. FOR THIS 
PURPOSE, THE AFFIDAVITS AND TESTIMONIES OF OPERATIVES OR PERSONNEL 
FROM THE DEPARTMENT OF LABOR AND EMPLOYMENT, POEA DOLE, DMW, AND 
OTHER LAW ENFORCEMENT AGENCIES WHO WITNESSED THE ACTS CONSTITUTING 
THE OFFENSE SHALL BE SUFFICIENT TO PROSECUTE THE ACCUSED. 
 
IN THE PROSECUTION OF OFFENSES PUNISHABLE UNDER THIS ARTICLE SECTION, 
THE 
PUBLIC 
PROSECUTORS 
OF 
THE 
DEPARTMENT OF 
JUSTICE 
SHALL 
COLLABORATE WITH THE ANTI-ILLEGAL RECRUITMENT BRANCH OF THE POEA DOLE 
OR DMW, AND, IN CERTAIN CASES, ALLOW THE POEA LAWYERS TO TAKE THE LEAD 
IN THE PROSECUTION. THE POEA LAWYERS WHO ACT AS PROSECUTORS IN SUCH 
CASES SHALL BE ENTITLED TO RECEIVE ADDITIONAL ALLOWANCES AS MAY BE 
DETERMINED BY THE POEA ADMINISTRATOR.. 
 
THE FILING OF AN OFFENSE PUNISHABLE UNDER THIS ACT CODE SHALL BE 
WITHOUT PREJUDICE TO THE FILING OF CASES PUNISHABLE UNDER OTHER 
EXISTING LAWS, RULES OR REGULATIONS. (38a) 
 
Art. 29. Penalties. 
(a) 
PERSONS 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 TWO MILLION PESOS (P2,000,000.00) NOR MORE THAN TWO FOUR 
MILLION PESOS (P4,000,000.00).  
(b) 
WHERE THE PERSON ILLEGALLY RECRUITED IS LESS THAN EIGHTEEN (18) 
YEARS OF AGE OR COMMITTED BY A NON-LICENSEE OR NON-HOLDER OF 
AUTHORITY, THE MAXIMUM PENALTY SHALL BE IMPOSED. 
(c) 
THE PENALTY OF LIFE IMPRISONMENT AND A FINE OF NOT LESS THAN TWO 
FIVE MILLION PESOS (P5,000,000.00) NOR MORE THAN FIVE TEN MILLION 
PESOS (P10,000,000.00) SHALL BE IMPOSED IF ILLEGAL RECRUITMENT 
CONSTITUTES ECONOMIC SABOTAGE AS DEFINED IN ARTICLE 28. 
(d) 
PERSONS 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 ONE MILLION PESOS (P1,000,000.00) 
NOR MORE THAN ONE TWO MILLION PESOS (P2,000,000.00). 
(e) 
IF THE OFFENDERS IS ARE ALIENS FOREIGN NATIONALS, THEY SHALL, IN 
ADDITION TO THE PENALTIES PRESCRIBED HERE, BE DEPORTED WITHOUT 
FURTHER PROCEEDINGS. 
(f) 
If the offenderS is ARE a corporationS, partnershipS, associationS or entity ENTITIES, 
the penalty shall be imposed upon the officer or officers of the corporationS, 
partnershipS, associationS or entity ENTITIES responsible for THE violation; and if such 
officer is an alien, he shall, in addition to the penalties herein prescribed, be deported 
without further proceedings. 
In every case, conviction shall cause and carry the automatic revocation of the license or 
authority and all the permits and privileges granted to such person or entity under this Title, 
and the forfeiture of the cash and surety bonds in favor of the Overseas Employment 


Development Board or the National Seamen Board, as the case may be, BUREAU OF LOCAL 
EMPLOYMENT both of which are authorized to use the same AS A SPECIAL FUND TO BE 
USED exclusively to promote their objectives FOR THE AMELIORATION AND BENEFIT OF 
WORKERS. (39a) 
 
CHAPTER V 
OVERSEAS EMPLOYMENT 
 
ART. 30. CREATION OF LOCAL EMPLOYMENT OPPORTUNITIES. WHILE RECOGNIZING 
THE SIGNIFICANT CONTRIBUTION OF FILIPINO MIGRANT WORKERS TO THE 
NATIONAL ECONOMY THROUGH THEIR FOREIGN EXCHANGE REMITTANCES, THE 
STATE DOES NOT PROMOTE OVERSEAS EMPLOYMENT AS A MEANS TO SUSTAIN 
ECONOMIC GROWTH AND ACHIEVE NATIONAL DEVELOPMENT, RECOGNIZING 
HOWEVER THE SIGNIFICANT CONTRIBUTION OF THE MIGRANT WORKERS TO THE 
NATIONAL ECONOMY, THE STATE SHALL PROVIDE AN THE EXISTENCE OF THE 
OVERSEAS EMPLOYMENT PROGRAM RESTS SOLELY ON THE ASSURANCE TO 
INSURE THAT THE DIGNITY AND FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS OF 
THE FILIPINO CITIZENS SHALL NOT, AT ANY TIME, BE COMPROMISED OR VIOLATED. 
THE STATE, THEREFORE, SHALL CONTINUOUSLY CREATE LOCAL EMPLOYMENT 
OPPORTUNITIES AND PROMOTE THE EQUITABLE DISTRIBUTION OF WEALTH AND 
THE BENEFITS OF DEVELOPMENT. (new) 
 
ART. 31. TERMINATION OR BAN ON DEPLOYMENT. NOTWITHSTANDING THE 
PROVISIONS OF SECTIONS 1 AND 5 OF THIS RULE, IN PURSUIT OF THE NATIONAL 
INTEREST OR WHEN PUBLIC WELFARE SO REQUIRES, THE  POEA GOVERNING 
BOARD DMW, AFTER CONSULTATION WITH THE DFA DEPARTMENT OF FOREIGN 
AFFAIRS, MAY, AT ANY TIME, TERMINATE OR IMPOSE A BAN ON THE DEPLOYMENT 
OF MIGRANT WORKERS. (new) 
 
Art. 32. Ban on Direct-Hiring. No employer may hire a Filipino workerS for overseas 
employment through direct hiring except through the Boards and entities authorized by the 
Secretary of Labor. BY THE FOLLOWING ENTITIES: Direct-hiring by members of the 
diplomatic corps, international organizations and such other employers as may be allowed by 
the Secretary of Labor is exempted from this provision. 
 
(1) 
MEMBERS OF THE DIPLOMATIC CORPS;  
(2) 
MEMBERS OF INTERNATIONAL ORGANIZATIONS; and  
(3) 
HEADS OF STATE AND GOVERNMENT OFFICIALS WITH THE RANK OF AT LEAST 
UNDERSECRETARY. 
 
THE TERM “INTERNATIONAL ORGANIZATION” IS AN ORGANIZATION SET UP BY 
AGREEMENT BETWEEN TWO OR MORE STATES, INCLUDING A SPECIALIZED 
AGENCY HAVING FUNCTIONS IN PARTICULAR FIELDS. IT MAY ALSO INCLUDE AN 
ORGANIZATION HAVING AN INTERNATIONAL CHARACTER AND PURPOSE, WHICH IS 
GRANTED THE STATUS, PREROGATIVES, PRIVILEGES AND IMMUNITIES OF AN 
INTERNATIONAL ORGANIZATION. (18a) 
 
ART. 33. APPLICABILITY OF MIGRANT WORKERS ACT. ALL OTHER PROVISIONS OF 
REPUBLIC ACT NO. 8042, AS AMENDED, AND RULES AND REGULATIONS NOT 
INCONSISTENT HEREWITH ARE DEEMED ADOPTED. (new) 
 
 
 
 
 


Chapter VI 
EMPLOYMENT OF NON-RESIDENT ALIENS FOREIGN NATIONALS 
 
Art. 34. Employment Permit of Non-Resident aliens FOREIGN NATIONALS. Any alien 
NON-RESIDENT FOREIGN NATIONALS seeking admission to EMPLOYMENT IN the 
Philippines and any domestic or foreign employerS who desires DESIRE to engage an alien 
A FOREIGN NATIONALS for employment in the Philippines shall obtain an employment 
permit from the DOLE. 
 
The AN employment permit may be issued to a non-resident alien FOREIGN NATIONAL or 
to the applicant employer after a determination of the non-availability of a person in the 
Philippines who is competent, able, QUALIFIED and willing at the time of application to 
perform the services for which the alien NON-RESIDENT FOREIGN NATIONAL is desired. 
 
THE SOLE IS AUTHORIZED TO GRANT EXEMPTIONS FROM THE LABOR MARKET TEST 
TO FOREIGN NATIONALS AS PROVIDED FOR UNDER EXISTING LAWS AND 
AGREEMENTS, AS WELL AS IN INDUSTRIES OR OCCUPATIONS OR PRACTICE OF 
PROFESSIONS WHERE THERE IS SHORT SUPPLY SUBJECT TO TRIPARTITE 
CONSULTATIONS. 
 
For an enterpriseS 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. (40a) 
 
ART. 35. VALIDITY OF FOREIGN NATIONAL EMPLOYMENT PERMIT (FNEP). THE FNEP 
SHALL BE VALID FOR THE POSITION AND COMPANY FOR WHICH IT WAS ISSUED FOR 
A PERIOD OF ONE (1) YEAR, UNLESS THE EMPLOYMENT CONTRACT, OR OTHER 
MODES OF ENGAGEMENT PROVIDES OTHERWISE, WHICH IN NO CASE SHALL 
EXCEED THREE (3) YEARS. 
 
A FOREIGN NATIONAL EMPLOYMENT PERMIT IS ONE ISSUED TO A NON-RESIDENT 
FOREIGN NATIONAL OR TO AN APPLICANT EMPLOYER AFTER A DETERMINATION OF 
THE NON-AVAILABILITY OF A PERSON QUALIFIED AND WILLING AT THE TIME OF 
APPLICATION TO PERFORM THE SERVICES FOR WHICH THE NON-RESIDENT 
FOREIGN NATIONAL IS DESIRED. (new) 
 
ART. 36. RENEWAL OF FNEP. AN APPLICATION FOR RENEWAL OF FNEP SHALL BE 
FILED NOT EARLIER THAN SIXTY (60) DAYS BEFORE ITS EXPIRATION. IN CASE THE 
FOREIGN NATIONAL NEEDS TO LEAVE THE COUNTRY OR IN OTHER SIMILAR 
CIRCUMSTANCES THAT WILL HINDER THE FILING OF RENEWAL WITHIN THIS 
PRESCRIBED PERIOD, THE APPLICATION MAY BE FILED EARLIER. (new) 
 
ART. 37.  DENIAL OF APPLICATION. AN APPLICATION FOR FNEP SHALL BE DENIED 
BY THE DOLE BASED ON ANY OF THE FOLLOWING GROUNDS: 
(a) 
MISREPRESENTATION 
OF 
FACTS 
IN 
THE 
APPLICATION 
INCLUDING 
FRAUDULENT MISREPRESENTATION I.E. FALSE STATEMENT THAT HAS A 
NEGATIVE EFFECT IN THE EVALUATION OF THE APPLICATION MADE 
KNOWINGLY, OR WITHOUT BELIEF IN ITS TRUTH, OR RECKLESSLY WHETHER 
IT IS TRUE OR FALSE; 
(b) 
SUBMISSION OF FALSIFIED DOCUMENTS; 
(c) 
CONVICTION OF THE FOREIGN NATIONAL OF A CRIMINAL OFFENSE OR THE 
FOREIGN NATIONAL IS A FUGITIVE FROM JUSTICE IN THE PHILIPPINES OR 
ABROAD; 
(d) 
ILL TREATMENT OF WORKERS; 


(e) 
AVAILABILITY OF A PERSON IN THE PHILIPPINES WHO IS QUALIFIED AND 
WILLING TO DO THE JOB INTENDED FOR OR BEING PERFORMED BY THE 
FOREIGN NATIONAL BASED ON DATA IN THE PUBLIC EMPLOYMENT 
INFORMATION SYSTEM (PEIS), PROFESSIONAL REGULATION COMMISSION 
(PRC) REGISTRY OF PROFESSIONALS, AND TESDA REGISTRY OF CERTIFIED 
WORKERS;  
(f) 
THE FOREIGN NATIONAL HAS WORKED WITHOUT FNEP FOR MORE THAN A 
YEAR; OR 
(g) 
APPLICATION FOR RENEWAL WITH EXPIRED VISA OR WITH TEMPORARY 
VISITOR’S VISA. 
 
NO FNEP SHALL BE ISSUED TO A FOREIGN NATIONAL CONSIDERED AN 
UNDESIRABLE ALIEN UNDER COMMONWEALTH ACT NO. 613 (THE PHILIPPINE 
IMMIGRATION ACT OF 1940). 
 
THE REGIONAL DIRECTOR SHALL ISSUE AN ORDER DENYING THE APPLICATION FOR 
NEW OR RENEWAL OF FNEP WHICH SHALL HAVE THE EFFECT OF FORFEITURE OF 
THE FEES PAID BY THE APPLICANT. (new) 
 
ART. 38. CANCELLATION/REVOCATION OF FNEP. AN FNEP MAY BE CANCELLED OR 
REVOKED UPON ANY OF THE FOLLOWING GROUNDS: 
 
(a) 
NON-COMPLIANCE WITH ANY OF THE REQUIREMENTS OR CONDITIONS FOR 
WHICH THE FNEP WAS ISSUED; 
(b) 
MISREPRESENTATION 
OF 
FACTS 
IN 
THE 
APPLICATION 
INCLUDING 
FRAUDULENT MISREPRESENTATION I.E. FALSE STATEMENT THAT HAS A 
NEGATIVE EFFECT IN THE EVALUATION OF THE APPLICATION MADE 
KNOWINGLY, OR WITHOUT BELIEF IN ITS TRUTH, OR RECKLESSLY WHETHER 
IT IS TRUE OR FALSE; 
(c) 
SUBMISSION OF FALSIFIED DOCUMENTS; 
(d) 
MERITORIOUS OBJECTION OR INFORMATION AGAINST THE EMPLOYMENT OF 
THE FOREIGN NATIONAL; 
(e) 
CONVICTION OF THE FOREIGN NATIONAL OF A CRIMINAL OFFENSE OR THE 
FOREIGN NATIONAL IS A FUGITIVE FROM JUSTICE IN THE PHILIPPINES OR 
ABROAD; 
(f) 
EMPLOYER TERMINATED THE EMPLOYMENT OF THE FOREIGN NATIONAL; AND 
(g) 
ILL TREATMENT OF WORKERS. 
 
AN FNEP ISSUED TO A FOREIGN NATIONAL WHO SUBSEQUENTLY BECOMES AN 
UNDESIRABLE ALIEN UNDER COMMONWEALTH ACT NO. 613 SHALL BE CANCELLED 
OR REVOKED. 
 
IN ANY CASE UNDER THIS ARTICLE, THE REGIONAL DIRECTOR SHALL ISSUE AN 
ORDER CANCELLING OR REVOKING THE FNEP. (new) 
 
ART. 39.  EXEMPTION FROM EMPLOYMENT PERMIT. THE FOLLOWING CATEGORIES 
OF FOREIGN NATIONALS ARE EXEMPT FROM SECURING AN FNEP: 
 
(a) 
ALL MEMBERS OF THE DIPLOMATIC SERVICE AND FOREIGN GOVERNMENT 
OFFICIALS ACCREDITED BY AND WITH RECIPROCITY ARRANGEMENT WITH 
THE PHILIPPINE GOVERNMENT; 
(b) 
OFFICERS AND STAFF OF INTERNATIONAL ORGANIZATIONS OF WHICH THE 
PHILIPPINE GOVERNMENT IS A MEMBER; 
(c) 
ALL FOREIGNERS GRANTED EXEMPTION BY LAW; 
(d) 
OWNERS AND REPRESENTATIVES OF FOREIGN PRINCIPALS WHOSE 


COMPANIES ARE ACCREDITED BY THE DMW, WHO COME TO THE PHILIPPINES 
FOR A LIMITED PERIOD AND SOLELY FOR THE PURPOSE OF INTERVIEWING 
FILIPINO APPLICANTS FOR EMPLOYMENT ABROAD. 
 
FOREIGN NATIONALS WHO COME TO THE PHILIPPINES TO TEACH, PRESENT OR 
CONDUCT RESEARCH STUDIES IN UNIVERSITIES AND COLLEGES AS VISITING, 
EXCHANGE OR ADJUNCT PROFESSORS UNDER FORMAL AGREEMENTS BETWEEN 
THE UNIVERSITIES OR COLLEGES IN THE PHILIPPINES AND FOREIGN UNIVERSITIES 
OR COLLEGES; OR BETWEEN THE PHILIPPINE GOVERNMENT AND FOREIGN 
GOVERNMENT; PROVIDED, THAT THE EXEMPTION IS ON A RECIPROCAL BASIS. (new) 
 
ART. 40. EXCLUSION FROM EMPLOYMENT PERMIT. THE FOLLOWING CATEGORIES 
OF FOREIGN NATIONALS ARE EXCLUDED FROM SECURING AN EMPLOYMENT 
PERMIT: 
 
(a) 
MEMBERS OF THE GOVERNING BOARD WITH VOTING RIGHTS ONLY WHO DO 
NOT INTERVENE IN THE MANAGEMENT OF THE CORPORATION OR IN THE DAY-
TO-DAY OPERATION OF THE ENTERPRISE. 
(b) 
PRESIDENT AND TREASURER, WHO ARE PART OWNERS OF THE COMPANY. 
(c) 
THOSE PROVIDING CONSULTANCY SERVICES WHO DO NOT HAVE EMPLOYERS 
IN THE PHILIPPINES. 
 
INTRA-CORPORATE TRANSFEREES WHO ARE MANAGERS, EXECUTIVES, OR 
SPECIALISTS AS DEFINED IN ACCORDANCE TO TRADE AGREEMENTS AND 
EMPLOYEES OF FOREIGN SERVICE SUPPLIERS FOR AT LEAST ONE (1) YEAR OF 
CONTINUOUS EMPLOYMENT PRIOR TO DEPLOYMENT TO A BRANCH, SUBSIDIARY, 
AFFILIATE OR REPRESENTATIVE OFFICE IN THE PHILIPPINES. (new) 
 
Art. 41. Prohibition against Transfer of Employment. 
(a) 
After the issuance of an employment permit, the alien NON-RESIDENT FOREIGN 
NATIONALS shall not transfer to another job or change his THEIR employer without 
prior approval of the Secretary of Labor SOLE. 
(b) 
Any Non-resident alien FOREIGN NATIONALS 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. 
WITH A FINE of NOT LESS THAN FIFTY THOUSAND PESOS (P50,000.00) NOR 
MORE THAN ONE HUNDRED THOUSAND PESOS (P100,000.00),  OR 
IMPRISONMENT OF NOT LESS THAN SIX (6) MONTHS NOR MORE THAN SIX (6) 
YEARS OR BOTH SUCH FINE AND IMPRISONMENT AT THE DISCRETION OF THE 
COURT.  
 
In addition, the alien NON-RESIDENT FOREIGN NATIONALS shall be subject to deportation 
after service of  his THEIR sentence.  
 
THE SOLE IS AUTHORIZED TO IMPOSE A FINE OF FIFTY THOUSAND PESOS 
(P50,000.00) FOR EVERY YEAR OR FRACTION TO BOTH THE NON-RESIDENT 
FOREIGN NATIONAL FOUND WORKING WITHOUT VALID EMPLOYMENT PERMIT AND 
THE EMPLOYER. (41a) 
 
Art. 42. Submission of List. Any Employers 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 REGIONAL DIRECTOR OF THE DOLE WHICH HAS 
JURISDICTION OVER THE EMPLOYER NOT LATER THAN THE 15TH DAY OF JANUARY 
EVERY YEAR 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. (42a) 
 
Chapter VII 
MISCELLANEOUS PROVISIONS 
 
Art. 43. Suspension and/or Cancellation of License or Authority. The Minister of Labor  
DOLE OR DMW shall have the power to suspend or cancel any license or authority to recruit 
employees for LOCAL OR overseas employment for violation of rules and regulations issued 
by the Ministry of Labor, the Overseas Employment Development Board DOLE OR DMW AND 
ATTACHED AGENCIES, or for violation of the provisions of this CODE and other applicable 
laws, General Orders and Letters of Instruction RULES AND REGULATIONS. (35a) 
 
Art. 44. Regulatory Power. The Secretary of Labor SOLE OR DMW SECRETARY, AS THE 
CASE MAY BE, shall have the power to restrict and regulate the recruitment and placement 
activities of all agencies within the coverage of this Title and is hereby authorized to issue 
orders and promulgate rules and regulations to carry out the objectives and implement the 
provisions of this Title. (36a) 
 
Art. 45. Visitorial Power. The Secretary of Labor SOLE or DMW SECRETARY, AS THE 
CASE MAY BE, ORhis THEIR duly authorized representatives may, at any time, inspect the 
premises, books of accounts and records of any person or entity covered by this Title, require 
it to submit reports regularly on prescribed forms, and act on violation of any provisions of this 
Title. (37a) 
 
BOOK TWO 
HUMAN RESOURCES DEVELOPMENT PROGRAM 
 
Title I 
TRAINING AND EMPLOYMENT DEVELOPMENT OF SPECIAL WORKERS 
 
Chapter I 
APPRENTICES 
 
Art. 46. Statement of Objectives. This Title aims: 
(1) 
To help meet the demand of the economy for trained manpower WORKFORCE; 
(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. (57) 
 
Art. 47. Definition of Terms. As used in this Title: 
(a) 
"Apprenticeship" means practical training on the job supplemented by related theoretical 
instruction.  
(b) 
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. 
(c) 
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. 
(d) 
"Apprenticeship agreement" is an employment contract wherein the employers bind 
themselves to train the apprentice and the apprentice in turn accepts the terms of 
training. (58) 
 
Art. 48. Qualifications of Apprentice. To qualify as an apprentice, a person shall: 
(a) 
Be at least fourteen (14) FIFTEEN (15) 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 SOLE appropriate 
educational requirements for different occupations. (59a) 
 
Art. 49. 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 TRIPARTITE INDUSTRIAL PEACE COUNCIL (TIPC). (60a) 
 
Art. 50. 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 SOLE. The period of apprenticeship shall not exceed six (6) months. 
Apprenticeship agreements providing for wage rates below the legal minimum wage, which in 
no case shall start below SEVENTY-FIVE percent (75%) of the applicable minimum wage, 
may be entered into only in accordance with apprenticeship programs duly approved by the 
Secretary of Labor and Employment SOLE. The Department shall develop standard model 
programs of apprenticeship. (61a) 
 
Art. 51. Signing of Apprenticeship Agreement. Every apprenticeship agreement shall be 
signed by the employerS or THEIR agentS, or by an THE authorized representativeS of any 
of the recognized organizations, associations or groups and by the apprenticeS. 
 
An Apprenticeship agreementS with a minorS shall be signed in his THEIR behalf by his 
THEIR parentS or guardianS, OR if the latter is ARE not available, by an authorized 
representative of the Department of LaborDOLE, 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 shall be furnished both the 
employerS and the apprenticeS. (62a) 
 
Art. 52. Venue of Apprenticeship Programs. Any FirmS, employerS, groupS or 
associationS, industry organizationS or civic groupS 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 EmploymentDOLE 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. (63) 
 
Art. 53. Sponsoring of Apprenticeship Program. Any of the apprenticeship schemes 
recognized herein may be undertaken or sponsored by a single employerS or firmS or by a 
groupS or associationS thereof or by a civic organizationS. 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 DOLE training center or other public training 
institution. (64a) 
 


Art. 54. 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 DOLE 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 SOLE. (65a) 
 
Art. 55. Appeal to the Secretary of Labor and Employment. The decision of the authorized 
agency of the Department of Labor and EmploymentDOLE may be appealed by any aggrieved 
person to the Secretary of Labor and Employment SOLE within five (5) days from receipt of 
the decision. The decision of the Secretary of Labor and Employment SOLE shall be final and 
executory. (66a) 
 
Art. 56. 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 they have exhausted all available administrative remedies. (67) 
 
Art. 57. 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 DOLE shall perform the service free of charge. (68) 
 
Art. 58. Responsibility for Theoretical Instruction. Supplementary theoretical instruction to 
apprentices in cases where the program is undertaken in the plant may be done by the 
employerS. If the latter is ARE not prepared to assume the responsibility, the same may be 
delegated to an appropriate government agency. (69a) 
 
Art. 59. 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 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 SOLE. 
Appropriate rules in this connection shall be promulgated by the Secretary of Labor and 
Employment SOLE 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. (70a) 
 
Art. 60. 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 DOLE: Provided, further, That such deduction shall not exceed ten 
(10%) percent of direct labor wage: and Provided, finally, That the personS or enterpriseS 
who wishes to avail himself or itself THEMSELVES of this incentive should pay his THEIR 
apprentices the minimum wage. (71a) 
 
Art. 61. Apprentices without Compensation. The Secretary of Labor and Employment 
SOLE 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. (72) 
 
 


BOOK THREE 
CONDITIONS OF EMPLOYMENT 
 
Title I 
WORKING CONDITIONS AND REST PERIODS CONDITIONS 
 
Chapter I 
HOURS OF WORK 
 
Art. 62. Coverage. The provisions of this Title shall apply to employees, FULL-TIME OR 
PART-TIME, in all establishments and undertakings whether for profit or not, but not to 
government employees, managerial employees, field personnel, members of the family of the 
employer who are dependent on him for support, domestic helpers WORKERS, AND persons 
in the personal service of another, and workers who are paid by results as determined by the 
Secretary of Labor in appropriate regulations. 
 
As used herein, “managerial employees” refer to those whose primary duty consists of the 
management of the establishment in which they are employed or of a department or 
subdivision thereof, and to other officers or members of the managerial staff. 
 
“Field personnel” shall refer to non-agricultural employees who regularly perform their duties 
away from the principal place of business or branch office of the employer and whose actual 
hours of work in the field cannot be determined with reasonable certainty. 
 
A “NON-GOVERNMENTAL ORGANIZATION,” COMMONLY REFERRED TO AS AN NGO, 
IS A REGISTERED NONPROFIT AND NON-STOCK ORGANIZATION, ORGANIZED ON A 
LOCAL, NATIONAL OR INTERNATIONAL LEVEL, THAT FUNCTIONS INDEPENDENTLY 
OF GOVERNMENT TO PROMOTE PARTICULAR CAUSES OR ADVOCACIES, INCLUDING 
A RELIGIOUS, CHARITABLE, MEDICAL OR EDUCATIONAL ORGANIZATION THAT IS 
NOT OPERATING FOR PROFIT. (82a) 
 
ART. 63. PART-TIME WORKERS.  
(a) 
PART-TIME WORKERS ARE THOSE WHO ARE ENGAGED IN A SINGLE, REGULAR 
OR 
VOLUNTARY 
FORM 
OF 
EMPLOYMENT 
WITH 
HOURS 
OF 
WORK 
SUBSTANTIALLY SHORTER THAN THOSE CONSIDERED AS NORMAL IN THE 
ESTABLISHMENT. 
(b) 
THE NORMAL HOURS OF WORK REFERRED TO IN SUBPARAGRAPH (A) MAY BE 
CALCULATED WEEKLY OR ON AVERAGE OVER A GIVEN PERIOD OF 
EMPLOYMENT; 
(c) 
THE TERM COMPARABLE FULL-TIME WORKERS REFERS TO FULL-TIME 
WORKERS WHO:  
(i) 
HAVE THE SAME TYPE OF EMPLOYMENT RELATIONSHIP; 
(ii) 
ARE ENGAGED IN THE SAME OR A SIMILAR TYPE OF WORK OR 
OCCUPATION; AND 
(iii) 
ARE EMPLOYED IN THE SAME ESTABLISHMENT OR, WHEN THERE IS NO 
COMPARABLE FULL-TIME WORKER IN THAT ESTABLISHMENT, IN THE 
SAME ENTERPRISE OR, WHEN THERE IS NO COMPARABLE FULL-TIME 
WORKER IN THAT ENTERPRISE, IN THE SAME BRANCH OF ACTIVITY. 
(d) 
THIS DEFINITION EXCLUDES CERTAIN FORMS OF EMPLOYMENT WHICH 
ALTHOUGH REFERRED TO AS PART-TIME WORK, ARE IN PARTICULAR, 
INTERMITTENT EMPLOYMENT, OR CASES WHERE HOURS OF WORK HAVE BEEN 
TEMPORARILY REDUCED FOR ECONOMIC, TECHNICAL OR STRUCTURAL 
REASONS. 
 


PART-TIME WORK MAY TAKE DIFFERENT FORMS DEPENDING ON THE AGREED 
HOURS OF WORK IN A DAY, THE DAYS OF WORK IN A WEEK OR OTHER REFERENCE 
PERIODS. IN THE PHILIPPINES, HOWEVER, THE TWO MOST COMMON AND 
ACCEPTABLE FORMS ARE FOUR (4) HOURS WORK PER DAY AND WEEKEND WORK 
OR TWO (2) FULL DAYS PER WEEK. (new) 
 
Art. 64. Normal Hours of Work. The normal hours of work of any employeeS shall not exceed 
eight (8) hours a day.  
 
Health personnel in cities and municipalities with a population of at least one million 
(1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall 
hold regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time 
for meals, except where the exigencies of the service require that such personnel work for six 
(6) days or forty-eight (48) hours, in which case, they shall be entitled to an additional 
compensation of at least thirty percent (30%) of their regular wage for work on the sixth day. 
For purposes of this Article, “health personnel” shall include resident physicians, nurses, 
nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical 
technicians, psychologists, BIRTH attendants, HEALTH CARE PROVIDERS and all other 
hospital, or clinic OR HEALTH CENTER personnel. (83a) 
 
Art. 65. Hours Worked. Hours worked shall include (a) all time during which an employeeS 
is ARE required to be on duty or to be at a prescribed workplace; and (b) all time during which 
an employeeS is ARE suffered or permitted to work. 
 
Rest periods of short duration during working hours OR COFFEE BREAKS OF FROM FIVE 
(5) TO TWENTY (20) MINUTES shall be counted as hours worked. (84a) 
 
Art. 66. Meal Periods. BREAK TIME. Subject to such regulations as the Secretary of Labor 
may prescribe, it shall be the duty of every employer to give his employees EMPLOYERS 
SHALL GIVE EVERY EMPLOYEE not less than sixty (60) minutes BREAK time-off for their 
regular meals. (85a) 
 
Art. 67. Night-Shift Differential.  Every EmployeeS shall be paid a night shift differential of 
not less than ten percent (10%) of his THEIR regular wage for each hour of work performed 
between ten o’clock in the evening and six o’clock in the morning. (86a) 
 
Art. 68. Overtime Work.  Work may be performed beyond eight (8) hours a day provided that 
the employeeS is ARE paid for the overtime work, an additional compensation equivalent to 
his THEIR regular wage plus at least twenty-five percent (25%) thereof. Work performed 
beyond eight (8) hours on a holiday or rest day shall be paid an additional compensation 
equivalent to the rate of the first eight (8) hours on a holiday or rest day plus at least thirty 
percent (30%) thereof. (87a) 
 
Art. 69. 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 employeeS to go on 
leave on some other day of the week shall not exempt the employerS from paying the 
additional compensation required in this Chapter. (88a) 
 
Art. 70. Emergency Overtime Work. Any EmployeeS may be required by the employerS to 
perform overtime work in any of the following cases: 
(a) 
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 CONGRESS OR THE 
PRESIDENT OR THE LOCAL CHIEF EXECUTIVE; 


(b) 
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; 
(c) 
When there is urgent work to be performed on machines, installations, or equipment, in 
order to avoid serious loss or damage to the employer or some other cause of similar 
nature; 
(d) 
When the work is necessary to prevent loss or damage to perishable goods; and  
(e) 
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.; AND 
(f) 
WHEN OVERTIME WORK IS NECESSARY TO AVAIL OF FAVORABLE WEATHER 
OR ENVIRONMENTAL CONDITIONS WHERE PERFORMANCE OR QUALITY OF 
WORK IS DEPENDENT THEREON. 
 
PREGNANT OR NURSING WOMEN SHOULD NOT BE OBLIGED TO RENDER OVERTIME 
WORK IF A MEDICAL CERTIFICATE DECLARES SUCH WORK TO BE INCOMPATIBLE 
WITH THEIR PREGNANCY OR NURSING. 
 
Any eEmployeeS required to render overtime work under this Article shall be paid the 
additional compensation required in this Chapter. (89a) 
 
Art. 71. 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. (90) 
 
Chapter II 
WEEKLY REST PERIODS 
 
Art. 72. Right to Weekly Rest Day. 
(a) 
It shall be the duty of every employerS, whether operating for profit or not, to provide 
each of his THEIR employees a rest period of not less than twenty-four (24) consecutive 
hours ONE DAY after every six (6) consecutive normal work days. 
(b) 
The employerS shall determine and schedule the weekly rest day of his THEIR 
employees subject to collective bargaining agreement OR, IN ITS ABSENCE, to such 
rules and regulations as the Secretary of Labor and Employment SOLE may provide.  
 
However, the EmployerS shall respect the preference of employees as to their weekly rest 
day when such preference is based on religious grounds. (91a) 
 
Art. 73. When EmployerS May Require Work on a Rest Day. The EmployerS may require 
his THEIR employees to work on any day: 
(a) 
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; 
(b) 
In cases of urgent work to be performed on the machinery, equipment, or installation, to 
avoid serious loss which the employer would otherwise suffer; 
c. In the event of abnormal pressure of work due to special circumstances, where the employer 
cannot ordinarily be expected to resort to other measures; 
(c) 
To prevent loss or damage to perishable goods; OR 
d. 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 
e. Under other circumstances analogous or similar to the foregoing as determined by the 
Secretary of Labor and Employment. 


(d) 
WHEN THE WORK IS NECESSARY TO AVAIL OF FAVORABLE WEATHER OR 
ENVIRONMENTAL CONDITIONS WHERE PERFORMANCE OR QUALITY OF WORK 
IS DEPENDENT THEREON. 
 
PREGNANT OR NURSING WOMEN SHOULD NOT BE OBLIGED TO WORK ON A REST 
DAY IF A MEDICAL CERTIFICATE DECLARES SUCH WORK TO BE INCOMPATIBLE WITH 
THEIR PREGNANCY OR NURSING. (92a) 
 
Art. 74. Compensation for rest day or Holiday Work OR SUNDAY. 
(a) 
Where an employeeS is ARE made or permitted to work on his THEIR scheduled rest 
day, he THEY shall be paid an additional compensation of at least thirty percent (30%) 
of his THEIR regular wage. An employee shall be entitled to such additional 
compensation for work performed on Sunday only when it is his THEIR established rest 
day. 
(b) 
When the nature of the work of the employeeS is such that he has THEY HAVE no 
regular workdays and no regular rest days can be scheduled, he THEY shall be paid an 
additional compensation of at least thirty percent (30%) of his THEIR regular wage for 
work performed on Sundays. 
c. Work performed on any special holiday shall be paid 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, he shall be entitled to an additional compensation 
of at least fifty per cent (50%) of his regular wage. 
(c) 
WORKERS WHO PERFORM WORK ON ANY SPECIAL HOLIDAY, WHETHER 
DECLARED NATIONALLY OR LOCALLY, SHALL BE PAID THEIR REGULAR DAILY 
WAGE AND AN ADDITIONAL COMPENSATION OF AT LEAST THIRTY PERCENT 
(30%) OF THEIR 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 employerS 
shall pay such higher rate. (93a) 
 
Chapter III 
HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES 
 
Art. 75. Right to Holiday Pay. 
(a) 
Every WorkerS shall be paid his THEIR regular daily wage during regular holiday, except 
in retail and service establishments regularly employing less than ten (10) workers 
UNLESS THEY ARE WORKERS OF NON-GOVERNMENTAL ORGANIZATIONS 
EMPLOYING LESS THAN TEN (10) WORKERS. 
(b) 
The employer may require an employee to work on any holiday but such employee 
EMPLOYEES WHO WORK ON ANY REGULAR HOLIDAY shall be paid a 
compensation equivalent to twice his THEIR regular rate; and 
(c) 
WORK PERFORMED ON ANY SPECIAL HOLIDAY SHALL BE PAID AN ADDITIONAL 
COMPENSATION OF AT LEAST THIRTY PERCENT (30%) OF THE REGULAR WAGE 
OF THE EMPLOYEE. WHERE SUCH HOLIDAY WORK FALLS ON THE EMPLOYEES’ 
SCHEDULED REST DAY, THEY SHALL BE ENTITLED TO AN ADDITIONAL 
COMPENSATION OF AT LEAST FIFTY PERCENT (50%) OF THEIR REGULAR 
WAGE. 
(d) 
As used in this Article, "holiday" includes New Year’s Day, Maundy Thursday, Good 
Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the 
thirtieth of November, the twenty-fifth and thirtieth of December and the day designated 
by law for holding a general election “HOLIDAYS” ARE THE REGULAR AND SPECIAL 
HOLIDAYS AS PROVIDED UNDER EXISTING LAWS. (94a) 
 
 


CHAPTER IV 
SERVICE INCENTIVE LEAVE 
 
Art. 76. Service Incentive Leave. 
(a) 
Every EmployeeS who has HAVE rendered at least one (1) year of service shall be 
entitled to a yearly service incentive leave of five (5) days with pay. 
(b) 
This provision shall not apply to those who are already enjoying the benefit herein 
provided, AND those enjoying vacation leave with pay of at least five TEN (10) days and 
those employed in establishments regularly employing less than ten employees or in 
establishments exempted from granting this benefit by the Secretary of Labor and 
Employment after considering the viability or financial condition of such establishment. 
(c) 
The grant of benefit in excess of that provided herein shall not be made a subject of 
arbitration or any court or administrative action DIMINISHED. (95a) 
 
CHAPTER V 
SERVICE CHARGES 
 
Art. 77. Service Charges. All service charges collected by hotels, restaurants and similar 
establishments shall be distributed at the rate of eighty-five percent (85%) for all covered 
employees and fifteen percent (15%) for management. The share of the employees shall be 
equally distributed among them. In case the service charge is abolished, the share of the 
covered employees shall be considered integrated in their wages. 
 
THE SHARES REFERRED TO IN THIS ARTICLE SHALL BE DISTRIBUTED AND PAID TO 
THE EMPLOYEES NOT LESS THAN ONCE EVERY TWO (2) WEEKS OR TWICE A MONTH 
AT INTERVALS NOT EXCEEDING SIXTEEN (16) DAYS. (96a) 
 
CHAPTER VI 
FACILITIES 
 
Art. 78. Facilities for Women. The Secretary of Labor and Employment SOLE shall establish 
standards that will ensure the safety and health of women employees WORKERS. In 
appropriate cases, he shall, by regulations, require any employer to EMPLOYERS SHALL BE 
REQUIRED TO: 
 
(a) 
Provide seats proper for women WORKERS 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;  
(b) 
To establish PROVIDE separate toilet rooms and lavatories for men and women 
WORKERS AND WHERE APPROPRIATE, GENDER-NEUTRAL TOILET ROOMS 
AND LAVATORIES; AND and provide at least a dressing room for women;  
(c) To establish a nursery in a workplace for the benefit of the women employees therein; and 
(d) To determine appropriate minimum age and other standards for retirement or termination 
in special occupations such as those of flight attendants and the like.   
(c) PROVIDE SUCH OTHER FACILITIES THAT THE SOLE MAY DEEM APPROPRIATE. 
(130a) 
 
 
 
 
 
 
 
 


Title II 
WAGES 
 
Chapter I 
PRELIMINARY MATTERS 
 
Art. 79. Definitions. As used in this Title: 
(a) 
"Person" means an individual, partnership, association, corporation, business trust, 
legal representatives, or any organized group of persons. 
(b) 
"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 WITHOUT ORIGINAL CHARTER, as well as non-profit private institutions, 
or organizations.  
(c) 
"Employee" includes any individual employed by an employer. TO ASCERTAIN THE 
EXISTENCE OF AN EMPLOYER-EMPLOYEE RELATIONSHIP, THE FOUR-FOLD 
TEST SHALL APPLY, TO WIT: (1) THE SELECTION AND ENGAGEMENT OF THE 
EMPLOYEE; (2) THE PAYMENT OF WAGES; (3) THE POWER OF DISMISSAL; (4) 
THE POWER TO CONTROL THE EMPLOYEE’S CONDUCT WHERE THE PERSON 
FOR WHOM THE SERVICES ARE PERFORMED RESERVES THE RIGHT TO 
CONTROL NOT ONLY THE END ACHIEVED, BUT ALSO THE MANNER AND MEANS 
USED TO ACHIEVE THAT END.  (DOLE D.O. NO. 147-2015) 
(d) 
“Agriculture” includes farming in all its branches and, among other things, includes 
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 on a farm as an incident to or in conjunction with 
such farming operations, but does not include the manufacturing or processing of sugar, 
coconuts, abaca, tobacco, pineapples or other farm products 
(e) 
“Employ” includes MEANS to suffer or permit to work. 
(f) 
“Wage” paid to any employee shall meanS 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 BY AN EMPLOYER 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 and Employment SOLE, 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. 
(97a) 
 
Chapter II 
MINIMUM WAGE RATES 
 
Art. 80. Regional NATIONAL Minimum Wages. The NATIONAL minimum wage rates for 
agricultural and non-agricultural employees and workers in each and every region of the 
country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. 
NATIONAL WAGES AND PRODUCTIVITY COMMISSION. (99a) 
 
Art. 81. Prohibition against Elimination or Diminution of Benefits. Nothing in this Book 
shall be construed to eliminate or in any way diminish supplements, or AND other employee 
benefits being enjoyed at the time of promulgation of this Code. (100a) 
 
Art. 82. Payment by Results. The Secretary of Labor and Employment SOLE shall regulate 
the payment of wages by results, including pakyaw, 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. (101a) 
 
Chapter III 
PAYMENT OF WAGES 
 
Art. 83. 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 OR DIGITAL MONEY REMITTANCE 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 and Employment SOLE or as stipulated in a collective 
bargaining agreement. (102a) 
 
Art. 84. 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. No employer shall make payment with less frequency 
than once a month. 
 
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:  
(1) 
That payments are made at intervals not exceeding sixteen (16) days, in proportion to 
the amount of work completed;  
(2) 
That final settlement is made upon completion of the work. (103) 
 
Art. 85. 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 and 
Employment SOLE may prescribe under conditions to ensure greater protection of wages. 
(104a) 
 
Art. 86. Direct Payment of Wages. Wages shall be paid directly to the workers to whom they 
are due, except:  
(a) 
In cases of force majeure rendering such payment impossible or under other special 
circumstances to be determined by the Secretary of Labor and Employment SOLE in 
appropriate regulations, in which case, the workerS may be paid through another person 
under written authority given by the workerS for the purpose;  
(b) 
IN CASE OF ECONOMIC VIOLENCE AS DEFINED BY SEC. 3, PARAGRAPH D OF 
REPUBLIC ACT NO. 9262, EMPLOYERS SHALL PAY THE WAGES OF THE 
WORKERS TO THEIR IMMEDIATE FAMILY WITHOUT THE NECESSITY OF COURT 
PROCEEDINGS. THE CLAIMANTS, IF THEY ARE ALL OF AGE, SHALL EXECUTE 
AN AFFIDAVIT ATTESTING TO THEIR RELATIONSHIP TO THE WORKER AND THE 
FACT THAT THEY ARE MEMBERS OF THE IMMEDIATE FAMILY, TO THE 
EXCLUSION OF ALL OTHER PERSONS. IF ANY OF THE HEIRS IS A MINOR, THE 
AFFIDAVIT SHALL BE EXECUTED ON THE MINOR’S BEHALF BY THE NATURAL 
GUARDIAN OR NEXT-OF-KIN. THE AFFIDAVIT SHALL BE PRESENTED TO THE 
EMPLOYER WHO SHALL MAKE PAYMENT THROUGH THE SOLE OR THEIR 
REPRESENTATIVE. THE REPRESENTATIVE OF THE SOLE SHALL ACT AS 
REFEREE IN DIVIDING THE AMOUNT PAID AMONG THE MEMBERS OF THE 
FAMILY. THE PAYMENT OF WAGES UNDER THIS ARTICLE SHALL ABSOLVE 


EMPLOYERS OF ANY FURTHER LIABILITY WITH RESPECT TO THE AMOUNT 
PAID; or  
(b) (c) Where the worker has died, in which case, the employerS 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 are his heirs, to the exclusion of all 
other persons. If any of the heirs is a minor, the affidavit shall be executed on his THE 
MINOR’S behalf by his THE MINOR’S natural guardian or next-of-kin. The affidavit shall 
be presented to the employer who shall make payment through the Secretary of Labor 
and Employment SOLE or his THEIR representative. The representative of the 
Secretary of Labor and Employment SOLE shall act as referee in dividing the amount 
paid among the heirs. The payment of wages under this Article shall absolve the 
employerS of any further liability with respect to the amount paid. (105a) 
 
Art. 87. 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 their wages and 
other monetary claims, any provision of law THE CIVIL CODE ON PREFERENCE OF 
CREDIT AND OTHER LAWS to the contrary notwithstanding. Such unpaid wages and 
monetary claims shall be paid in full before claims of the government and other creditors may 
be paid. (110a) 
 
Chapter IV 
PROHIBITIONS REGARDING WAGES 
 
Art. 88. Attorney’s Fees.  
(a) 
In cases of unlawful withholding of wages, the culpable party may be assessed 
attorney’s fees equivalent to ten percent (10%) of the amount of wages recovered.  
(b) 
It shall be unlawful for any person to demand or accept, in any judicial, QUASI-JUDICIAL 
or administrative proceedings for the recovery of wages, attorney’s fees which exceed 
ten percent (10%) of the amount of wages recovered. (111a) 
 
Art. 89. Non-Interference in Disposal of Wages. No employer shall limit or otherwise 
interfere with the freedom of any employeeS to dispose of his THEIR wages. He EMPLOYERS 
shall not in any manner force, compel, or oblige his THEIR employees to purchase 
merchandise, commodities or other property from any other person, or otherwise make use of 
any store or services of such THE employerS or any other person. (112a) 
 
Art. 90. Wage Deduction. No EmployerS, in his THEIR own behalf or in behalf of any person, 
shall NOT make any deduction from the wages of his THEIR employees, except:  
(a) 
In cases where the workerS ARE insured with his THEIR consent by the employerS, 
and the deduction is to recompense the employerS for the amount paid by him THEM 
as premium on the insurance;  
(b) 
For union dues, in cases where the right of the workerS or his THEIR union to check-off 
has been recognized by the employerS or authorized in writing by the individual worker 
concerned;  
(c) 
IN CASES WHERE WORKERS HAVE FAILED TO PROVIDE REGULAR SUPPORT 
TO THEIR IMMEDIATE LEGITIMATE SPOUSE AND LEGITIMATE OR ILLEGITIMATE 
CHILDREN, EMPLOYERS MAY PAY THE WAGES TO THE SPOUSE AND CHILDREN 
WITHOUT THE NECESSITY OF COURT PROCEEDINGS; AND 
(d) 
In cases where the employerS is ARE authorized by law or regulations issued by the 
Secretary of Labor and Employment SOLE. (113a) 
 
Art. 91. Deposits for Loss or Damage. No EmployerS shall NOT require his THEIR workerS 
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 employerS, except when the 


employerS is ARE engaged in such trades, occupations or business where the CUSTOMARY 
practice of making deductions or requiring deposits is a recognized one, OR AS PROVIDED 
FOR IN THE COLLECTIVE BARGAINING AGREEMENT, or is necessary or desirable as 
determined by the Secretary of Labor and Employment SOLE in appropriate rules and 
regulations. 
 
IN ANY CASE, DEDUCTIONS SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS: 
(a) 
THAT THE EMPLOYEES CONCERNED ARE CLEARLY SHOWN TO BE 
RESPONSIBLE FOR THE LOSS OR DAMAGE; 
(b) 
THAT THE EMPLOYEES ARE GIVEN REASONABLE OPPORTUNITY TO SHOW 
CAUSE WHY DEDUCTION SHOULD NOT BE MADE; 
(c) 
THAT THE AMOUNT OF SUCH DEDUCTION IS FAIR AND REASONABLE AND SHALL 
NOT EXCEED THE ACTUAL LOSS OR DAMAGE; AND 
(d) 
THAT THE DEDUCTION FROM THE WAGES OF THE EMPLOYEE DOES NOT 
EXCEED TWENTY PERCENT (20%) OF THE EMPLOYEE'S WAGES IN A WEEK. 
(114a) 
 
Art. 92. 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 workerS or induce 
him THEM to give up any part of his THEIR wages by force, stealth, intimidation, threat or by 
any other means whatsoever without the worker’s consent. (116a) 
 
Art. 93. Deduction to Ensure Employment. It shall be unlawful to make any deduction from 
the wages of any employeeS for the benefit of the employerS or his THEIR representativeS 
or intermediary INTERMEDIARIES as consideration of a promise of employment or retention 
in employment. (117a) 
 
Art. 94. Retaliatory Measures. It shall be unlawful for an employerS to refuse to pay or reduce 
the wages and benefits, discharge or in any manner discriminate against any employee who 
has filed any complaint or instituted any proceeding under this Title OR UNDER THIS CODE 
OR ANY LAWS or has testified OR HAS REFUSED TO TESTIFY, or is about to testify in such 
proceedings. RETALIATORY ACTS SHALL INCLUDE REFUSAL TO TESTIFY WHEN 
REQUIRED, REQUESTED, OR DEMANDED BY AN EMPLOYER. (118a) 
 
Art. 95. 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. (119) 
 
CHAPTER V 
CONTRACTING OF SERVICES 
 
Art. 96. Contractor or Subcontractor. Whenever an employerS enters into a contract with 
another personS for the performance of the former’s work, the employees of the contractor 
and of the latter’s contractor, if any, shall be paid in accordance with the provisions of this 
Code.   
 
In the event that the contractorS or subcontractorS fails to pay the wages of his THEIR 
employees in accordance with this Code, the employerS shall be jointly and severally liable 
with his THEIR contractorS or subcontractorS to such employees to the extent of the work 
performed under the contract, in the same manner and extent that he is THEY ARE liable to 
employees directly employed by him THEM.   
 
The Secretary of Labor and Employment SOLE 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 THEY 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 employerS 
for purposes of this Code, to prevent any violation or circumvention of any provision of this 
Code.   
 
There is "labor-only" contracting where the personS supplying workers to an employerS does 
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 personS are 
performing activities which are directly related to the principal business of such employerS. In 
such cases, the personS or intermediaryIES shall be considered merely as an agentS of the 
employerS who shall be responsible to the workers in the same manner and extent as if the 
latter were directly employed by him THEM. (106a) 
 
Art. 97. 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. 
(107) 
 
Art. 98. Posting of Bond.  An EmployerS or indirect employerS may require the contractorS 
or subcontractorS to 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 contractorS or 
subcontractorS, as the case may be, fail to pay the same. (100a) 
 
Art. 99. Solidary Liability.  The provisions of existing laws to the contrary notwithstanding, 
every employerS or indirect employerS shall be held responsible with his THEIR contractorS 
or subcontractorS 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. 
(109a) 
 
 
Chapter VI 
WAGE STUDIES, WAGE AGREEMENTS AND WAGE DETERMINATION 
 
Art. 100. Creation of National Wages and Productivity Commission. There is hereby 
created a National Wages and Productivity Commission, hereinafter referred to as the 
Commission, which shall be attached to the Department of Labor and Employment (DOLE) 
for policy and program coordination. (120) 
 
Art. 101. Powers and Functions of the Commission. The Commission shall have the 
following powers and functions:  
 
(a) 
To act as the national consultative and advisory body to the President of the Philippines 
and Congress on matters relating to wages, incomes and productivity;  
(b) 
To formulate policies and guidelines on wages, incomes and productivity improvement 
at the enterprise, industry and national levels;  
(c) 
TO DETERMINE AND FIX THE INDUSTRY MINIMUM WAGE RATES AND ISSUE THE 
CORRESPONDING WAGE ORDERS THROUGH INDUSTRY BOARDS;  
(d) 
TO RECEIVE, PROCESS AND ACT ON APPLICATIONS FOR EXEMPTION FROM 
PRESCRIBED WAGE RATES AS PROVIDED BY THIS CODE;  
(e) 
To prescribe rules and guidelines for the determination of appropriate minimum wage 
and productivity measures at the regional, provincial, or industry levels;  
(f) 
TO ESTABLISH INDUSTRY TRIPARTITE WAGES AND PRODUCTIVITY BOARDS IN 
INDUSTRIES WHERE IT DEEMS APPROPRIATE; 
(g) 
To undertake studies, researches and surveys necessary for the attainment of its 
functions and objectives, and to collect and compile GENDER-DISAGGREGATED data 


and periodically disseminate information on wages, INCLUDING GENDER GAPS IN 
WAGES, and productivity and other related information, including, but not limited to, 
employment, cost-of-living, labor costs, investments and returns; 
(h) 
To review regional wage levels set by PLANS AND PROGRAMS OF the Regional 
NATIONAL INDUSTRY Tripartite Wages and Productivity Boards to determine if 
WHETHER these are in accordance consistent with prescribed guidelines and national 
development plans; 
(i) 
To exercise technical and administrative supervision over the Regional NATIONAL 
INDUSTRY Tripartite Wages and Productivity Boards;  
(j) 
To call, from time to time, a national tripartite conference of representatives of 
government, workers and employers for the consideration of measures to promote wage 
rationalization and productivity; and 
(k) 
To exercise such powers and functions as may be necessary to implement this Act ITS 
MANDATE UNDER THIS CODE. 
 
The Commission shall be composed of the Secretary of Labor and Employment SOLE as ex-
officio CHAIRman, the Director-General of the National Economic and Development Authority 
(NEDA) as ex-officio vice-CHAIRman, and two (2) members each from workers’ and 
employers’ sectors: PROVIDED, THAT ONE OF THE MEMBERS OF EACH WORKERS’ 
AND EMPLOYERS’ REPRESENTATIVES SHALL BE A WOMAN.  THE WORKERS AND 
EMPLOYERS’ REPRESENTATIVES shall be appointed by the President of the Philippines 
upon recommendation of the Secretary of Labor and Employment SOLE to be made on the 
basis of the list of nominees submitted by the workers’ and employers’ sectors, respectively, 
and who shall serve for a term of five (5) years. The Executive Director of the Commission 
shall also be a member of the Commission.  
 
The Commission shall be assisted by a Secretariat to be headed by an Executive Director and 
two (2) Deputy Directors, who shall be appointed by the President of the Philippines, upon the 
recommendation of the Secretary of Labor and Employment SOLE.  
 
The Executive Director shall have the same rank, salary, benefits and other emoluments as 
that of a Department Assistant Secretary, while the Deputy Directors shall have the same 
rank, salary, benefits and other emoluments as that of a Bureau Director. The members of the 
Commission representing labor and management shall have the same rank, emoluments, 
allowances and other benefits as those prescribed by law for labor and management 
representatives in the Employees’ Compensation Commission. (121a) 
 
Art. 102. Creation of Regional NATIONAL INDUSTRY Tripartite Wages and Productivity 
Boards. There is hereby created Regional Tripartite Wages and Productivity Boards, 
hereinafter referred to as Regional Boards, in all regions, including autonomous regions as 
may be established by law. THE COMMISSION SHALL ESTABLISH INDUSTRY TRIPARTITE 
WAGES 
AND 
PRODUCTIVITY 
BOARDS 
IN 
INDUSTRIES 
WHERE 
IT 
DEEMS 
APPROPRIATE, HEREINAFTER REFERRED TO AS THE NATIONAL INDUSTRY BOARDS. 
The Commission shall determine the offices/headquarters of the respective Regional 
INDUSTRY Boards.  
 
The Regional INDUSTRY Boards shall have the following powers and functions in their 
respective territorial jurisdictions INDUSTRIES:  
(a) 
To develop plans, programs and projects relative to wages, incomes and productivity 
improvement for their respective regions INDUSTRIES;  
(b) 
To determine and fix minimum wage rates applicable in their regions, provinces or 
industries therein and to issue the corresponding wage orders, subject to guidelines 
issued by the Commission;  


(c) 
To undertake studies, researches, and surveys necessary for the attainment of their 
functions, objectives and programs, and to collect and compile data on wages, incomes, 
productivity and other related information and periodically disseminate the same;  
(d) 
To coordinate with the other Regional INDUSTRY Boards as may be necessary to attain 
the policy and intention of this Code; 
To receive, process and act on applications for exemption from prescribed wage rates as may 
be provided by law or any Wage Order; and 
(e) 
To exercise such other powers and functions as may be necessary to carry out their 
mandate under this Code. 
 
Implementation of the plans, programs, and projects of the Regional Boards referred to in the 
second paragraph, letter (a) of this Article, shall be through the respective regional offices of 
the Department of Labor and Employment within their territorial jurisdiction; Provided, 
however, That the Regional Boards shall have technical supervision over the regional office 
of the Department of Labor and Employment with respect to the implementation of said plans, 
programs and projects. 
 
Each Regional INDUSTRY Board shall be composed of the Regional Director of the 
Department of Labor and Employment as chairman, the Regional Directors of the National 
Economic and Development Authority and the Department of Trade and Industry as vice-
chairmen and A CHAIR WHO MUST SERVE FULL-TIME FOR A TERM OF THREE (3) 
YEARS. THE CHAIR MUST HAVE AT LEAST FIVE (5) YEARS’ EXPERIENCE IN 
INDUSTRIAL RELATIONS. IN ADDITION, two (2) members each from workers’ and 
employers’ sectors OF THE INDUSTRY CONCERNED who shall be appointed by the 
President of the Philippines, upon the recommendation of the Secretary of Labor and 
Employment SOLE, to be made on the basis of the list of nominees submitted by the workers’ 
and employers’ sectors, respectively, and who shall serve for a term of five THREE (3) years.  
 
Each Regional INDUSTRY Board to be headed by its chairman shall be assisted by a 
Secretariat. (122a) 
 
Art. 103. Wage Order. Whenever conditions so warrant, the Regional Board COMMISSION 
AND INDUSTRY BOARDS shall investigate and study all pertinent facts; and based on the 
standards and criteria herein prescribed, shall proceed to determine whether a Wage Order 
should be issued. Any such Wage Order shall take effect after fifteen (15) days from its 
complete publication in at least one TWO (2) newspaperS of general circulation in the region 
AND A COPY SHALL BE DEPOSITED WITH THE OFFICE OF NATIONAL 
ADMINISTRATIVE REGISTER (ONAR).  
 
In the performance of its wage-determining functions, the Regional Board COMMISSION AND 
INDUSTRY BOARDS shall conduct public hearings/consultations, giving notices to 
employees’ and employers’ groups, provincial, city and municipal officials and other interested 
parties.  
 
Any party aggrieved by the Wage Order issued by the Regional Board INDUSTRY BOARDS 
may appeal such order to the Commission within ten (10) calendar days from the publication 
of such order. It shall be mandatory for the Commission to decide such appeal within sixty 
(60) calendar days from the filing thereof. WAGE ORDERS ISSUED, AFFIRMED OR 
MODIFIED BY THE COMMISSION SHALL NOT BE APPEALABLE. 
 
The filing of the appeal does not stay the order unless the person appealing such order shall 
file with the Commission, an undertaking with a surety or sureties satisfactory to the 
Commission for the payment to the employees affected by the order of the corresponding 
increase, in the event such order is affirmed. (As amended by Republic Act No. 6727, June 9, 
1989) (123a) 


 
Art. 104. Standards/Criteria for Minimum Wage Fixing. The regional NATIONAL minimum 
wages to be established by the Regional Boards COMMISSION OR INDUSTRY BOARDS 
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 REALIZE 
THE CONSTITUTIONAL GUARANTEE OF A LIVING WAGE within the framework of the 
national economic and social development program. In the determination of such national 
minimum wage, the Regional Boards COMMISSION OR INDUSTRY BOARDS shall, among 
other relevant factors, consider the following:  
(a) 
The demand for living wages;  
(b) 
Wage adjustment vis-à-vis the consumer price index;  
(c) 
The cost of living and changes or increases therein;  
(d) 
The needs of workers and their families;  
The need to induce industries to invest in the countryside; 
(e) 
Improvements in standards of living;  
(f) 
The prevailing wage levels;  
(g) 
Fair return of the capital invested and capacity to pay of employers;  
(h) 
Effects on employment generation and family income; and 
(i) 
The equitable distribution of income and wealth along the imperatives of economic and 
social development; AND 
(j) 
REGIONAL CIRCUMSTANCES, IF WARRANTED.   
 
THE MINIMUM WAGE ISSUED BY AN INDUSTRY BOARD MAY NOT BE UNIFORM FOR 
THE INDUSTRY IF WARRANTED BY REGIONAL CIRCUMSTANCES. 
 
The wages prescribed in accordance with the provisions of this Title shall be the standard 
prevailing NATIONAL minimum wages in every region. These wages may include wages 
varying with industries provinces or localities if in the judgment of the Regional Board, 
conditions make such local differentiation proper and necessary to effectuate the purpose of 
this Title DEPENDING ON THE INDUSTRY.  
 
Any PersonS, company COMPANIES, corporationS, partnershipS or any other entity 
ENTITIES engaged in business shall file and register annually with the Commission and the 
National Statistics Office PHILIPPINE STATISTICS AUTHORITY, an itemized listing of their 
labor component, specifying the names of their workers and employees below the managerial 
level, including learners, apprentices and disabled/handicapped workers WITH DISABILITY 
who were hired under the terms prescribed in the employment contracts, and their 
corresponding salaries and wages.  
 
Where the application of any prescribed wage increase by virtue of a law or wage order issued 
by the Regional Board COMMISSION OR INDUSTRY BOARD results in distortions of the 
wage structure within an establishment, the employerS and the unionS shall negotiate to 
correct the distortions. Any dispute arising from wage distortions shall be resolved through the 
grievance procedure under their collective bargaining agreement and, if it remains unresolved, 
through voluntary arbitration. Unless otherwise agreed by the parties in writing, such dispute 
shall be decided by the voluntary arbitrators within ten (10) calendar days from the time said 
dispute was referred to voluntary arbitration.  
 
In cases where there are no collective agreements or recognized labor unions, the employers 
and workers shall endeavor to correct such distortions. Any dispute arising therefrom shall be 
settled through the National Conciliation and Mediation Board and, if it remains unresolved 
after ten (10) calendar days of conciliation, shall be referred to the appropriate branch of the 
National Labor Relations Commission (NLRC). It shall be mandatory for the NLRC to conduct 
continuous hearings and decide the dispute within twenty (20) calendar days from the time 
said dispute is submitted for compulsory arbitration.  


 
The pendency of a dispute arising from a wage distortion shall not in any way delay the 
applicability of any increase in prescribed wage rates pursuant to the provisions of law or wage 
order.  
 
As used herein, a wage distortion shall mean a situation where an increase in prescribed wage 
rates results in the elimination or severe contraction of intentional quantitative differences in 
wage or salary rates between and among employee groups in an establishment as to 
effectively obliterate the distinctions embodied in such wage structure based on skills, length 
of service, or other logical bases of differentiation.  
 
All workers paid by result, including those who are paid on piecework, takay, pakyaw or task 
basis, shall receive not less than the prescribed wage rates per eight (8) hours of work a day, 
or a proportion for working less than eight (8) hours.  
 
All recognized learnership and apprenticeship agreements shall be considered automatically 
modified insofar as their wage clauses are concerned to reflect the prescribed wage rates. 
(124a) 
 
ART 105. EXEMPTION. OTHER THAN THOSE EXEMPTED BY THIS CODE, ALL 
WORKERS SHALL BE PAID THE APPLICABLE NATIONAL MINIMUM WAGE.  
 
FINANCIALLY DISTRESSED EMPLOYERS MAY APPLY FOR EXEMPTION FROM THE 
NATIONAL MINIMUM WAGE WITH THE COMMISSION BUT ONLY FOR A NON-
EXTENDIBLE MAXIMUM PERIOD OF THREE (3) YEARS FOR EVERY INCREASE 
PROVIDED BY WAGE ORDER.  
 
IN THE EVENT THAT APPLICATIONS FOR EXEMPTIONS ARE DENIED, THE COVERED 
EMPLOYEES SHALL RECEIVE THE APPROPRIATE DIFFERENTIAL PLUS INTEREST OF 
ONE PERCENT (1%) PER MONTH RETROACTIVE TO THE EFFECTIVITY OF THE 
APPROPRIATE WAGE ORDER. (new) 
 
Art. 106. Freedom to Bargain. No wage order shall be construed to prevent workers in 
particular firms or enterprises or industries from bargaining for higher wages with their 
respective employers. (125) 
 
Art. 107. Prohibition against Injunction. No preliminary or permanent injunction or 
temporary restraining order may be issued by any court, tribunal or other entity against any 
proceedings before the Commission or the Regional INDUSTRY BOARDS. (126a) 
 
Art. 108. Non-Diminution of Benefits. No wage order issued by any Regional Board 
INDUSTRY BOARD shall provide for wage rates lower than the statutory minimum wage rates 
prescribed by Congress. (127a) 
 
Chapter VII 
ADMINISTRATION AND ENFORCEMENT 
 
Art. 109. Visitorial and Enforcement Power. (a) The Secretary of Labor and Employment 
SOLE or his THEIR duly authorized representatives, including labor regulation officers, shall 
have access to employer’s records and premises at any time of the day or night whenever 
work is being undertaken therein, and the right to copy therefrom, to question any employee 
and investigate any fact, condition or matter which may be necessary to determine violations 
or which may aid in the enforcement of this Code and of any labor law, wage order or rules 
and regulations issued pursuant thereto.  
 


(b) Notwithstanding the provisions of Articles 129 and 217 110 AND 210 of this Code to the 
contrary, and in cases where the relationship of employer-employee still exists, the SOLE or 
his THEIR duly authorized representatives shall have the power to issue compliance orders 
to give effect to the labor standards provisions of this Code and other labor legislation based 
on the findings of labor employment and enforcement officers or industrial safety engineers 
made in the course of inspection. The Secretary SOLE or his THEIR duly authorized 
representatives shall issue writs of execution to the appropriate authority for the enforcement 
of their orders, except in cases where the employer contests the findings of the labor 
employment and enforcement officer and raises issues supported by documentary proofs 
which were not considered in the course of inspection. WHERE AN ISSUE ON THE 
EXISTENCE OF AN EMPLOYER-EMPLOYEE RELATIONSHIP IS RAISED, HOWEVER, 
THE SOLE HAS THE POWER TO DETERMINE IN THE INTERIM THE EMPLOYER-
EMPLOYEE RELATIONSHIP AND FROM THERE TO DECIDE WHETHER OR NOT TO 
ISSUE COMPLIANCE ORDERS, SUBJECT TO JUDICIAL REVIEW. 
 
An order issued by the duly authorized representative of the Secretary of Labor and 
Employment SOLE under this Article may be appealed to the latter. In case said order involves 
a monetary award, an appeal by the employer may be perfected only upon the posting of a 
cash or surety bond issued by a reputable bonding company duly accredited by the Secretary 
of Labor and Employment SOLE in the amount equivalent to the monetary award in the order 
appealed from.   
 
(c) The Secretary of Labor and Employment SOLE may likewise order stoppage of work or 
suspension of operations of any unit or department of an establishment when non-compliance 
with the law or implementing rules and regulations poses grave and imminent danger to the 
health and safety of workers in the workplace OR TO OTHER PERSONS. Within twenty-four 
(24) hours, a hearing shall be conducted to determine whether an order for the stoppage of 
work or suspension of operations shall be lifted or not. In case the violation is attributable to 
the fault of the employer, he THE EMPLOYER shall pay the employees concerned their 
salaries, or wages AND ALL OTHER BENEFITS during the period of such stoppage of work 
or suspension of operation.  
 
(d) It shall be unlawful for any person or entity to obstruct, impede, delay or otherwise render 
ineffective the orders of the Secretary of Labor and Employment SOLE or his THEIR duly 
authorized representatives issued pursuant to the authority granted under this Article, and no 
inferior LOWER court or entity shall issue temporary or permanent injunction or restraining 
order or otherwise assume jurisdiction over any case involving the enforcement orders issued 
in accordance with this Article.  
 
(e) Any government employee found guilty of violation of, or abuse of authority, under this 
Article shall, after appropriate administrative investigation, be subject to summary dismissal 
from the service, WITHOUT PREJUDICE TO THE FILING OF APPROPRIATE CRIMINAL 
AND CIVIL CASES.  
 
(f) The Secretary of Labor and Employment may, by appropriate regulations, require 
Employers SHALL, FOR A PERIOD OF FIVE (5) YEARS, to keep and maintain such 
employment records as may be necessary in aid of hisTHE visitorial and enforcement powers 
under this Code OF THE SOLE. (128a) 
 
Art. 110. Recovery of Wages, Simple Money Claims and Other Benefits. Upon complaint 
of any interested party, the Regional Director of the Department of Labor and 
EmploymentDOLE or any of the duly authorized hearing officers of the Department is 
empowered, through summary proceeding and after due notice, to hear and decide any matter 
involving the recovery of wages and other monetary claims and benefits, including legal 
interest, owing to an employee or person employed in domestic or household service or 


househelper under this Code, arising from employer-employee relations: Provided, That such 
complaint does not include a claim for reinstatement: Provided further, That the aggregate 
money claims of each employee or househelper does not exceed Five thousand pesos 
(P5,000.00) TWENTY-FIVE THOUSAND PESOS (P25,000.00). The Regional Director or 
hearing officer shall decide or resolve the complaint within thirty (30) calendar days from the 
date of the filing of the same. Any sum thus recovered on behalf of any employeeS or 
househelper pursuant to this Article shall be held in a special deposit account by, and shall be 
paid on order of, the Secretary of Labor and Employment SOLE or the Regional Director 
directly to the employeeS or househelper concerned. Any such sum not paid to the employeeS 
or househelper because he THEY cannot be located after diligent and reasonable effort to 
locate him THEM within a period of three (3) years, shall be held as a special fund of the 
Department of Labor and Employment DOLE to be used exclusively for the amelioration and 
benefit of workers.  
 
Any decision or resolution of the Regional Director or hearing officer pursuant to this provision 
may be appealed on the same FOLLOWING grounds: 
 
(A) 
IF THERE IS PRIMA FACIE EVIDENCE OF ABUSE OF DISCRETION ON THE PART 
OF THE REGIONAL DIRECTOR OR HEARING OFFICER; 
 
(B)  IF THE DECISION, ORDER OR AWARD WAS SECURED THROUGH FRAUD OR 
COERCION, INCLUDING GRAFT AND CORRUPTION; 
 
(C) 
IF MADE PURELY ON QUESTIONS OF LAW; AND 
 
(D) 
IF SERIOUS ERRORS IN THE FINDINGS OF FACTS ARE RAISED WHICH WOULD 
CAUSE GRAVE OR IRREPARABLE DAMAGE OR INJURY TO THE APPELLANT. 
 
provided in Article 223 of this Code, THE APPEAL SHALL BE FILED within five (5) calendar 
days from receipt of a copy of said decision or resolution, to the National Labor Relations 
Commission which shall resolve the appeal within ten (10) calendar days from the submission 
of the last pleading required or allowed under its rules.  
 
The Secretary of Labor and Employment SOLE or his THE duly authorized representative 
may supervise the payment of unpaid wages and other monetary claims and benefits, 
including legal interest, found owing to any employeeS. (129a) 
 
Title III 
WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES  WORKERS 
 
Chapter I 
EMPLOYMENT OF WOMEN CHILDREN 
 
Art. 111. Minimum Employable Age. 
(a) No child (1) CHILDREN below fifteen (15) years of age shall NOT be employed, except 
when he THEY works directly under the sole responsibility of  his THEIR parents or 
guardian and WHERE ONLY MEMBERS OF THE EMPLOYER'S FAMILY ARE 
EMPLOYED; PROVIDED, THAT THEIR EMPLOYMENT NEITHER ENDANGERS 
THEIR LIFE, SAFETY, HEALTH AND MORALS, NOR IMPAIRS THEIR NORMAL 
DEVELOPMENT: PROVIDED, FURTHER, THAT THE PARENT OR GUARDIAN 
SHALL PROVIDE THE SAID CHILDREN WITH THE PRESCRIBED PRIMARY AND 
SECONDARY EDUCATION;  PROVIDED, FINALLY, THAT his THEIR employment 
does not in any way interfere with his THEIR schooling. 
(2)  CHILDREN BELOW FIFTEEN (15) YEARS OF AGE MAY BE EMPLOYED IN PUBLIC 
ENTERTAINMENT OR INFORMATION THROUGH CINEMA, THEATER, RADIO, 


TELEVISION OR OTHER MEDIA WHERE IT IS ESSENTIAL: PROVIDED, THE 
EMPLOYMENT CONTRACT IS CONCLUDED BY THE CHILDREN'S PARENTS OR 
LEGAL GUARDIAN, WITH THE EXPRESS AGREEMENT OF THE CHILDREN 
CONCERNED, IF POSSIBLE, AND THE APPROVAL OF THE DOLE: AND PROVIDED, 
THAT THE FOLLOWING REQUIREMENTS IN ALL INSTANCES ARE STRICTLY 
COMPLIED WITH: 
(a) 
THE EMPLOYER SHALL ENSURE THE PROTECTION, HEALTH, SAFETY, 
MORALS AND NORMAL DEVELOPMENT OF THE CHILD; 
(b) 
THE EMPLOYER SHALL INSTITUTE MEASURES TO PREVENT THE CHILD'S 
EXPLOITATION OR DISCRIMINATION TAKING INTO ACCOUNT THE SYSTEM 
AND LEVEL OF REMUNERATION, AND THE DURATION AND ARRANGEMENT 
OF WORKING TIME; AND 
(c) 
THE EMPLOYER SHALL FORMULATE AND IMPLEMENT, SUBJECT TO THE 
APPROVAL AND 
SUPERVISION OF COMPETENT AUTHORITIES, A 
CONTINUING PROGRAM FOR TRAINING AND SKILLS ACQUISITION OF THE 
CHILD. 
(3) 
CHILDREN BELOW EIGHTEEN (18) YEARS OF AGE MAY BE EMPLOYED AS 
MODELS IN COMMERCIALS OR ADVERTISEMENTS, PROVIDED, THAT CHILDREN 
SHALL NOT APPEAR IN COMMERCIALS OR ADVERTISEMENTS PROMOTING 
ALCOHOLIC BEVERAGES, INTOXICATING DRINKS, TOBACCO AND ITS 
BYPRODUCTS AND VIOLENCE. 
 
IN THE EXCEPTIONAL CASES IN PARAGRAPHS 2 AND 3, WHERE SUCH CHILDREN 
MAY BE EMPLOYED, EMPLOYERS SHALL FIRST SECURE, BEFORE ENGAGING 
SUCH CHILDREN, A WORK PERMIT FROM THE DOLE WHICH SHALL ENSURE 
OBSERVANCE OF THE ABOVE REQUIREMENTS. 
 
THE  DOLE SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR 
THE EFFECTIVE IMPLEMENTATION OF THIS SECTION. 
(b) (4) Any person fifteen (15) and BELOW 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 PURSUANT TO REPUBLIC ACT NO. 
9231. 
 
(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 CONSIDERED AS WORST FORMS OF CHILD 
LABOR UNDER REPUBLIC ACT NO. 9231. (137a) 
 
 
Chapter II 
EMPLOYMENT OF DOMESTIC WORKERS 
 
ART. 112. NON-APPLICABILITY TO DOMESTIC WORKERS. DOMESTIC WORKERS 
SHALL BE COVERED BY R.A. NO. 10361. (new) 
 
Chapter III 
EMPLOYMENT OF HOMEWORKERS 
 
ART. 113. Coverage. This CHAPTER shall apply to persons who perform industrial 
homework for employers, OR contractors. (new) 
 
ART. 114. DEFINITIONS. AS USED IN THIS CHAPTER, THE FOLLOWING TERMS SHALL 
HAVE THE MEANINGS INDICATED HEREUNDER:  
 
(a) 
“INDUSTRIAL HOMEWORK” IS A SYSTEM OF PRODUCTION UNDER WHICH WORK 
FOR EMPLOYERS OR CONTRACTORS IS CARRIED OUT BY HOMEWORKERS AT 


THEIR HOME. MATERIALS MAY OR MAY NOT BE FURNISHED BY THE 
EMPLOYERS OR CONTRACTORS. IT DIFFERS FROM REGULAR FACTORY 
PRODUCTION PRINCIPALLY IN THAT, IT IS A DECENTRALIZED FORM OF 
PRODUCTION.. 
(b) 
“INDUSTRIAL HOMEWORKER” MEANS WORKERS ENGAGED IN INDUSTRIAL 
HOMEWORK. 
(c) 
“HOME” MEANS ANY ROOM, HOUSE, APARTMENT OR OTHER PREMISES USED 
REGULARLY, IN WHOLE OR IN PART, AS DWELLING PLACE, EXCEPT THOSE 
SITUATED WITHIN THE PREMISES OR COMPOUND OF EMPLOYERS OR 
CONTRACTORS AND THE WORK PERFORMED THEREIN IS UNDER THE ACTIVE 
OR PERSONAL SUPERVISION BY OR FOR THE LATTER.  
(d) 
“EMPLOYERS” ARE NATURAL OR ARTIFICIAL PERSONS WHO, FOR THEIR OWN 
ACCOUNT OR BENEFIT, OR ON BEHALF OF ANY PERSON RESIDING OUTSIDE 
THE PHILIPPINES, DIRECTLY OR INDIRECTLY, OR THROUGH ANY EMPLOYEE, 
AGENT, OR ANY OTHER PERSON: 
(1) 
DELIVER OR CAUSE 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 THEIR DIRECTION; OR 
(2) 
SELL ANY GOODS, ARTICLES OR MATERIALS FOR THE PURPOSE OF 
HAVING SUCH GOODS OR ARTICLES PROCESSED IN OR ABOUT A HOME 
AND THEN REPURCHASES THEM THEMSELVES OR THROUGH ANOTHER 
AFTER SUCH PROCESSING. 
(e) 
“CONTRACTOR” REFERS TO AN ARRANGEMENT WHEREBY A PRINCIPAL 
AGREES TO FARM OUT TO A CONTRACTOR THE PERFORMANCE OR 
COMPLETION OF A SPECIFIC JOB OR WORK WITHIN A DEFINITE OR 
PREDETERMINED PERIOD, REGARDLESS OF WHETHER SUCH JOB OR WORK IS 
TO BE PERFORMED OR COMPLETED WITHIN OR OUTSIDE THE PREMISES OF 
THE PRINCIPAL. 
(f) 
“PROCESSING” 
MEANS 
MANUFACTURING, 
FABRICATING, 
FINISHING, 
REPAIRING, ALTERING, PACKING, WRAPPING OR HANDLING IN ANY WAY 
CONNECTED WITH THE PRODUCTION OR PREPARATION OF AN ARTICLE OR 
MATERIAL. 
(g) 
“DEPARTMENT” MEANS THE DEPARTMENT OF LABOR AND EMPLOYMENT. (new) 
 
ART. 115. SELF-ORGANIZATION. HOMEWORKERS SHALL HAVE THE RIGHT TO FORM, 
JOIN OR ASSIST ORGANIZATIONS OF THEIR OWN CHOOSING, IN ACCORDANCE WITH 
LAW.  (new) 
 
ART. 116. REGISTRATION OF HOMEWORKERS’ ORGANIZATION. ANY APPLICANT 
HOMEWORKER 
ORGANIZATION 
OR 
ASSOCIATION 
SHALL 
ACQUIRE 
LEGAL 
PERSONALITY, AND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES GRANTED 
BY LAW TO LEGITIMATE LABOR ORGANIZATIONS UPON ISSUANCE OF THE 
CERTIFICATE OF REGISTRATION BASED ON THE FOLLOWING REQUIREMENTS:     
(a) 
PAYMENT OF REGISTRATION FEE AS DETERMINED BY THE DEPARTMENT;  
(b) 
THE NAMES OF ITS OFFICERS, THEIR ADDRESSES, THE PRINCIPAL ADDRESS 
OF 
THE 
HOMEWORKERS 
ORGANIZATION, 
THE 
MINUTES 
OF 
THE 
ORGANIZATIONAL MEETINGS AND THE LIST OF WORKERS WHO PARTICIPATED 
IN SUCH MEETINGS;  
(c) 
THE NAMES OF ALL ITS MEMBERS COMPRISING AT LEAST TWENTY PERCENT 
(20%) OF ALL THE WORKERS IN THE BARGAINING UNIT WHERE IT SEEKS TO 
OPERATE, IF APPLICABLE;  
(d) 
IF THE APPLICANT HAS BEEN IN EXISTENCE FOR ONE OR MORE YEARS, 
COPIES OF ITS ANNUAL FINANCIAL REPORTS; AND  


(e) 
FOUR COPIES OF THE CONSTITUTION AND BY-LAWS OF THE APPLICANT 
ORGANIZATION, THE MINUTES OF ITS ADOPTION OR RATIFICATION AND THE 
LIST OF MEMBERS WHO PARTICIPATED IN IT. (new) 
 
ART. 117. REGISTRATION OF EMPLOYERS AND CONTRACTORS. THE DEPARTMENT 
SHALL, AS SOON AS POSSIBLE, CONDUCT CONSULTATION MEETINGS WITH 
GOVERNMENT AGENCIES REQUIRING REGISTRATION OF EMPLOYERS AND 
DETERMINE IF THE DATA BEING SUPPLIED BY THE REGISTRATION FORMS OF SUCH 
AGENCIES ARE THE SAME AS OR SIMILAR TO THOSE NEEDED BY THE DEPARTMENT 
IN THE IMPLEMENTATION OF THIS REGULATIONS. IF THE REGISTRATION FORMS OF 
OTHER AGENCIES DO NOT PROVIDE THE DATA NEEDED BY DOLE, IT SHALL INQUIRE 
INTO THE POSSIBILITY OF ADOPTING A COMMON REGISTRATION FORM WITH 
OTHER AGENCIES THAT WILL PROVIDE THE DATA NEEDED BY ALL THE AGENCIES 
CONCERNED. 
 
IN THE CASE OF CONTRACTORS, HOWEVER, THE REGISTRATION SHALL BE 
PURSUANT TO DOLE D.O. No. 174-17. (new) 
 
ART. 118. PAYMENT FOR HOMEWORK. IMMEDIATELY UPON RECEIPT OF THE 
FINISHED GOODS OR ARTICLES, EMPLOYERS SHALL PAY THE HOMEWORKER OR 
THE CONTRACTOR, AS THE CASE MAY BE, FOR THE WORK PERFORMED LESS 
CORRESPONDING HOMEWORKERS’ SHARE OF SSS, THE PHILIPPINE HEALTH 
INSURANCE CORPORATION (PHILHEALTH), AND THE HOME DEVELOPMENT MUTUAL 
FUND OR PAG-IBIG, AND ECC PREMIUM CONTRIBUTIONS WHICH SHALL BE REMITTED 
BY THE EMPLOYERS OR CONTRACTORS TO THE APPROPRIATE AGENCIES WITH THE 
EMPLOYERS’ SHARE. HOWEVER, WHERE PAYMENT IS MADE TO A CONTRACTOR, 
THE HOMEWORKER SHALL LIKEWISE BE PAID IMMEDIATELY AFTER THE GOODS OR 
ARTICLES HAVE BEEN COLLECTED FROM THE WORKERS. (new) 
 
ART. 119. STANDARD RATES. AT THE INITIATIVE OF THE DEPARTMENT OR UPON 
PETITION OF ANY INTERESTED PARTY, THE SOLE OR THEIR AUTHORIZED 
REPRESENTATIVE SHALL ESTABLISH THE STANDARD OUTPUT RATE OR STANDARD 
MINIMUM RATE IN APPROPRIATE ORDERS FOR THE PARTICULAR WORK OR 
PROCESSING TO BE PERFORMED BY THE HOMEWORKERS.  
 
THE STANDARD OUTPUT RATES OR PIECE RATES SHALL BE DETERMINED 
THROUGH ANY OF THE FOLLOWING PROCEDURES:   
(A) 
TIME AND MOTION STUDIES; 
(B) 
AN INDIVIDUAL/COLLECTIVE AGREEMENT BETWEEN EMPLOYERS AND 
WORKERS 
AS 
APPROVED 
BY 
THE 
SOLE 
OR 
THEIR 
AUTHORIZED 
REPRESENTATIVE; 
(C) 
CONSULTATION WITH REPRESENTATIVES OF EMPLOYERS AND WORKERS 
ORGANIZATIONS IN A TRIPARTITE CONFERENCE CALLED BY THE SOLE.   
 
THE TIME AND MOTION STUDIES SHALL BE UNDERTAKEN BY THE REGIONAL OFFICE 
HAVING JURISDICTION OVER THE LOCATION OF THE PREMISES USED REGULARLY 
BY THE HOMEWORKERS. HOWEVER, WHERE THE JOB OPERATION OR ACTIVITY IS 
BEING LIKEWISE PERFORMED BY REGULAR FACTORY WORKERS AT THE FACTORY 
OR PREMISES OF EMPLOYERS, THE TIME AND MOTION STUDIES SHALL BE 
CONDUCTED BY THE REGIONAL OFFICE HAVING JURISDICTION OVER THE 
LOCATION OF THE MAIN UNDERTAKING OR BUSINESS OF EMPLOYERS. PIECE 
RATES ESTABLISHED THROUGH TIME AND MOTION STUDIES CONDUCTED AT THE 
FACTORY OR MAIN UNDERTAKING OF THE EMPLOYER SHALL BE APPLICABLE TO 
THE HOMEWORKERS PERFORMING THE SAME JOB ACTIVITY. THE STANDARD PIECE 


RATE SHALL BE ISSUED BY THE REGIONAL OFFICE WITHIN ONE MONTH AFTER A 
REQUEST HAS BEEN MADE AT SAID OFFICE.   
 
UPON REQUEST OF THE REGIONAL OFFICE, THE BUREAU OF WORKING 
CONDITIONS SHALL PROVIDE ASSISTANCE IN THE CONDUCT OF SUCH STUDIES. 
NON-COMPLIANCE WITH THE ESTABLISHED STANDARD RATES CAN BE THE 
SUBJECT OF COMPLAINT WHICH SHALL BE FILED AT THE REGIONAL OFFICE. (new) 
 
ART. 120. DEDUCTIONS. EMPLOYERS OR CONTRACTORS SHALL NOT MAKE ANY 
DEDUCTION FROM HOMEWORKERS’ EARNINGS FOR THE VALUE OF MATERIALS 
WHICH HAVE BEEN LOST, DESTROYED, SOILED OR OTHERWISE DAMAGED UNLESS 
THE FOLLOWING CONDITIONS ARE MET: 
(a) 
THE 
HOMEWORKERS 
CONCERNED 
ARE 
CLEARLY 
SHOWN 
TO 
BE 
RESPONSIBLE FOR THE LOSS OR DAMAGE; 
(b) 
THE HOMEWORKERS ARE GIVEN REASONABLE OPPORTUNITY TO SHOW 
CAUSE WHY DEDUCTIONS SHOULD NOT BE MADE; 
(c) 
THE AMOUNT OF SUCH DEDUCTION IS FAIR AND REASONABLE AND SHALL NOT 
EXCEED THE ACTUAL LOSS OR DAMAGE; AND  
(d) 
THE DEDUCTION IS MADE AT SUCH RATE THAT THE AMOUNT DEDUCTED DOES 
NOT EXCEED TWENTY PERCENT (20%) OF THE HOMEWORKER’S EARNINGS IN 
A WEEK. (new) 
 
ART. 121. CONDITIONS FOR PAYMENT OF WORK. 
(a) 
EMPLOYERS MAY REQUIRE HOMEWORKERS TO REDO THE WORK WHICH HAS 
BEEN IMPROPERLY EXECUTED WITHOUT HAVING TO PAY THE STIPULATED 
RATE AGAIN. 
(b) 
EMPLOYERS OR CONTRACTORS NEED NOT PAY HOMEWORKERS FOR ANY 
WORK WHICH HAS BEEN DONE ON GOODS AND ARTICLES WHICH HAVE BEEN 
RETURNED FOR REASONS ATTRIBUTABLE TO THE FAULT OF THE 
HOMEWORKER. (new) 
 
ART. 122. VISITORIAL AND ENFORCEMENT POWER. THE REGIONAL DIRECTOR IN 
ACCORDANCE WITH ART. 109 SHALL HAVE THE POWER TO ORDER AND ADMINISTER 
COMPLIANCE WITH THE PROVISIONS OF THE LAW AND REGULATIONS AFFECTING 
THE TERMS AND CONDITIONS OF EMPLOYMENT OF HOMEWORKERS AND SHALL 
HAVE THE JURISDICTION IN CASES INVOLVING VIOLATIONS OF THIS CODE, ANY 
LABOR LAW, WAGE ORDER OR RULES AND REGULATIONS ISSUED PURSUANT TO 
THIS ARTICLE. 
 
COMPLAINTS FOR VIOLATIONS OF LABOR STANDARDS AND THE TERMS AND 
CONDITIONS OF EMPLOYMENT INVOLVING MONEY CLAIMS OF HOMEWORKERS IN 
AN AMOUNT OF NOT MORE THAN FIVE THOUSAND PESOS (P5,000.00) PER 
HOMEWORKER SHALL BE HEARD AND DECIDED BY THE REGIONAL DIRECTOR 
PURSUANT TO ART. 110. (new) 
 
ART. 123. DUTIES OF EMPLOYERS AND CONTRACTORS. WHENEVER EMPLOYERS 
CONTRACT WITH ANOTHER FOR THE PERFORMANCE OF THE EMPLOYER’S WORK, 
IT SHALL BE THE DUTY OF SUCH EMPLOYERS TO PROVIDE IN SUCH CONTRACT 
THAT THE EMPLOYEES OR HOMEWORKERS OF THE CONTRACTOR SHALL BE PAID 
IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE. IN THE EVENT THAT THE 
CONTRACTORS FAIL TO PAY THE WAGES OR EARNINGS OF THEIR EMPLOYEES OR 
HOMEWORKERS AS SPECIFIED IN THIS RULE, SUCH EMPLOYERS SHALL BE JOINTLY 
AND SEVERALLY LIABLE WITH THE CONTRACTORS TO THE WORKERS OF THE 
LATTER, TO THE EXTENT THAT SUCH WORK IS PERFORMED UNDER SUCH 


CONTRACT, IN THE SAME MANNER AS IF THE EMPLOYEES OR HOMEWORKERS 
WERE DIRECTLY ENGAGED BY THE EMPLOYERS. THE EMPLOYERS, OR 
CONTRACTORS, AS THE CASE MAY BE, SHALL ASSIST THE HOMEWORKERS IN THE 
MAINTENANCE OF BASIC SAFE AND HEALTHFUL WORKING CONDITIONS AT THE 
HOMEWORKERS’ PLACE OF WORK. (new) 
 
ART. 124. EMPLOYMENT OF CHILDREN AS HOMEWORKERS. THE PROVISIONS 
GOVERNING THE EMPLOYMENT OF MINORS UNDER THIS CODE AS WELL AS THE 
PROVISIONS ON WORKING CHILDREN UNDER REPUBLIC ACT NO. 9231 SHALL 
GOVERN THE EMPLOYMENT OF CHILDREN AS HOMEWORKERS. (new) 
 
ART. 125. PROHIBITIONS FOR HOMEWORK. NO HOMEWORK SHALL BE PERFORMED 
ON THE FOLLOWING:  
(1) 
EXPLOSIVES, FIREWORKS AND ARTICLES OF LIKE CHARACTER;  
(2) 
DRUGS AND POISONS; AND  
(3) 
OTHER ARTICLES, THE PROCESSING OF WHICH REQUIRES EXPOSURE TO 
TOXIC SUBSTANCES. (new) 
 
ART. 126. ASSISTANCE TO REGISTERED HOMEWORKERS’ ORGANIZATIONS, 
EMPLOYERS, AND CONTRACTORS. THE REGIONAL OFFICE SHALL PROVIDE 
TECHNICAL ASSISTANCE TO REGISTERED HOMEWORKERS’ ORGANIZATIONS, 
EMPLOYERS, AND CONTRACTORS RELATIVE TO THE FOLLOWING:  
(a) 
INFORMATION ON WAGES AND OTHER BENEFITS; 
(b) 
CONDUCT OF TIME AND MOTION STUDIES TO ENSURE FAIR AND REASONABLE 
OUTPUT RATES; 
(c) 
SKILLS TRAINING; 
(d) 
MAINTENANCE OF SAFE AND HEALTHFUL CONDITIONS AT THE WORKPLACE. 
(e) 
INFORMATION ON ENTITLEMENT TO SOCIAL SECURITY AND EMPLOYEES’ 
COMPENSATION BENEFITS; 
(f) 
FACILITATION OF LOANS WITH GOVERNMENT AND NON-GOVERNMENT 
FINANCIAL INSTITUTIONS; AND 
(g) 
INFORMATION ON HOW TO AVAIL THEMSELVES OF HOUSING PROGRAMS 
UNDER PAG-IBIG. (new) 
 
Chapter IV 
EMPLOYMENT OF NIGHT WORKERS 
 
Art. 127. 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 SOLE, 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 and Employment SOLE after consulting the workers' representatives/labor 
organizations and employers. (154a) 
 
Art. 128. 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 night workers; 
(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. (155) 
 
Art. 129. 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, 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 AND SUCH OTHER ADEQUATE OR 
REASONABLE FACILITIES AS MAY BE provided by the DOLE. (156a) 
 
Art. 130. 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 workerS 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. (157a) 
 
Art. 131. 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: 
(1) 
A woman worker WOMEN WORKERS 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. 
(2) 
A woman worker WOMEN WORKERS shall not lose the benefits regarding her THEIR 
status, seniority, and access to promotion which may attach to her THEIR 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 leave the effect of reducing the protection and benefits 
connected with maternity leave under existing laws. (158a) 
 
Art. 132. Compensation. The compensation for night workers in the form of working time, 
pay or similar benefits shall recognize the exceptional nature of night work. (159) 
 
Art. 133. Social Services. Appropriate social services shall be provided for night workers 
and, where necessary, for workers performing night work. (160) 
 
Art. 134. Night Work Schedules. Before introducing work schedules requiring the services 
of night workers, the employer EMPLOYERS shall consult the workers' representatives/labor 
organizations concerned on the details of such schedules and the forms of organization of 
night work that are best adapted to the establishment and its personnel, as well as on the 
occupational health measures and social services which are required. In establishments 
employing night workers, consultation shall take place regularly. (161a) 
 
Chapter V 
Handicapped Workers EMPLOYMENT OF WORKERS WITH DISABILITIES 
Art. 135. Definition OF TERMS. Handicapped workers are those whose earning capacity is 
impaired by age or physical or mental deficiency or injury. FOR PURPOSES OF THIS ACT, 
THESE TERMS ARE DEFINED AS FOLLOWS: 
 
(a) 
DISABLED PERSONS “WORKERS WITH DISABILITY” ARE THOSE SUFFERING 
FROM RESTRICTION OF DIFFERENT ABILITIES, AS A RESULT OF A MENTAL, 
PHYSICAL OR SENSORY IMPAIRMENT, TO PERFORM AN ACTIVITY IN THE 
MANNER OR WITHIN THE RANGE CONSIDERED NORMAL FOR A HUMAN BEING; 
(b) 
“IMPAIRMENT” 
IS 
ANY 
LOSS, 
DIMINUTION 
OR 
ABERRATION 
OF 
PSYCHOLOGICAL, 
PHYSIOLOGICAL, 
OR 
ANATOMICAL 
STRUCTURE 
OR 
FUNCTION; 
(c) 
“DISABILITY” IS A CONDITION WHICH SHALL MEAN (1) AN PHYSICAL OR MENTAL 
IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE PSYCHOLOGICAL, 
PHYSIOLOGICAL OR ANATOMICAL FUNCTION OF AN INDIVIDUAL OR ACTIVITIES 
OF SUCH INDIVIDUAL; (2) A RECORD OF SUCH AN IMPAIRMENT; OR (3) BEING 
REGARDED AS HAVING SUCH AN IMPAIRMENT; 
(d) 
“HANDICAP” REFERS TO A DISADVANTAGE FOR A GIVEN INDIVIDUAL 
RESULTING FROM AN IMPAIRMENT, THAT LIMITS OR PREVENTS THE 
FUNCTIONS OR ACTIVITY, THAT IS CONSIDERED NORMAL GIVEN THE AGE, SEX 
AND GENDER OF THE INDIVIDUAL. (78a) 
 
ART. 136.  EQUAL OPPORTUNITY FOR EMPLOYMENT. NO PERSON WORKER WITH 
DISABILITY SHALL BE DENIED ACCESS TO OPPORTUNITIES FOR SUITABLE 
EMPLOYMENT. A QUALIFIED EMPLOYEES WITH DISABILITY SHALL BE SUBJECTED 
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 
TAKING 
INTO 
CONSIDERATION THE CONCEPT OF UNIVERSAL DESIGN AS DEFINED BY THE UNITED 
NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITY. 
 
QUALIFIED WORKERS WITH DISABILITY SHALL MEAN INDIVIDUALS WITH DISABILITY 
WHO WITH REASONABLE ACCOMMODATIONS CAN PERFORM THE ESSENTIAL 
FUNCTIONS OF THE EMPLOYMENT POSITION THAT SUCH INDIVIDUALS HOLD OR 
DESIRE. EMPLOYERS SHALL BE REQUIRED TO PREPARE A WRITTEN DESCRIPTION 
OF ESSENTIAL FUNCTIONS OF THE JOB AND ADVERTISE THE SAME WHICH SHALL 
BE THE BASIS FOR SELECTION AND HIRING OF APPLICANTS. 
 


AT LEAST ONE PERCENT (1%) OF ALL POSITIONS IN ALL GOVERNMENT AGENCIES, 
OFFICES OR CORPORATIONS SHALL BE RESERVED FOR PERSONS WORKERS 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. 
 
FOR PURPOSES OF THIS ARTICLE, PERSONS WITH DISABILITIES INCLUDE THOSE 
WHO HAVE LONG-TERM PHYSICAL, MENTAL, INTELLECTUAL, OR SENSORY 
IMPAIRMENTS WHICH IN INTERACTION WITH VARIOUS BARRIERS MAY HINDER 
THEIR FULL AND EFFECTIVE PARTICIPATION IN SOCIETY ON AN EQUAL BASIS WITH 
OTHERS. 
 
PERSONS WITH DISABILITIES ARE ALSO ELIGIBLE AS APPRENTICES DEPENDING ON 
THE SKILLS AND CAPACITY TO PERFORM THE NEEDED JOB FUNCTIONS OF THE 
EMPLOYER. HOWEVER, ASSESSMENT OF THEIR CAPACITIES AND SKILLS SHALL BE 
CONDUCTED BY DSWD OR TESDA AS THE CASE MAY BE IN ORDER TO DETERMINE 
THE QUALIFICATIONS AND FITNESS OF THE PERSONS WITH DISABILITIES, 
PROVIDED FURTHER THAT AFTER THE LAPSE OF THE PERIOD OF APPRENTICESHIP, 
IF FOUND SATISFACTORY IN THE JOB PERFORMANCE, THEY SHALL BE ELIGIBLE 
FOR REGULAR EMPLOYMENT. (new) 
 
ART. 137.  APPLICABILITY OF THE MAGNA CARTA FOR DISABLED PERSONS. ALL 
OTHER PROVISIONS OF REPUBLIC ACT NO. 7277, AS AMENDED, WHICH ARE NOT 
INCONSISTENT HEREWITH ARE DEEMED ADOPTED. (new) 
 
Title VI 
Workers with Family Responsibilities 
 
Chapter I 
Facilities for Workers with Family Responsibilities 
 
Art. 138. Facilities for Women WORKERS. The Secretary of Labor and Employment SOLE 
shall establish standards that will ensure the safety and health of women employees. In 
appropriate cases, he shall, by regulations, require any employer to: 
(a) 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;  
(b) To establish separate toilet rooms and lavatories for men and women and provide at least 
a dressing room for women;  
(c) To THE EMPLOYERS SHALL BE REQUIRED TO establish a nursery in a workplace for 
the benefit of women employees therein; and 
(d) To determine appropriate minimum age and other standards for retirement or termination 
in special occupations such as those of flight attendants and the like. (130a) 
 
Art. 139. Family Planning Services; Incentives for Family Planning. 
(a) 
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 FAMILY 
PLANNING DEVICES. 
(b) 
In coordination with other agencies of the government engaged in the promotion of 
family planning, the Department of Labor and Employment DOLE shall develop and 
prescribe incentive bonus schemes to encourage family planning among workers in any 
establishment or enterprise. (132a) 
 


ART. 140. ESTABLISHMENT OF LACTATION STATIONS. IT IS HEREBY MANDATED 
THAT 
ALL 
HEALTH 
AND 
NON-HEALTH 
FACILITIES, 
ESTABLISHMENTS 
OR 
INSTITUTIONS SHALL ESTABLISH LACTATION STATIONS. THE LACTATION STATIONS 
SHALL BE ADEQUATELY PROVIDED WITH THE NECESSARY EQUIPMENT AND 
FACILITIES, SUCH AS: LAVATORY FOR HAND-WASHING, UNLESS THERE IS AN 
EASILY-ACCESSIBLE LAVATORY NEARBY; REFRIGERATION OR APPROPRIATE 
COOLING FACILITIES FOR STORING EXPRESSED BREASTMILK; ELECTRICAL 
OUTLETS FOR BREAST PUMPS; A SMALL TABLE; COMFORTABLE SEATS; AND OTHER 
ITEMS, THE STANDARDS OF WHICH SHALL BE DEFINED BY THE DEPARTMENT OF 
HEALTH. THE LACTATION STATION SHALL NOT BE LOCATED IN THE TOILET. 
 
IN ADDITION, ALL HEALTH AND NON-HEALTH FACILITIES, ESTABLISHMENTS OR 
INSTITUTIONS SHALL TAKE STRICT MEASURES TO PREVENT ANY DIRECT OR 
INDIRECT FORM OF PROMOTION, MARKETING, AND/OR SALES OF INFANT FORMULA 
AND/OR BREASTMILK SUBSTITUTES WITHIN THE LACTATION STATIONS, OR IN ANY 
EVENT OR CIRCUMSTANCES WHICH MAY BE CONDUCIVE TO THE SAME. 
 
APART FROM THE SAID MINIMUM REQUIREMENTS, ALL HEALTH AND NON-HEALTH 
FACILITIES, ESTABLISHMENTS OR INSTITUTIONS MAY PROVIDE OTHER SUITABLE 
FACILITIES OR SERVICES WITHIN THE LACTATION STATION, ALL OF WHICH, UPON 
DUE SUBSTANTIATION, SHALL BE CONSIDERED ELIGIBLE FOR PURPOSES OF 
SECTION 14 OF THIS ACT REPUBLIC ACT NO. 7600, AS AMENDED. (new) 
 
Chapter II 
Workers’ Leaves 
 
ART. 141. PATERNITY LEAVE. NOTWITHSTANDING ANY LAW, RULES AND 
REGULATIONS TO THE CONTRARY, EVERY MARRIED MALE EMPLOYEES IN 
THE PRIVATE AND PUBLIC SECTORS SHALL BE ENTITLED TO A PATERNITY LEAVE OF 
AT LEAST SEVEN (7) DAYS WITH FULL PAY FOR THE FIRST FOUR (4) DELIVERIES 
OF THE LEGITIMATE SPOUSE WITH WHOM HE IS THEY ARE COHABITING; PROVIDED, 
THAT WHERE THE EMPLOYEES ARE NOT MARRIED, THEY SHOULD AT LEAST BE 
COHABITING WITH THE OTHER AS PARTNER FOR AT LEAST FIVE (5) YEARS. THE 
MALE EMPLOYEES 
APPLYING 
FOR 
PATERNITY 
LEAVE 
SHALL 
NOTIFY 
HIS 
EMPLOYERS OF THE PREGNANCY OF HIS THEIR LEGITIMATE SPOUSE OR PARTNER 
AND THE EXPECTED DATE OF SUCH DELIVERY. 
 
  
FOR PURPOSES OF THIS ACTPROVISION, DELIVERY SHALL INCLUDE CHILDBIRTH OR 
ANY MISCARRIAGE. (new) 
 
ART. 142. PARENTAL LEAVE. IN ADDITION TO OTHER LEAVE PRIVILEGES BENEFITS 
UNDER EXISTING LAWS, PARENTAL LEAVE OF NOT MORE THAN AT LEAST SEVEN (7) 
WORKING DAYS EVERY YEAR SHALL BE GRANTED TO ANY SOLO PARENT 
EMPLOYEES WHO HASHAVE RENDERED SERVICE OF AT LEAST ONE (1) YEAR. THE 
SEVEN-DAY PARENTAL LEAVE SHALL BE NON-CUMULATIVE. 
 
"PARENTAL LEAVE" SHALL BE GRANTED TO ENABLE EMPLOYEES TO PERFORM 
PARENTAL DUTIES AND RESPONSIBILITIES WHERE PHYSICAL PRESENCE IS 
REQUIRED. (new) 
 
ART. 143. PARENTAL LEAVE FOR ADOPTERS. PERSONS WHO HAVE LEGALLY 
ADOPTED A MINOR, SHALL, AFTER THE ISSUANCE OF THE PRE-ADOPTION 
PLACEMENT AUTHORITY ISSUED BY THE DEPARTMENT OF SOCIAL WELFARE AND 
DEVELOPMENT (DSWD), BE ENTITLED TO THIRTY (30) DAYS OF PARENTAL LEAVE: 
PROVIDED, THAT, IF ADOPTIVE PARENTS ALSO QUALIFY FOR LEAVE BENEFITS 


UNDER REPUBLIC ACT NO. 8552, “THE DOMESTIC ADOPTION ACT OF 1998,” THE 
LEAVE BENEFIT WITH THE HIGHER NUMBER OF DAYS SHALL APPLY. (new) 
 
ART. 144. FLEXIBLE WORK SCHEDULE. EMPLOYERS SHALL PROVIDE FOR A 
FLEXIBLE WORKING SCHEDULE FOR EMPLOYEES; PROVIDED, THAT THE SCHEDULE 
SHALL NOT AFFECT INDIVIDUAL AND COMPANY PRODUCTIVITY. 
 
"FLEXIBLE WORK SCHEDULE" IS THE RIGHT GRANTED TO VARY EMPLOYEES’ 
ARRIVAL AND DEPARTURE TIME WITHOUT AFFECTING THE CORE WORK HOURS AS 
DEFINED BY EMPLOYERS. (new) 
 
ART. 145. LEAVES FOR VICTIMS OF VIOLENCE. VICTIMS OF VIOLENCE UNDER THIS 
REPUBLIC ACT NO. 9262 SHALL BE ENTITLED TO TAKE A PAID LEAVE OF ABSENCE UP 
TO TEN (10) DAYS IN ADDITION TO OTHER PAID LEAVES UNDER THE LABOR   THIS 
CODE AND CIVIL SERVICE RULES AND REGULATIONS, EXTENDIBLE WHEN THE 
NECESSITY ARISES AS SPECIFIED IN THE PROTECTION ORDER. 
 
ANY EMPLOYERS WHO SHALL PREJUDICE THE RIGHT OF THE PERSONS UNDER THIS 
SECTION PROVISION SHALL BE PENALIZED IN ACCORDANCE WITH THE PROVISIONS 
OF THE LABOR THIS CODEAND CIVIL SERVICE RULES AND REGULATIONS. LIKEWISE, 
AN EMPLOYERS WHO SHALL PREJUDICE ANY PERSONS FOR ASSISTING A CO-
EMPLOYEES WHO IS A ARE VICTIMS UNDER THIS ACTREPUBLIC ACT NO. 9262 SHALL 
LIKEWISE BE LIABLE FOR DISCRIMINATION. (new) 
 
ART. 146. REPRODUCTIVE LEAVE. A WOMAN EMPLOYEES HAVING RENDERED 
CONTINUOUS AGGREGATE EMPLOYMENT SERVICE OF AT LEAST SIX (6) MONTHS 
FOR THE LAST TWELVE (12) MONTHS SHALL BE ENTITLED TO A SPECIAL LEAVE 
BENEFIT OF TWO (2) MONTHS WITH FULL PAY BASED ON HER THE GROSS MONTHLY 
COMPENSATION 
FOLLOWING 
SURGERY 
CAUSED 
BY 
GYNECOLOGICAL 
REPRODUCTIVE DISORDERS, AS CERTIFIED BY A COMPETENT PUBLIC PHYSICIAN. 
(new) 
 
CHAPTER III 
PREGNANT AND NURSING WORKERS 
 
ART. 147. FACILITIES FOR NURSING WORKERS. EMPLOYERS SHALL BE REQUIRED 
TO ESTABLISH A NURSERY IN A WORKPLACE FOR THE BENEFIT OF THE WOMEN 
EMPLOYEES THEREIN. (130) 
 
ART. 
148. 
LACTATION 
PERIODS. 
NURSING 
EMPLOYEES 
WITH 
CHILD 
RESPONSIBILITY, WHETHER MALE OR FEMALE, SHALL BE GRANTED BREAK 
INTERVALS IN ADDITION TO THE REGULAR TIME-OFF FOR MEALS TO FEED OR 
BREASTFEED A CHILD OR TO EXPRESS MILK. THESE INTERVALS, WHICH SHALL 
INCLUDE THE TIME IT TAKES AN EMPLOYEE TO GET TO AND FROM THE WORKPLACE 
LACTATION STATION, SHALL BE COUNTED AS COMPENSABLE HOURS WORKED. THE 
DEPARTMENT 
OF 
LABOR 
AND 
EMPLOYMENT 
DOLE 
MAY 
ADJUST 
THE 
SAME: PROVIDED, THAT SUCH INTERVALS SHALL NOT BE LESS THAN A TOTAL OF 
FORTY (40) MINUTES FOR EVERY EIGHT (8)-HOUR WORKING PERIOD. (new) 
 
ART. 149. PROTECTION OF PREGNANT OR NURSING WORKERS. PREGNANT OR 
NURSING WORKERS SHOULD NOT BE OBLIGED TO WORK ON A REST DAY, RENDER 
NIGHT WORK OR OVERTIME WORK IF A MEDICAL CERTIFICATE DECLARES SUCH 
WORK TO BE INCOMPATIBLE WITH THEIR PREGNANCY OR NURSING. (new) 
 


ART. 150. ALTERNATIVE WORK FOR NURSING WORKERS. WHERE WORK HAS BEEN 
DETERMINED BY COMPETENT AUTHORITY TO BE PREJUDICIAL TO THE HEALTH OF 
THE WORKER OR THE CHILD, OR WHERE AN ASSESSMENT HAS ESTABLISHED A 
SIGNIFICANT RISK TO THE WORKER'S HEALTH OR THAT OF THEIR CHILD, 
EMPLOYERS SHOULD PROVIDE MEASURES ON THE BASIS OF A MEDICAL 
CERTIFICATE AS APPROPRIATE, AN ALTERNATIVE TO SUCH WORK IN THE FORM OF: 
(a) 
ELIMINATION OF RISK; 
(b) 
AN ADAPTATION OF THEIR CONDITIONS OF WORK; 
(c) 
A TRANSFER TO ANOTHER POST, WITHOUT LOSS OF PAY, WHEN SUCH AN 
ADAPTATION IS NOT FEASIBLE; OR 
(d) 
PAID LEAVE, IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE. 
 
MEASURES REFERRED TO ABOVE SHOULD BE TAKEN IN RESPECT OF THE 
FOLLOWING: 
 
(a) 
ARDUOUS WORK INVOLVING THE MANUAL LIFTING, CARRYING, PUSHING OR 
PULLING OF LOADS; 
(b) 
WORK INVOLVING EXPOSURE TO BIOLOGICAL, CHEMICAL OR PHYSICAL 
AGENTS WHICH REPRESENT A REPRODUCTIVE HEALTH HAZARD; 
(c) 
WORK REQUIRING SPECIAL EQUILIBRIUM; OR 
(d) 
WORK INVOLVING PHYSICAL STRAIN DUE TO PROLONGED PERIODS OF 
SITTING OR STANDING, TO EXTREME TEMPERATURES, OR TO VIBRATION. (new) 
 
Art. 151. 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 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. 
 
FEMALE MEMBERSWORKERS WHO HAVE PAID AT LEAST THREE (3) MONTHLY 
CONTRIBUTIONS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE 
SEMESTER OF THEIR CHILDBIRTH OR MISCARRIAGE SHALL BE PAID A DAILY 
MATERNITY BENEFIT EQUIVALENT TO ONE HUNDRED PERCENT (100%) OF THEIR 
AVERAGE DAILY SALARY CREDIT FOR SIXTY (60) DAYS OR SEVENTY-EIGHT (78) DAYS 
IN CASE OF CAESARIAN DELIVERY, SUBJECT TO THE FOLLOWING CONDITIONS: 
(a) 
THAT THE EMPLOYEES SHALL HAVE NOTIFIED THEIR EMPLOYERS OF THEIR 
PREGNANCY AND THE PROBABLE DATE OF THEIR CHILDBIRTH, WHICH NOTICE 
SHALL BE TRANSMITTED TO THE SSS IN ACCORDANCE WITH THE RULES AND 
REGULATIONS IT MAY PROVIDE;  
(b) 
THE FULL PAYMENT SHALL BE ADVANCED BY THE EMPLOYERS WITHIN THIRTY 
(30) DAYS FROM THE FILING OF THE MATERNITY LEAVE APPLICATION; 
(c) 
THAT THE MATERNITY BENEFITS PROVIDED UNDER THIS PROVISION SHALL BE 
PAID ONLY FOR THE FIRST FOUR (4) DELIVERIES OR MISCARRIAGES; 
(d) 
THAT THE SSS SHALL IMMEDIATELY REIMBURSE THE EMPLOYERS OF ONE 
HUNDRED PERCENT (100%) OF THE AMOUNT OF MATERNITY BENEFITS 


ADVANCED TO THE EMPLOYEES BY THE EMPLOYERS UPON RECEIPT OF 
SATISFACTORY PROOF OF SUCH PAYMENT AND LEGALITY THEREOF; AND 
(e) 
THAT IF THE EMPLOYEE MEMBERS SHOULD GIVE BIRTH OR SUFFER 
MISCARRIAGE WITHOUT THE REQUIRED CONTRIBUTIONS HAVING BEEN 
REMITTED FOR THEM BY THEIR EMPLOYERS TO THE SSS, OR WITHOUT THE 
LATTER HAVING BEEN PREVIOUSLY NOTIFIED BY THE EMPLOYERS OF THE 
TIME OF THE PREGNANCY, THE EMPLOYERS SHALL PAY TO THE SSS DAMAGES 
EQUIVALENT TO THE BENEFITS WHICH SAID EMPLOYEE MEMBERS WOULD 
OTHERWISE HAVE BEEN ENTITLED TO. 
 
IN CASE THE EMPLOYEES QUALIFIES QUALIFY AS A SOLO PARENTS UNDER 
REPUBLIC ACT NO. 8972, OR THE SOLO PARENTS’ WELFARE ACT, THE EMPLOYEE 
THEY SHALL BE PAID THE DAILY MATERNITY BENEFIT FOR ONE HUNDRED AND 
FIFTY (150) DAYS.  
 
AN ADDITIONAL MATERNITY LEAVE OF THIRTY (30) DAYS, WITHOUT PAY, CAN BE 
AVAILED OF, AT THE OPTION OF THE FEMALE WORKERS AS LONG AS THE HEAD OF 
THE AGENCY SHALL BE GIVEN DUE NOTICE, IN WRITING, AT LEAST FORTY-FIVE (45) 
DAYS BEFORE THE END OF THEIR ORDINARY MATERNITY LEAVE.  
 
WORKERS AVAILING OF THE MATERNITY LEAVE PERIOD AND BENEFITS MUST 
RECEIVE NOT LESS THAN TWO THIRDS (2/3) OF THEIR REGULAR MONTHLY WAGES. 
EMPLOYERS FROM THE PRIVATE SECTOR SHALL BE RESPONSIBLE FOR PAYMENT 
OF THE SALARY DIFFERENTIAL BETWEEN THE ACTUAL CASH BENEFITS RECEIVED 
FROM THE SOCIAL SECURITY SYSTEM (SSS) BY THE COVERED FEMALE WORKERS 
AND THEIR AVERAGE WEEKLY OR REGULAR WAGES, FOR THE ENTIRE DURATION 
OF THE ORDINARY MATERNITY LEAVE, WITH THE FOLLOWING EXCEPTIONS, 
SUBJECT TO THE GUIDELINES TO BE ISSUED BY THE DEPARTMENT OF LABOR AND 
EMPLOYMENT (DOLE):  
(a) 
THOSE OPERATING DISTRESSED ESTABLISHMENTS;  
(b) 
THOSE RETAIL/SERVICE ESTABLISHMENTS EMPLOYING NOT MORE THAN TEN 
(10) WORKERS;  
(c) 
THOSE CONSIDERED AS MICRO-BUSINESS ENTERPRISES AND ENGAGED IN 
THE PRODUCTION, PROCESSING, OR MANUFACTURING OF PRODUCTS OR 
COMMODITIES INCLUDING AGRO-PROCESSING, TRADING, AND SERVICES, 
WHOSE TOTAL ASSETS ARE NOT 11 MORE THAN THREE MILLION PESOS 
(P3,000,000.00); AND  
(d) 
THOSE WHO ARE ALREADY PROVIDING SIMILAR OR MORE THAN THE BENEFITS 
HEREIN PROVIDED. (131a) 
 
ART. 152. NON-TRANSFERABILITY OF BENEFITS. THE SSS SHALL PROMPTLY PAY 
THE BENEFITS PROVIDED IN THIS ACT CODE TO SUCH PERSONS AS MAY BE 
ENTITLED THERETO IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT 
CODE: PROVIDED, THAT THE SSS SHALL PAY THE RETIREMENT BENEFITS ON THE 
DAY OF CONTINGENCY TO QUALIFIED MEMBERS WHO HAVE SUBMITTED THE 
NECESSARY DOCUMENTS AT LEAST SIX (6) MONTHS BEFORE: PROVIDED, FURTHER, 
THAT THE BENEFICIARYIES WHO IS AARE NATIONALS OF A FOREIGN COUNTRYIES 
WHICH DO NOT EXTEND BENEFITS TO A FILIPINO BENEFICIARYIES RESIDING IN THE 
PHILIPPINES, OR WHICH ARE NOT RECOGNIZED BY THE PHILIPPINES, SHALL NOT BE 
ENTITLED TO RECEIVE ANY BENEFIT UNDER THIS ACT CODE: PROVIDED, FURTHER, 
THAT NOTWITHSTANDING THE FOREGOING, WHERE THE BEST INTEREST OF THE 
SSS WILL BE SERVED, THE COMMISSION MAY DIRECT PAYMENTS WITHOUT REGARD 
TO NATIONALITY OR COUNTRY OF RESIDENCE: PROVIDED, FURTHER, THAT IF THE 
RECIPIENTS ARE MINORS OR PERSONS INCAPABLE OF ADMINISTERING THEIR OWN 
AFFAIRS, THE COMMISSION SHALL APPOINT REPRESENTATIVES UNDER SUCH 


TERMS AND CONDITIONS AS IT MAY DEEM PROPER: PROVIDED, FURTHER, THAT 
SUCH APPOINTMENT SHALL NOT BE NECESSARY IN CASE THE RECIPIENTS ARE 
UNDER THE CUSTODY OF OR LIVING WITH THE PARENTS OR SPOUSE OF THE 
MEMBERS IN WHICH CASE THE BENEFITS SHALL BE PAID TO SUCH PARENTS OR 
SPOUSE, AS REPRESENTATIVE PAYEES OF THE RECIPIENTS. SUCH BENEFITS ARE 
NOT TRANSFERABLE AND NO POWER OF ATTORNEY OR OTHER DOCUMENT 
EXECUTED BY THOSE ENTITLED THERETO IN FAVOR OF ANY AGENT, ATTORNEY OR 
ANY OTHER PERSON FOR THE COLLECTION THEREOF ON THEIR BEHALF SHALL BE 
RECOGNIZED, EXCEPT WHEN THEY ARE PHYSICALLY UNABLE TO COLLECT 
PERSONALLY SUCH BENEFITS: PROVIDED, FURTHER, THAT IN CASE OF DEATH 
BENEFITS, IF NO BENEFICIARY QUALIFIES UNDER THIS ACT, SAID BENEFITS SHALL 
BE PAID TO THE LEGAL HEIRS IN ACCORDANCE WITH THE LAW OF SUCCESSION. 
PROVIDED, FINALLY, THAT THIS BENEFIT IS OVER AND ABOVE THAT WHICH IS 
PROVIDED UNDER THIS CODE. (NEW) 
 
Book Four 
HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS 
 
Title I 
MEDICAL, DENTAL AND OCCUPATIONAL SAFETY 
 
Chapter I 
MEDICAL AND DENTAL SERVICES 
 
Art. 153. First-Aid Treatment. Every EmployerS shall keep in his THEIR establishment such 
first-aid medicines and equipment as the nature and conditions of work may require, in 
accordance with such regulations as the Department of Labor and Employment DOLE shall 
prescribe. 
 
The EmployerS shall take steps for the training of a sufficient number of employees in first-aid 
treatment. (162a) 
 
Art. 154. Emergency Medical and Dental Services. It shall be the duty of every employerS 
to furnish his THEIR employees in any locality with free medical and dental attendance and 
facilities consisting of: 
(a) 
The services of a full-time registered nurse when the number of employees exceeds fifty 
(50) but not more than two hundred (200) except when the employerS does not maintain 
hazardous workplaces, in which case, the services of a graduate first-aider shall be 
provided for the protection of workers, where no registered nurseS is ARE available. 
The Secretary of Labor and Employment SOLE shall provide by appropriate regulations 
the services that shall be required where the number of employees does not exceed fifty 
(50) and shall determine by appropriate order, hazardous workplaces for purposes of 
this ArticlePROVISION; 
(b) 
The services of a full-time registered nurse, a part-time physician and dentist, and an 
emergency clinic, when the number of employees exceeds two hundred (200) but not 
more than three hundred (300); and 
(c) 
The services of a full-time physician, dentist and a full-time registered nurse as well as 
a dental clinic and an infirmary or emergency hospital with one bed capacity for every 
one hundred (100) employees when the number of employees exceeds three hundred 
(300).  
 
In cases of hazardous workplaces, no employer shall engage the services of a physician or a 
dentist who cannot stay in the premises of the establishment for at least two (2) hours, in the 
case of those engaged on part-time basis, and not less than eight (8) hours, in the case of 
those employed on full-time basis. Where the undertaking is non-hazardous in nature, the 


physician and dentist may be engaged on retained basis, subject to such regulations as the 
Secretary of Labor and Employment SOLE may prescribe to insure immediate availability of 
medical and dental treatment and attendance in case of emergency. (163a) 
 
Art. 155. When Emergency Hospital Not Required. The requirement for an emergency 
hospital or dental clinic shall not be applicable in case there is a hospital or dental clinic which 
is accessible from the employer’s EMPLOYERS’ establishment and he THEY makes 
arrangements for the reservation therein of the necessary beds and dental facilities for the 
use of his THEIR employees. (164a) 
 
Art. 156. Health Program. The PhysicianS engaged by an employerS shall, in addition to his 
THEIR duties under this Chapter, develop and implement a comprehensive occupational 
health program for the benefit of the employees of his THEIR employerS. (165a) 
 
Art. 157. Qualifications of Health Personnel. The physicians, dentists and nurses employed 
by employers pursuant to this Chapter shall have the necessary training in industrial medicine 
and occupational safety and health. The Secretary of Labor and Employment SOLE, in 
consultation with industrial THE NATIONAL TRIPARTITE INDUSTRIAL PEACE COUNCIL 
(NTIPC), medical, and occupational safety and health associations, shall establish the 
qualifications, criteria and conditions of employment of such health personnel. (166a) 
 
Art. 158. Assistance of Employer. It shall be the duty of any employerS to provide all the 
necessary assistance TO INJURED OR SICK EMPLOYEES SUBJECT TO SUCH 
REGULATIONS AS THE SOLE MAY PROVIDE to ensure the adequate and immediate 
medical and dental attendance and treatment to an injured or sick employeeS in case of 
emergency. (167a) 
 
Chapter II  
OCCUPATIONAL HEALTH AND SAFETY 
 
Art. 159. Safety and Health Standards. The Secretary of Labor and Employment SOLE 
shall, by appropriate orders, set and enforce mandatory occupational safety and health 
standards to eliminate or reduce occupational safety and health hazards in all workplaces and 
institute new, and update existing, programs to ensure safe and healthful working conditions 
in all places of employment. (168a) 
 
Art. 160. Research. It shall be the responsibility of the Department of Labor and Employment 
DOLE to conduct continuing studies and research to develop innovative methods, techniques 
and approaches for dealing with occupational safety and health problems; to discover latent 
diseases by establishing causal connections between diseases and work in environmental 
conditions; and to develop medical criteria which will assure insofar as practicable that no 
employeeS will NOT suffer impairment or diminution in health, functional capacity, or life 
expectancy as a result of his THEIR work and working conditions. (169a) 
 
Art. 161. Training Programs. The Department of Labor and Employment DOLE shall develop 
and implement training programs to increase the number and competence of personnel in the 
field of occupational safety and industrial health. (170) 
 
Art. 162. Administration of Safety and Health Laws.  
(a) 
The Department of LaborDOLE shall be solely responsible for the administration and 
enforcement of occupational safety and health laws, regulations and standards in all 
establishments and workplaces wherever they may be located. However, chartered 
cities may be allowed to conduct industrial safety inspections of establishments within 
their respective jurisdictions where they have adequate facilities and competent 


personnel for the purpose as determined by the Department of Labor DOLE and subject 
to national standards established by the latter. 
(b) 
The Secretary of Labor SOLE may, through appropriate regulations, collect reasonable 
fees for the inspection of steam boilers, pressure vessels and pipings and electrical 
installations, the test and approval for safe use of materials, equipment and other safety 
devices and the approval of plans for such materials, equipment and devices. The fee 
so collected shall be deposited in the national treasury to the credit of the occupational 
safety and health fund and shall be expended exclusively for the administration and 
enforcement of safety and other labor laws administered by the Department of Labor 
DOLE. (171a) 
 
Title II 
EMPLOYEES COMPENSATION AND STATE INSURANCE FUND 
 
Chapter I  
POLICY AND DEFINITIONS 
 
ART. 163. Policy. THE STATE AFFIRMS LABOR AS A PRIMARY SOCIAL ECONOMIC 
FORCE. IT SEEKS TO IMPROVE THE QUALITY OF LIFE OF THE EMPLOYEES BY 
ENSURING EQUITABLE ACCESS TO ADEQUATE AND QUALITY SOCIAL SERVICES AND 
ASSETS. IT SHALL PROTECT THE RIGHTS OF THE WORKERS AND PROMOTE THEIR 
WELFARE, AND TOWARDS THIS END, SHALL: 
(1) 
BUILD AND SUSTAIN AMONG WORKERS AND EMPLOYERS THE OCCUPATIONAL 
HEALTH AND SAFETY PROGRAMS IN ORDER TO PREVENT AND MINIMIZE THE 
INCIDENCE OF WORK-CONNECTED INJURIES AND DISEASES;  
(2) 
ENSURE PROMPT AND ADEQUATE COMPENSATION FOR WORKERS AND THEIR 
DEPENDENTS IN THE EVENT OF WORK-CONNECTED DISABILITY OR DEATH; 
AND  
(3) 
PROVIDE OCCUPATIONALLY-DISABLED WORKERS WITH REHABILITATION 
SERVICES TO ENABLE THEM TO BECOME PRODUCTIVE MEMBERS OF 
SOCIETY. (new) 
 
Art. 164. Definition of Terms. As used in this Title, unless the context indicates otherwise: 
(a) 
"Code" means the REVISED Labor Code of the Philippines instituted under Presidential 
Decree Numbered Four Hundred Forty-Two No. 442, as amended. 
(b) 
“Commission” means the Employees’ Compensation Commission created under this 
Title. 
(c) 
“BOARD” MEANS THE BOARD OF COMMISSIONERS GOVERNING THE 
EMPLOYEES’ COMPENSATION COMMISSION AND THE OCCUPATIONAL SAFETY 
AND HEALTH CENTER. 
(d) 
"SSS" means the Social Security System. 
(e) 
“CENTER” MEANS THE OCCUPATIONAL SAFETY AND HEALTH CENTER. 
(f) 
"GSIS" means the Government Service Insurance System. 
(g) 
“REGIONAL EXTENSION UNITS” MEANS REGIONAL AND FIELD OFFICES IN 
PROVINCES OR CHARTERED CITIES ESTABLISHED BY THE COMMISSION. 
(h) 
"System" means the SSS or GSIS, as the case may be. 
(i) 
"Employer" means any person, natural or juridical, employing the services of the 
employee DOMESTIC OR FOREIGN, WHO CARRIES ON IN THE PHILIPPINES ANY 
TRADE, BUSINESS, INDUSTRY, UNDERTAKING OR ACTIVITY OF ANY KIND AND 
USES THE SERVICES OF OTHER PERSONS WHO ARE UNDER THEIR ORDERS 
AS REGARDS THE EMPLOYMENT, INCLUDING THE NATIONAL GOVERNMENT, 
ITS POLITICAL SUBDIVISIONS, AGENCIES OR INSTRUMENTALITIES AND 
GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS.  
(j) 
"Employee" means any person compulsorily covered by the GSIS under REPUBLIC 
ACT NO. 8291, OR ANY AMENDMENTS THEREAFTER, including members of the 


Armed Forces of the Philippines, and any person employed as casual, emergency, 
temporary, substitute or contractual, or any person THE PHILIPPINE NATIONAL 
POLICE, BUREAU OF FIRE PROTECTION, AND BUREAU OF JAIL MANAGEMENT 
AND PENOLOGY, WHO IS compulsorily covered by the SSS under REPUBLIC ACT 
NO. 11199, OR ANY AMENDMENTS THEREAFTER. 
(k) 
"Person" means any individual, partnership, firm, association, trust, corporation or legal 
representative thereof. 
(l) 
"Dependents" means the legitimate, legitimated or legally adopted, or  illegitimate child 
who is unmarried, not gainfully employed, and not over twenty-one EIGHTEEN (18) 
YEARS of age or over twenty-one EIGHTEEN (18) YEARS of age provided he THE 
DEPENDENT is incapacitated and incapable of self-support due to a physical or 
intellectual disability which is congenital or acquired during minority PRIOR TO 
REACHING 
THE 
AGE 
OF 
EIGHTEEN 
(18); 
the 
legitimate 
spouse 
AS 
CONTEMPLATED UNDER THE FAMILY CODE OF THE PHILIPPINES; and the 
parents of said employeeS dependent upon him THEM for support.  
(m) 
“Beneficiaries” means the legitimate spouse until he/she SAID SPOUSE remarries OR 
COHABITS WITH ANOTHER, and dependent LEGITIMATE, LEGITIMATED, LEGALLY 
ADOPTED AND ILLEGITIMATE children, who are the primary beneficiaries. In their 
absence, the dependent parents and subject to the restrictions imposed on dependent 
children and legitimate descendants who are the secondary beneficiaries. 
(n) 
“WORK-CONNECTED Injury" means any harmful change in the human organism from 
any accident arising out of and in the course of the employment. 
(o) 
"WORK-CONNECTED Sickness" means any CONDITION LISTED BY THE 
COMMISSION as an occupational disease OR A COMPENSABLE WORK-RELATED 
ILLNESS, or any illness caused by employment, subject to proof that the risk of 
contracting the same is increased by working conditions. 
(p) 
"Death" means loss of life resulting from WORK-CONNECTED injury or sickness. 
(q) 
"Disability" means loss or SUBSTANTIAL REDUCTION OF EARNING POWER DUE 
TO A WORK-CONNECTED SICKNESS OR INJURY. 
(r) 
"Compensation" means all payments made under this Title for income benefits and 
medical or related benefits. 
(s) 
“LOSS-OF-Income benefit" means all payments made under this Title to the employeeS 
or his THEIR dependents FOR TEMPORARY OR PERMANENT DISABILITY DUE TO 
WORK-CONNECTED SICKNESS OR INJURY. 
(t) 
"Medical benefit" means all payments made under this Title to the providers of medical 
care, rehabilitation services and hospital care. 
(u) 
"Related benefit" means all payments made under this Title for appliances and supplies. 
(v) 
"Appliances" means crutches, artificial aids and other similar devices. 
(w) 
"Supplies" means medicine and other medical, dental or surgical items. 
(x) 
“Hospital” “MEDICAL FACILITY” means any HOSPITAL OR CLINIC, government or 
private, an active member in good standing of the Philippine Hospital Association and 
accredited LICENSED by the Commission DEPARTMENT OF HEALTH. 
(y) 
"Physician" means any doctor of medicine duly licensed to practice in the Philippines, 
an active member in good standing of the Philippine Medical Association and 
LICENSED BY THE PRC AND accredited by the Commission DEPARTMENT OF 
HEALTH AND PHILHEALTH. 
(z) 
"Wages" or "Salary", insofar as they refer to the computation of benefits, means the 
monthly remuneration (or compensation) as defined under Republic Act No. 1161 
11199, as amended, for SSS and Presidential Decree No. 1146 REPUBLIC ACT NO. 
8291, as amended, for GSIS, respectively, except that part in excess of Three Thousand 
Pesos (P3,000.00).  
(aa) "Monthly salary credit" means the wage or the salary base for contributions as provided 
in Republic Act Numbered Eleven hundred sixty-one, as amended No. 11199, or wages 
or salary. 


(bb) "Average monthly salary credit" in the case of the SSS means the result obtained by 
dividing the sum of the monthly salary credits in the sixty-month period immediately 
preceding the semester of death or permanent disability by sixty (60), except where the 
month of death or permanent disability falls within eighteen (18) calendar months from 
the month of coverage, in which case it is the result obtained by dividing the sum of all 
monthly salary credits paid prior to the month of the contingency by the total number of 
calendar months of coverage in the same period. 
(cc) 
"Average daily salary credit" in the case of the SSS means the result obtained by dividing 
the sum of the six (6) highest monthly salary credits in the twelve-month period 
immediately preceding the semester of sickness or injury by one hundred eighty (180), 
except where the month of injury falls within twelve (12) calendar months from the first 
month of coverage, in which case it is the result obtained by dividing the sum of all 
monthly salary credits by thirty (30) times the number of calendar months of coverage 
in the period. 
 
In the case of the GSIS, the average daily salary credit shall be the actual daily salary or wage, 
or the monthly salary or wage divided by the actual number of working days of the month 
of contingency. 
(dd) "Quarter" means a period of three (3) consecutive months ending on the last days of 
March, June, September and December. 
(ee) "Semester" means a period of two consecutive quarters ending in the quarter of death, 
permanent disability, injury or sickness. 
(ff) 
"Replacement ratio" IS the sum of twenty percent (20%) and the quotient obtained by 
dividing three hundred (300) by the sum of three hundred forty (340) and the average 
monthly salary credit. 
(gg) "Credited years of service", for a member covered prior to January 1975, IS nineteen 
hundred seventy-five (1975) minus the calendar year of coverage, plus the number of 
calendar years in which six (6) or more contributions have been paid from January, 1975 
up to the calendar year containing the semester prior to the contingency. For a member 
covered on or after January 1975, the number of calendar years in which six (6) or more 
contributions have been paid from the year of coverage up to the calendar year 
containing the semester prior to the contingency. 
(hh) "Monthly income benefit" means the amount equivalent to one hundred fifteen percent 
(115%) of the sum of: The average monthly salary credit multiplied by the replacement 
ratio; and One and a half percent (1.5%) of the average monthly salary credit for each 
credited year of service in excess of ten (10) years; Provided, That the monthly income 
benefit shall in no case be less than Two Hundred Fifty Pesos (P250.00). 
(ii) 
“TEMPORARY TOTAL DISABILITY” MEANS THE COMPLETE INABILITY TO WORK 
FOR A TEMPORARY PERIOD UNDER THIS TITLE. 
(jj) 
“PERMANENT PARTIAL DISABILITY” MEANS THE LIMITED USE OF A PART OF 
THE BODY AFTER RECOVERY FROM WORK-CONNECTED SICKNESS OR 
INJURY. 
(kk) 
“PERMANENT TOTAL DISABILITY” MEANS THE COMPLETE INABILITY TO WORK 
UNDER THIS TITLE, UNLESS COMPLETE RECOVERY OCCURS AS CERTIFIED BY 
THE SYSTEM. 
(ll) 
“CONTRIBUTION” MEANS THE AMOUNT REMITTED OR TO BE REMITTED BY 
EMPLOYERS TO THE STATE INSURANCE FUND FOR EACH EMPLOYEE UNDER 
THEIR EMPLOY. 
(mm) “FUND” MEANS THE STATE INSURANCE FUND. 
(nn) “OCCUPATIONALLY DISABLED WORKERS” OR “ODW” REFERS TO EMPLOYEES 
WHO SUSTAINED A DISABILITY AS A RESULT OF A WORK-CONNECTED 
SICKNESS OR INJURY. 
(oo) “SAFETY AND HEALTH” REFERS TO THE INTERNATIONALLY ACCEPTED 
DEFINITION OF OCCUPATIONAL SAFETY AND HEALTH. (173a) 
 


Chapter II 
COVERAGE AND LIABILITY 
 
ART.165. COVERAGE. 
(a) 
Coverage in the State Insurance Fund PROGRAM shall be compulsory upon all 
employers and their employees not over sixty (60) years of age; 
(b) 
Compulsory coverage of the employerS during the effectivity of this Title shall take effect 
on the first day of his BUSINESS operation, and that of the employeeS, on the date of 
his THEIR employment; AND  
(c) 
THE PROGRAM MAY COVER LAND-BASED OVERSEAS FILIPINO WORKERS, 
SELF-EMPLOYED, AND WORKERS IN THE INFORMAL SECTOR, SUBJECT TO THE 
REGULATIONS AS MAY BE PRESCRIBED BY THE COMMISSION. (174a, 175a, 
176a) 
Art. 166. Registration. Each EmployerS and his THEIR employees shall register with the 
System in accordance with its THE regulations AS MAY BE PRESCRIBED BY THE 
COMMISSION. (177a) 
 
Art. 167. Limitation of Liability. The State Insurance Fund shall be liable for compensation 
to the employeeS or his THEIR dependents, except when the disability or death was 
occasioned by the employee’s EMPLOYEES’ intoxication, willful intention to injure or kill 
himself THEMSELVES or another, notorious negligence, or otherwise provided under this 
Title. (178a) 
ART. 168. NON-EXCLUSIVITY OF BENEFITS. THE PAYMENT OF COMPENSATION 
UNDER THIS TITLE SHALL NOT BAR THE RECOVERY OF BENEFITS, WHICH THE 
WORKERS, IN BOTH GOVERNMENT AND PRIVATE SECTOR, MAY BE ENTITLED TO 
UNDER OTHER SOCIAL SECURITY LAWS WHOSE BENEFITS ARE ADMINISTERED BY 
THE SYSTEM OR BY OTHER GOVERNMENT AGENCIES. (new) 
 
Art. 169. Liability of Third Parties. 
(a) 
When the disability or death is caused by circumstances creating a legal liability against 
a third party, the disabled employeeS or the dependents, in case of his THEIR death, 
shall be paid by the System under this Title. In case benefit is paid under this Title, the 
System shall be subrogated to the rights of the disabled employeeS or the dependents, 
in case of his THEIR death, in accordance with the general law. 
(b) 
Where the System recovers from such third party damages in excess of those paid or 
allowed under this Title, such excess shall be delivered to the disabled employeeS or 
other persons entitled thereto, after deducting the cost of proceedings and expenses of 
the System. (180a) 
 
Art. 170. Deprivation of the Benefits. Except as otherwise provided under this Title, no 
contract, regulation or device whatsoever shall operate to deprive the employeeS or his THEIR 
dependents of any part of the income benefits and medical or related services granted under 
this Title. Existing medical services being provided by the employerS shall be maintained and 
continued to be enjoyed by their employees. (181a) 
 
Chapter III 
ADMINISTRATION 
 
Art. 171. Employees’ Compensation Commission. THE EMPLOYEES’ COMPENSATION 
COMMISSION, CREATED UNDER PRESIDENTIAL DECREE NO. 626, AS AMENDED, 
HEREBY CONTINUES TO EXIST to initiate, rationalize, and coordinate the policies of the 
employers’ compensation program, the Employees’ Compensation Commission is hereby 
created to be. 
 


(a) 
The Commission shall have the status and category of a government OWNED AND 
CONTROLLED corporation, and it is hereby deemed attached to the Department of 
LaborDOLE for policy coordination and guidance. 
(b) 
THE CORPORATE POWERS AND FUNCTIONS OF THE COMMISSION SHALL BE 
VESTED IN AND EXERCISED BY THE BOARD OF COMMISSIONERS, composed of 
five ex-officio members, namely: the Secretary of Labor and Employment asChairman, 
the GSIS General Manager, the SSS Administrator, the Chairman of the Philippine 
Medical Care Commission, and the Executive Director of the ECC Secretariat, and two 
appointive members, one of whom shall represent the employees and the other, the 
employers, to be appointed by the President of the Philippines for a term of six years. 
The appointive member shall have at least five years’ experience in workmen’s 
compensation or social security programs. All vacancies shall be filled for the unexpired 
term onlyTHE SOLE AS EX OFFICIO CHAIR, THE EXECUTIVE DIRECTOR OF THE 
ECC SECRETARIAT AS THE VICE-CHAIR, THE GSIS PRESIDENT AND GENERAL 
MANAGER, THE SSS PRESIDENT AND CHIEF EXECUTIVE OFFICER, THE 
PHILIPPINE HEALTH INSURANCE CORPORATION CHAIR, THE CIVIL SERVICE 
COMMISSION CHAIR, AND TWO (2) APPOINTIVE MEMBERS, ONE OF WHOM 
SHALL REPRESENT THE EMPLOYEES, AND THE OTHER, THE EMPLOYERS, 
BOTH SHALL BE APPOINTED BY THE PRESIDENT OF THE PHILIPPINES.  
 
THE EXECUTIVE DIRECTOR OF THE ECC SECRETARIAT SHALL BE APPOINTED 
BY THE PRESIDENT OF THE PHILIPPINES. 
 
THE APPOINTIVE MEMBERS SHALL BE CHOSEN FROM AMONG THE NOMINEES 
OF WORKERS’ AND EMPLOYERS’ ORGANIZATIONS, WHO SHALL HAVE AT 
LEAST FIVE (5) YEARS EXPERIENCE IN WORKMEN’S COMPENSATION OR 
SOCIAL SECURITY PROGRAMS.  
 
THE THREE (3) APPOINTIVE MEMBERS SHALL HOLD OFFICE FOR ONE (1) YEAR, 
UNLESS SOONER REMOVED FOR CAUSE; PROVIDED, HOWEVER, THAT THE 
APPOINTIVE MEMBER SHALL CONTINUE TO HOLD OFFICE UNTIL THE SUCCESSOR 
IS APPOINTED. ANY VACANCY IN THE BOARD OTHER THAN THROUGH THE 
EXPIRATION OF THE TERM SHALL BE FILLED IN THE MANNER IN WHICH THE 
ORIGINAL APPOINTMENT WAS MADE AND THE APPOINTEE SHALL SERVE ONLY THE 
UNEXPIRED TERM OF THEIR PREDECESSOR. 
 
THE PRESENCE OF MORE THAN HALF OF THE MEMBERS SHALL CONSTITUTE A 
QUORUM. IN THEIR ABSENCE, ANY APPOINTIVE MEMBER MAY DESIGNATE AN 
OFFICIAL OF THE INSTITUTION THEY SERVE ON FULL-TIME BASIS AS THEIR 
REPRESENTATIVE TO ACT IN THEIR BEHALF.  
 
THE EX OFFICIO MEMBERS OF THE BOARD MAY DESIGNATE THEIR RESPECTIVE 
ALTERNATES WHO SHALL BE THE OFFICIALS NEXT-IN-RANK TO THEM AND WHOSE 
ACTS SHALL BE CONSIDERED THE ACTS OF THEIR PRINCIPALS. (IN ACCORDANCE 
WITH SEC. 14 OF REPUBLIC ACT NO. 10149) 
 
THE APPOINTIVE MEMBERS SHALL RECEIVE COMPENSATION, PER DIEM, 
ALLOWANCES AND INCENTIVES AS MAY BE PROVIDED BY LAW. 
 
(c) 
THE COMMISSION SHALL GOVERN THE OCCUPATIONAL SAFETY AND HEALTH 
CENTER. 
 
(d) 
THE COMMISSION SHALL ESTABLISH REGIONAL AND FIELD OFFICES IN 
PROVINCES OR CHARTERED CITIES, OR WHEREVER IT IS DEEMED 
NECESSARY, TO BRING ITS SERVICES CLOSER TO THE STAKEHOLDERS. (182a) 


 
Art. 172. Powers and Duties FUNCTIONS. The Commission shall have the following powers 
and duties FUNCTIONS:  
(a) 
To assess and fix a rate of contribution from all employers; TO INITIATE AND ISSUE 
POLICIES ON THE THREE COMPONENTS OF THE EMPLOYEES’ COMPENSATION 
PROGRAM, AS FOLLOWS: 
(1) 
PREVENTION. THE ADEQUATE OCCUPATIONAL HEALTH AND SAFETY, 
AND THE ACCIDENT PREVENTION IN THE WORKPLACE BASED ON THE 
STUDIES AND RESEARCHES DONE BY THE CENTER; 
(2) 
COMPENSATION. THE FORMULATION OF COMPENSATION PACKAGES 
OTHER THAN AND/OR IN ADDITION TO THE BENEFITS ALREADY 
PROVIDED FOR IN THIS TITLE; AND 
(3) 
REHABILITATION. THE CONTINUING REHABILITATION SERVICES FOR THE 
ODW FOUND TO BE ENTITLED TO COMPENSATION BENEFITS; INCLUDING, 
IF PRACTICABLE, THE ESTABLISHMENT OF REHABILITATION CENTERS 
EQUIPPED AND STAFFED TO PROVIDE A BALANCED PROGRAM OF 
REMEDIAL TREATMENT, VOCATIONAL ASSESSMENT AND PREPARATION 
DESIGNED TO MEET THE INDIVIDUAL NEEDS OF EACH ODW TO RESTORE 
THEM TO SUITABLE EMPLOYMENT, SUCH AS ASSISTANCE TO DEVELOP 
THEIR MENTAL, VOCATIONAL, OR SOCIAL POTENTIAL. 
(b) 
To determine the rate of contribution payable by an employer whose records show a 
high frequency of work accidents or occupational diseases due to failure by the said 
employer to observe adequate safety measures; 
(c) 
To approve rules and regulations governing the processing of claims and the settlement 
of disputes arising therefrom as prescribed by the System; 
(d) 
To initiate policies and programs toward adequate occupational health and safety and 
accident prevention in the working environment, rehabilitation other than those provided 
for under Article 190 185 hereof, and other related programs and activities, and to 
appropriate funds therefor; 
(e) 
To make the necessary actuarial studies and calculations concerning the grant of 
constant help and income benefits for permanent disability or death, and the 
rationalization of the benefits for permanent disability and death under the Title with 
benefits payable by the System for similar contingencies; Provided, That the 
Commission may upgrade benefits and add new ones; Provided, Further, That the 
actuarial stability of the State Insurance Fund shall be guaranteed BY THE NATIONAL 
GOVERNMENT; Provided, MOREOVER, That such increases in benefits shall not 
require any RESULT TO CORRESPONDING increases in EC contribution; PROVIDED, 
FINALLY, THAT IF THEY FALL UNDER PARAGRAPH (B)  HEREOF, THE 
RESULTING INCREASE IN EC CONTRIBUTION SHOULD BE BORNE BY THE 
EMPLOYER; 
(f) 
To appoint the personnel of its staff, subject to civil service law and rules, but exempt 
from regulations ON SALARY STANDARDIZATION; 
(g) 
To adopt annually a budget of expenditures of the Commission and its staff chargeable 
against the State Insurance Fund: Provided, That the SSS and GSIS shall advance on 
a quarterly basis the remittances of allotment of the loading fund for the Commission’s 
operational expenses based on its annual budget as duly approved by the 
DEPARTMENT of Budget and Management; 
(h) 
To have the power to administer oath and affirmation, and to issue subpoena ad 
testificandum and subpoena duces tecum in connection with any question or issue 
arising from appealed cases under this Title; 
(i) 
To sue and be sued in court; 
(j) 
To acquire property, real or personal, which may be necessary or expedient for the 
attainment of the purposes of this Title; 
(k) 
To enter into agreements or contracts for such services and as may be needed for the 
proper, efficient and stable administration of the program; 


(l) 
To perform such other acts as it may deem appropriate for the attainment of the 
purposes of the Commission and proper enforcement of the provisions of this Title. 
(183a) 
 
Art. 173. Management of Funds. All revenues collected by the System under this Title shall 
be deposited, invested, administered and disbursed in the same manner and under the same 
conditions, requirements and safeguards as provided by Republic Act Numbered Eleven 
Hundred Sixty-One, as amended, with regard to such other funds as are thereunder being 
paid to or collected by the SSS and GSIS, respectively: Provided, That the Commission, SSS 
and GSIS may disburse each year not more than twelve percent (12%) of the contribution and 
investment earnings collected for operational expenses, including occupational health and 
safety programs, incidental to the carrying out of this Title. (184a) 
 
Art. 174. Investment of Funds. Provisions of existing laws to the contrary notwithstanding, 
all revenues as are not needed to meet current operational expenses under this Title shall be 
accumulated in a fund to be known as the State Insurance Fund, which shall be used 
exclusively for payment of the benefits under this Title, and no amount thereof shall be used 
for any other purpose. All amounts accruing to the State Insurance Fund, which is hereby 
established in the SSS and GSIS, respectively, shall be deposited with any authorized 
depository bank approved by the Commission, or invested with due and prudent regard for 
the liquidity needs of the System. (185) 
 
Art. 175. Settlement of Claims. The System shall have original and exclusive jurisdiction to 
settle any dispute arising from this Title with respect to coverage, entitlement to benefits, 
collection and payment of contributions and penalties thereon, or any other matter related 
thereto, subject to appeal to the Commission, which shall decide appealed cases within twenty 
(20) working days from the submission of the evidence. (186) 
 
Art. 176. Review. Decisions, orders or resolutions of the Commission may be reviewed on 
certiorari by the Supreme Court on question of law upon petition of an aggrieved party within 
ten (10) days from notice thereof. (187) 
 
Art. 177. Enforcement of Decisions.  
(a) 
Any decision, order or resolution of the Commission shall become final and executory if 
no appeal is taken therefrom within ten (10) days from notice thereof. All awards granted 
by the Commission in cases appealed from decisions of the System shall be effected 
within fifteen days from receipt of notice. 
(b) 
In all other cases, decisions, orders and resolutions of the Commission which have 
become final and executory shall be enforced and executed in the same manner as 
decisions of the Court of First Instance REGIONAL TRIAL COURT, and the Commission 
shall have the power to issue to the city or provincial sheriff or to the sheriff whom it may 
appoint, such writs of execution as may be necessary for the enforcement of such 
decisions, orders or resolutions, and any person who shall fail or refuse to comply 
therewith shall, upon application by the Commission, be punished by the proper court 
for contempt. (188a) 
 
Chapter IV 
CONTRIBUTIONS 
 
Art. 178. Employer's contributions. 
(a) 
Under such regulations as the System COMMISSION may prescribe, beginning as of 
the last day of the month when an employee’s EMPLOYEES’ compulsory coverage 
takes effect and every month thereafter during his THEIR employment, his THEIR 
employer shall remit to the System a contribution equivalent to one percent of his THEIR 
monthly salary credit. 


(b) 
The rate of contribution shall be reviewed periodically and, subject to the limitations 
herein provided, may be revised as the experience in risk, cost of administration, and 
actual or anticipated as well as unexpected losses, may require. 
(c) 
Contributions under this Title shall be paid in their entirety by the employerS and any 
contract or device for the deduction of any portion thereof from the wages or salaries of 
the employees shall be null and void. 
(d) 
When a covered employeeS dies, becomes disabled or is ARE separated from 
employment, his THEIR employer's EMPLOYERS’ obligation to pay the monthly 
contribution arising from that employment shall cease at the end of the month of 
contingency and during such months that he is THEY ARE not receiving wages or 
salary. 
(e) 
FOR VOLUNTARY MEMBERS UNDER THE PROGRAM, THE EMPLOYERS’ 
CONTRIBUTION SHALL BE PAID IN ITS ENTIRETY BY THE MEMBERS OR MAY BE 
SUBSIDIZED SUBJECT TO THE REGULATIONS AS MAY BE PRESCRIBED BY THE 
COMMISSION. (189a) 
 
Art. 179. Government guarantee. The Republic of the Philippines guarantees the benefits 
under this Title, and accepts general responsibility for the solvency of the State Insurance 
Fund. In case of any deficiency, the same shall be covered by supplemental appropriations 
from the national government. (190) 
 
Chapter V 
MEDICAL BENEFITS 
 
Art. 180. Medical services. Immediately after an employeeS contracts sickness or sustains 
an injurIES, he THEY shall be provided by the System during the subsequent period of his 
THEIR disability with such medical services and appliances as the nature of his THEIR 
sickness or injury and progress of his THEIR recovery may require, subject to the expense 
limitation prescribed by the Commission. 
 
THE COMMISSION MAY DETERMINE THE SCHEME OF PAYMENT DEPENDING ON THE 
UTILIZATION FOR SUCH SERVICES. (191a) 
 
Art. 181. Liability. The System shall have the authority to choose or order a change of 
physician, hospital or rehabilitation facility for the employee, and shall not be liable for 
compensation for any aggravation of the employee's injury or sickness resulting from 
unauthorized changes by the employee of medical services, appliances, supplies, hospitals, 
rehabilitation facilities or physicians, SUBJECT TO THE REGULATIONS PRESCRIBED BY 
THE COMMISSION. (192a) 
 
Art. 182. Attending Physician. Any PhysicianS attending an TO injured or sick employeeS 
shall comply with all the regulations of the System COMMISSION and submit reports in 
prescribed forms at such time as may be required BY THE SYSTEM OR COMMISSION 
concerning his THEIR condition or treatment. All medical information relevant to the particular 
injury or sickness shall on demand be made available to the employee or the System. No 
information developed in connection with treatment or examination for which compensation is 
sought shall be considered as privileged communication. (193a) 
Art. 183. Refusal of examination or treatment. If the employeeS unreasonably refuses to 
submit to medical examination or treatment, the System shall stop the payment of further 
compensation during such time as such refusal continues. What constitutes an unreasonable 
refusal shall be determined by the System which may on its own initiative determine the 
necessity, character and sufficiency of any medical services furnished or to be furnished. (194) 
 
Art. 184. Fees and Other Charges. All fees and other charges for hospital services, medical 
care and appliances including professional fees shall not be higher than those prevailing in 


wards of hospitals for similar services to injured or sick persons in general and shall be subject 
to the regulations of the Commission. Professional fees shall only be appreciably higher than 
those prescribed under Republic Act Numbered Sixty-One Hundred Eleven, as amended, 
otherwise known as the Philippine Medical Care Act of 1969. (195a) 
 
Art. 185. Rehabilitation Services. 
(a) The System shall, as soon as practicable, establish a continuing program, for the 
rehabilitation of injured and handicapped employees who shall be entitled to rehabilitation 
services, which shall consist of medical, surgical or hospital treatment, including appliances if 
they have been handicapped by the injury, to help them become physically independent. 
(b) As soon as practicable, the System shall establish centers equipped and staffed to provide 
a balanced program of remedial treatment, vocational assessment and preparation designed 
to meet the individual needs of each handicapped employee to restore him to suitable 
employment, including assistance as may be within its resources, to help each rehabilitee to 
develop his mental, vocational or social potential. 
(a) 
THE COMMISSION SHALL ESTABLISH A REHABILITATION PROGRAM DESIGNED 
TO MEET THE INDIVIDUAL NEEDS OF WORKERS WITH DISABILITY  TO RESTORE 
THEIR EARNING CAPACITY OR IMPROVE THEIR PHYSICAL FUNCTIONING, IN 
CASES OF PERMANENT TOTAL DISABILITY. IN THIS REGARD, THE COMMISSION 
MAY MAINTAIN OR AVAIL OF THE SERVICES OF SPECIALIZED PRIVATE AND 
PUBLIC REHABILITATION FACILITIES OR CENTERS THAT CAN PROVIDE THE 
NECESSARY ASSISTANCE, SUCH AS, BUT NOT LIMITED TO MEDICAL, SURGICAL 
OR HOSPITAL TREATMENT, INCLUDING APPLIANCES, THAT ARE APPROPRIATE 
TO THE NEEDS OF  WORKERS WITH DISABILITY. 
(b) 
ARRANGEMENTS FOR PLACEMENT OF VOCATIONALLY OR TECHNICALLY 
TRAINED WORKERS WITH DISABILITY SHALL BE AN INTEGRAL PART OF THE 
REHABILITATION 
PROGRAM. 
AS 
INCENTIVE 
TO 
THE 
PARTICIPATING 
EMPLOYERS, THE COMMISSION MAY ENTER INTO AGREEMENTS TO 
PARTICIPATE IN THE PAYMENT OF WAGES OF THE PLACED ODW, UNDER SUCH 
RULES AND REGULATIONS PRESCRIBED BY THE COMMISSION SUBJECT TO 
THE VIABILITY OF THE STATE INSURANCE FUND. (196a) 
 
Chapter VI 
DISABILITY BENEFITS 
 
Art. 186. Temporary Total Disability.  
(a) 
Under such regulations as the Commission may approve, any employeeS under this 
Title who sustains an injury or contracts sickness resulting in temporary total disability 
shall for each day of such a disability or fraction thereof, be paid by the System an 
income benefit equivalent to ninety percent (90%) of his THEIR average daily salary 
credit, subject to the following conditions: PROVIDED, THAT the daily income benefit 
shall not be paid for a continuous period longer than one hundred twenty (120) days, 
except as otherwise provided for in the Rules, and the System shall be notified of the 
injury or sickness. 
(b) 
The monthly income benefit shall be in accordance with the regulations of the 
Commission. (197a) 
 
Art. 187. Permanent Total Disability.  
(a) 
Under such regulations as the Commission may approve, any employeeS under this 
Title who contracts sickness or sustain an injury resulting in his THEIR permanent total 
disability shall, for each month until his THEIR death, be paid by the System during such 
a disability, an amount equivalent to the monthly income benefit, plus ten percent (10%) 
thereof for each dependent child, but not exceeding five (5), beginning with youngest 
and without substitution: Provided, That the monthly income benefit shall be the new 


amount of the monthly benefit for all covered pensioners, effective upon approval of this 
Decree. 
(b) 
The monthly income benefit shall be guaranteed for five (5) years REGARDLESS OF 
WHETHER THE EMPLOYEES ARE GAINFULLY EMPLOYED OR RECOVER FROM 
THEIR DISABILITY OR FAIL TO PRESENT THEMSELVES TO THE SYSTEM. 
HOWEVER, THE SAME and shall be suspended if the employeeS is ARE gainfully 
employed, or recovers from his THEIR permanent total disability, or fails to present 
himself  THEMSELVES for examination at least once a year upon notice by the System, 
except as otherwise provided for in other laws, decrees, orders or Letters of Instructions. 
(c) 
The following disabilities shall be deemed total and permanent TOTAL DISABILITY: 
1. Temporary total disability lasting continuously for more than one hundred twenty days, 
except as otherwise provided for in the Rules; 
(1) 
Complete loss of sight of both eyes; 
(2) 
Loss of two limbs at or above the ankle or wrist; 
(3) 
Permanent complete paralysis of two limbs; 
(4) 
Brain injury resulting in incurable imbecility or insanity; and 
(5) 
PROFOUND, SEVERE HEARING LOSS ON BOTH EARS; AND 
(6) 
Such cases as determined by the Medical Director of the System and approved by the 
Commission. 
(d) 
The number of months of paid coverage shall be defined and approximated by a formula 
to be approved by the Commission. (198a) 
 
Art. 188. Permanent Partial Disability.   
(a) 
Under such regulation as the Commission may approve, any employee under this Title 
who contracts sickness or sustains an injury resulting in permanent partial disability 
shall, for each month not exceeding the period designated herein, be paid by the System 
during such a disability an income benefit for permanent total disability EQUIVALENT 
TO THE MONTHLY INCOME BENEFIT. 
(b) 
The benefit shall be paid for not more than the period designated in the following 
schedule: 
 
Complete and permanent 
loss of the use of 
No. of Months 
One thumb 
10 
One index finger 
8 
One middle finger 
6 
One ring finger 
5 
One little finger 
3 
One big toe 
6 
Any toe 
3 
One arm 
50 
One hand 
39 
One foot 
31 
One leg 
46 


 
 
 
 
 
 
 
 
 
 
(c) 
A loss of a wrist shall be considered as a loss of the hand, and a loss of an elbow shall 
be considered as a loss of the arm. A loss of an ankle shall be considered as a loss of 
the foot, and a loss of a knee shall be considered as a loss of the leg. A loss of more 
than one joint shall be considered as a loss of the whole finger or toe, and a loss of only 
the first joint shall be considered as a loss of one-half of the whole finger or toe: Provided, 
That such a loss shall be either the functional loss of the use or physical loss of the 
member. (As amended by Sec. 7, P.D. 1368) 
(d) 
In case of permanent partial disability less than the total loss of the member specified in 
the preceding paragraph, the same monthly income benefit shall be paid for a portion of 
the period established for the total loss of the member in accordance with the proportion 
that the partial loss bears to the total loss. If the result is a decimal fraction, the same 
shall be rounded off to the next higher integer. 
(e) 
In cases of simultaneous loss of more than one member or a part thereof as specified 
in this Article, the same monthly income benefit shall be paid for a period equivalent to 
the sum of the periods established for the loss of the member or a part thereof. If the 
result is a decimal fraction, the same shall be rounded off to the next higher integer. 
(f) 
In cases of injuries or illnesses resulting in a permanent partial disability not listed in the 
preceding schedule, the benefit shall be an income benefit equivalent to the percentage 
of the permanent loss of the capacity for work. (As amended by Sec. 7, P.D. 1368) 
(g) 
Under such regulations as the Commission may approve, the income benefit payable in 
case of permanent partial disability may be paid in monthly pension or in lump sum if 
the period covered does not exceed one year. (As added by Sec. 7, P.D. 1368) (199a) 
 
Chapter VII 
DEATH BENEFITS 
 
Art. 189. Death.  
(a) 
Under such regulations as the Commission may approve, the System shall pay to the 
primary beneficiaries upon the death of the covered employeeS under this Title an 
amount equivalent to his THEIR monthly income benefit, plus ten percent (10%) thereof 
for each dependent child, but not exceeding five (5), beginning with the youngest and 
without substitution, except as provided for in paragraph (j) of Article 166 PARAGRAPH 
(M) OF ARTICLE 164 hereof.  However, if he has THEY HAVE no primary beneficiary, 
the System shall pay to his THEIR secondary beneficiaries. The monthly income benefit 
shall be guaranteed for five years and shall not be less than fifteen thousand pesos.  
 
HOWEVER, SHOULD THE SURVIVING SPOUSE REMARRY, THEY SHALL NOT BE 
ENTITLED TO RECEIVE THE BENEFITS. (As amended by Sec. 4, P.D. 1921) 
 
(b) 
Under such regulations as the Commission may approve, the System shall pay to the 
primary beneficiaries upon the death of a covered employeeS who are under permanent 
total disability under this Title, eighty percent (80%) of the monthly income benefit and 
his THEIR dependents to the dependent’s pension; Provided, That the marriage must 
have been validly subsisting at the time of disability: Provided, further, That if he has 
THEY HAVE no primary beneficiary, the System shall pay to his THEIR secondary 
One ear 
10 
Both ears 
20 
Hearing of one ear 
10 
Sight of one eye 
25 


beneficiaries the monthly pension excluding the dependents pension, of the remaining 
balance of the five-year guaranteed period: Provided, Finally, That the minimum death 
benefit shall not be less than fifteen thousand pesos (P15,000.00). (As amended by Sec. 
4, P.D. 1921) 
b. The monthly income benefit provided herein shall be the new amount of the monthly 
income benefit for the surviving beneficiaries upon the approval of this decree.  
 
(c) 
Funeral benefit. - A The funeral benefit of Three Thousand Pesos (P3,000.00) shall be 
paid upon the death of a covered employee or permanently totally disabled pensioner, 
IN THE AMOUNT PRESCRIBED BY THE COMMISSION BUT IN NO CASE LESS 
THAN THREE THOUSAND PESOS (P3,000.00). (200a) 
 
Chapter VIII 
PROVISIONS COMMON TO INCOME BENEFITS 
 
Art. 190. Relationship and Dependency. All questions of relationship and dependency shall 
be determined as of the time of death. (201) 
 
Art. 191. Delinquent contributions. 
(a) 
An EmployerS who is ARE delinquent in his THEIR contributions shall be liable to the 
System for the benefits which may have been paid by the System to his THEIR 
employees or their dependents, and any benefit and expenses to which such employerS 
is ARE liable shall constitute a lien on all his THEIR property, real or personal, which is 
hereby declared to be preferred to any credit, except taxes. The payment by the 
employerS of the lump sum equivalent of such liability shall absolve him THEM from the 
payment of the delinquent contributions and penalty thereon with respect to the 
employeeS concerned.  
(b) 
Failure or refusal of the employerS to pay or remit the contributions herein prescribed 
shall not prejudice the right of the employeeS or his THEIR dependents to the benefits 
under this Title. If the sickness, injury, disability or death occurs before the System 
receives any report of the name of his THEIR employeeS, the employerS shall be liable 
to the System for the lump sum equivalent to the benefits to which such employeeS or 
his THEIR dependents may be entitled. (202a) 
 
Art. 192. Second Injuries. If any employeeS under permanent partial disability suffers 
another injury which results in a compensable disability greater than the previous injury, the 
State Insurance Fund shall be liable for the income benefit of the new disability: Provided, 
That if the new disability is related to the previous disability, the System shall be liable only for 
the difference in income benefits. (203) 
 
Art. 193. Assignment of benefits. No claim for compensation under this Title shall be 
compensable is transferable, or liable to tax, attachment, garnishment, levy or seizure by or 
under any legal process whatsoever, either before or after receipt by the person or persons 
entitled thereto, except to pay any debt of the employee to the System. (204) 
 
Art. 194. Earned Benefits. Income benefits shall, with respect to any period of disability, be 
payable in accordance with this Title to an employeeS who is entitled to receive 
REGARDLESS OF ENTITLEMENT TO wages, salaries or allowance for holidays, vacation or 
sick leaves and any award of benefit under a collective bargaining or other agreement. (205a) 
 
Art. 195. EMPLOYER’S LIABILITY FOR FAILURE TO PROVIDE Safety Devices. In case 
the employee’s injury or death was due to the failure of the employer to comply with any law, 
or to install and maintain safety devices, or take other precautions for the prevention of injury, 
said employer shall pay to the State Insurance Fund a penalty of twenty-five percent (25%) of 
the lump sum equivalent of the income benefit payable by the System to the employee. All 


employers, especially those who should have been paying a rate of contribution higher than 
that required of them under this Title, are enjoined to undertake and strengthen measures for 
the occupational health and safety of their employees. (206a) 
 
Art. 196. Prescriptive Period. No claim for compensation shall be given due course unless 
said claim is filed with the System within three TEN (10) years from the time the cause of 
action accrued; PROVIDED, HOWEVER, THAT WHEN A CLAIMANT FILED CLAIMS FOR 
DISABILITY OR DEATH BENEFITS BEFORE THE SYSTEMS, EITHER UNDER THE SSS 
LAW OR THE GSIS LAW, THE CLAIM FOR THE SAME BENEFITS SHOULD BE 
CONSIDERED AS FILED. (207a; B.R. NO. 10-03-45, MARCH 17, 2010) 
 
Art. 197. Erroneous Payment.  
(a) 
If the System in good faith pays income benefit to a dependentS who is ARE inferior in 
right to another dependents or with whom another dependents is ARE entitled to share, 
such payment shall discharge the System from liability, unless and until such other 
dependentS notifiesy the System of his THEIR claim prior to the payments. 
(b) 
In case of doubt as to the respective rights of rival claimants, the System is hereby 
empowered to determine as to whom payments should be made in accordance with 
such regulations as the Commission may approve. If the money is payable to a minorS 
or incompetentS, payment shall be made by the System to such person or persons as 
it may consider to be best qualified to take care and dispose of the minor’s or 
incompetent’s property for his THEIR benefit. (208a) 
 
Art. 198. Prohibition. No agent, attorney or other person pursuing or in charge of the 
preparation or filing of any claim for benefit under this Title shall demand or charge for his 
THEIR services any fee, and any stipulation to the contrary shall be null and void. 
 
The retention or deduction of any amount from any benefit granted under this Title for the 
payment of fees of such services is prohibited. IN CASE OF VIOLATION OF THIS 
PROVISION, THE CLAIMANT MAY REPORT THE SAME TO THE COMMISSION. 
 
Violation of any provision of this Article shall be punishable by a fine of not less than Five 
Hundred Pesos nor more than Five Thousand Pesos TEN THOUSAND PESOS (P10,000.00) 
NOR MORE THAN TWENTY THOUSAND PESOS (P20,000.00), or imprisonment for not less 
than six (6) months nor more than one (1) year, or both, at the discretion of the court. (209a) 
 
Art. 199. Exemption from Levy, Tax, etc. All laws to the contrary notwithstanding, the State 
Insurance Fund and all its assets shall be exempt from any tax, fee, charge, levy, or customs 
or import duty, and no law hereafter enacted shall apply to the State Insurance Fund unless it 
is provided therein that the same is applicable by expressly stating its name. (210) 
 
 
Chapter IX 
RECORDS, REPORTS AND PENAL PROVISIONS 
 
Art. 200. Record of Death or Disability.  
(a) 
All employers shall keep a logbook to record chronologically OF the sickness, injury or 
death of their employees, IN CHRONOLOGICAL ORDER, setting forth therein their 
names, dates and places of the contingency, nature of the contingency and absences.  
(b) 
Entries in the logbook RECORD shall be made within five (5) days from notice or 
knowledge of the occurrence of the contingency.  
(c) 
Within five (5) days after entry in the logbook RECORD, the employerS shall report to 
the system only those contingencies he THEY deems to be work-connected. 


(d) 
All entries in the employer’s logbook RECORD shall be made by the employerS or any 
of his THEIR authorized officials after verification of the contingencies or the employee’s 
employees’ absences for a period of a day or more. 
(e) 
Upon request by the System, the employerS shall furnish the necessary certificate 
regarding information about any contingency appearing in the logbook RECORD, citing 
the entry number, page number and date. Such logbook RECORD shall be made 
available for inspection to the duly authorized representatives of the system.  
(f) 
Should any employerS fail to record an actual sickness, injury or death of any of his 
THEIR employees within the period prescribed herein, give false information or withhold 
material information already in his THEIR possession, he THEY shall be held liable for 
fifty percent (50%) of the lump sum equivalent of the income benefit to which the 
employeeS may be found to be entitled, the payment of which shall accrue to the State 
Insurance Fund. 
(g) 
In case of payment of benefits for any claim which is later determined to be fraudulent 
and the employerS is ARE found to be a party to the fraud, such employerS shall 
reimburse TO the System the full amount of the compensation paid. (211a) 
 
Art. 201. Notice of Sickness, Injury or Death. Notice of sickness, injury or death shall be 
given to the employerS by the employeeS or by his THEIR dependents or anybody on his 
THEIR behalf within five (5) days from the occurrence of the contingency. No notice to the 
employerS shall be required if the contingencyIES isARE known to the employerS or his 
THEIR agents or representatives. (212a) 
 
ART. 202. REPORT OF CONTINGENCIES IN THE WORKPLACE. EMPLOYERS SHALL 
SUBMIT A REPORT OF THE CONTINGENCIES OCCURRING IN THE WORKPLACE TO 
THE REGIONAL OFFICES OF THE DOLE. (new) 
 
Art. 203. Penal Provisions.  
(a) 
The penal provisionS of Republic Act Numbered Eleven Hundred Sixty-One NOS. 1161 
AND 8282, as amended, and Commonwealth Act Numbered One Hundred Eighty-Six 
NO. 186, as amended, AND REPUBLIC ACT NOS. 1161 AND 8291 THE LAWS 
GOVERNING THE SSS AND THE GSIS, with regard to the funds as are thereunder 
being paid to, collected or disbursed by the System, shall be applicable to the collection, 
administration and disbursement of the Funds under this Title. The penal provisions on 
coverage shall also be applicable. 
(b) 
Any PersonS, who for the purpose of securing entitlement to any benefit or payment 
under this Title or the issuance of any certificate or document for any purpose connected 
with this Title, whether for him THEM or for some other person, commits fraud, collusion, 
falsification, misrepresentation of facts or any other kind of anomaly shall be punished 
with a fine of not less than Five Hundred Pesos ONE HUNDRED THOUSAND PESOS 
(P100,000.00) NOR MORE THAN Five Thousand Pesos FIVE HUNDRED THOUSAND 
PESOS (P500,000.00) and an imprisonment for not less than six (6) months YEARS 
AND ONE DAY nor more than one year TWELVE (12) YEARS, at the discretion of the 
court. 
(c) 
If the act penalized by this Article is committed by any personS who has HAVE been or 
is ARE employed by the Commission or System, or a recidivistS, the imprisonment shall 
not be less than one year; if committed by lawyerS, physicianS or other professionalS, 
he THEY shall, in addition to the penalty prescribed herein, be disqualified from the 
practice of his THEIR profession; and if committed by any officialS, employeeS or 
personnel of the Commission, System or any government agency, he THEY shall, in 
addition to the penalty prescribed herein, be dismissed with prejudice to reemployment 
in the government service. (213a) 
 


Art. 204. Applicability. This Title shall apply only to WORK-RELATED injury, sickness, 
disability or death occurring on or after January 1, 1975 THE EFFECTIVITY OF THIS CODE. 
(214a) 
 
Art. 205. Repeal OF LAWS. All existing laws, Presidential Decrees and Letter of Instructions 
which are inconsistent with or contrary to this Decree, are hereby repealed: Provided, That in 
the case of the GSIS, conditions for entitlement to benefits shall be governed by the Labor 
THIS Code, as amended: Provided, However, That the formulas for THE  computation of 
benefits, as well as the contribution base, shall be those provided for under Commonwealth 
Act Numbered One Hundred Eighty-Six, as amended by Presidential Decree No. 1146,  THE 
LAW GOVERNING THE GSIS, plus twenty percent (20%) thereof. (215a) 
 
Title III 
MEDICARE 
Title III 
ADULT EDUCATION 
 
Art. 206. Adult Education. Every ALL employerS shall render assistance in the establishment 
and operation of adult education programs for their workers and employees as prescribed by 
regulations jointly approved by the Department of Labor and EmploymentDOLE and the 
Department of Education, Culture and Sports. (217a) 
 
Book Five 
Labor Relations 
 
Art. 207.  Declaration of Policy.  
A.  
It is the policy of the State: 
(a) 
To promote and emphasize the primacy of free collective bargaining and negotiations 
and the use of alternative modes of dispute resolution, including mediation, as modes 
of settling industrial or labor disputes; 
(b) 
To promote free trade unionism as an instrument for the enhancement of democracy 
and the promotion of social justice and development; 
(c) 
To foster the free and voluntary organization of a strong and united labor movement; 
(d) 
To promote the enlightenment of workers concerning their rights and obligations as 
union members and as employees; 
(e) 
To provide an adequate administrative machinery for the expeditious settlement of 
industrial and labor disputes; 
(f) 
To ensure a stable but dynamic and just industrial peace; and 
(g) 
To ensure the participation of workers in decision and policy-making processes affecting 
their rights, duties and welfare. 
  
B.  
To encourage a truly democratic method of regulating the relations between the 
employers and employees by means of agreements freely entered into through 
collective bargaining, no court or administrative agency or official shall have the power 
to set or fix wages, rates of pay, hours of work or other terms and conditions of 
employment, except as otherwise provided under this Code. (218) 
 
Chapter II 
DEFINITIONS 
 
Art. 208. Definitions. 
(a) "Commission" means the National Labor Relations Commission or any of its divisions, as 
the case may be, as provided under this Code.  
 
(Retain/Insert Provisions on NLRC) 


Title II 
RESOLUTION OF INDUSTRIAL AND LABOR DISPUTES 
 
TITLE III 
BUREAU OF LABOR RELATIONS 
 
ART. 224. Bureau of Labor Relations. The Bureau of Labor Relations and the Labor 
Relations Divisions in the regional offices of the Department of Labor DOLE shall have original 
and exclusive authority to act, at their own initiative or upon request of either or both parties, 
on all inter-union and intra-union conflicts, and all disputes, grievances or problems arising 
from or affecting labor-management relations in all workplaces, whether agricultural or non-
agricultural, except those arising from the implementation or interpretation of collective 
bargaining agreements which shall be the subject of grievance procedure and/or voluntary 
arbitration. 
 
The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to 
extension by agreement of the parties. (232a) 
 
ART. 225. Compromise agreements. Any compromise settlement, including those involving 
labor standard laws, voluntarily agreed upon by the parties with the assistance of the Bureau 
or the regional office of the Department of Labor DOLE, shall be final and binding upon the 
parties. The National Labor Relations Commission or any court, shall not assume jurisdiction 
over issues involved therein except in case of non-compliance thereof or if there is prima facie 
evidence that the settlement was obtained through fraud, misrepresentation, or coercion. 
(233a) 
 
ART. 226. Mandatory Conciliation and Endorsement of Cases.  
 
(a) 
Except as provided in Title VII-A, Book V of this Code, as amended, or as may be 
excepted by the Secretary of Labor and EmploymentSOLE, all issues arising from labor 
and employment shall be subject to mandatory conciliation-mediation. The labor arbiter 
or the appropriate DOLE agency or office that has jurisdiction over the dispute shall 
entertain only endorsed or referred cases by the duly authorized officer. 
 
(b) 
Any or both parties involved in the dispute may pre-terminate the conciliation-mediation 
proceedings and request referral or endorsement to the appropriate DOLE agency or 
office which has jurisdiction over the dispute, or if both parties so agree, refer the 
unresolved issues to voluntary arbitration. (234a) 
 
Art. 227. Issuance of subpoenas. The Bureau shall have the power to require the 
appearance of any person or the production of any paper, document or matter relevant to a 
labor dispute under its jurisdiction, either at the request of any interested party or at its own 
initiative. (235) 
 
Art. 228. Appointment of Bureau personnel.  The Secretary of Labor and Employment 
SOLE may appoint, in addition to the present personnel of the Bureau and the Industrial 
Relations Divisions, such number of examiners and other assistants as may be necessary to 
carry out the purpose of the Code. (As amended by Section 15, Republic Act No. 6715, March 
21, 1989) (236a) 
 
Art. 229. Registry of unions and file of collective bargaining agreements. The Bureau 
shall keep a registry of legitimate labor organizations. The Bureau shall also maintain a file of 
all collective bargaining agreements and other related agreements and records of settlement 
of labor disputes and copies of orders and decisions of voluntary arbitrators. The file shall be 
open and accessible to interested parties under conditions prescribed by the Secretary of 


Labor and EmploymentSOLE, provided that no specific information submitted in confidence 
shall be disclosed unless authorized by the SecretarySOLE, or when it is at issue in any 
judicial litigation, or when public interest or national security so requires. 
 
Within thirty (30) days from the execution of a Collective Bargaining Agreement, the parties 
shall submit copies of the same directly to the Bureau or the Regional Offices of the 
Department of Labor and Employment DOLE for registration, accompanied with verified proofs 
of its posting in two conspicuous places in the place of work and ratification by the majority of 
all the workers in the bargaining unit. The Bureau or Regional Offices shall act upon the 
application for registration of such Collective Bargaining Agreement within five (5) calendar 
days from receipt thereof. The Regional Offices shall furnish the Bureau with a copy of the 
Collective Bargaining Agreement within five (5) days from its submission. 
 
The Bureau or Regional Office shall assess the employer for every Collective Bargaining 
Agreement a registration fee of not less than one thousand pesos (P1,000.00) or in any other 
amount as may be deemed appropriate and necessary by the Secretary of Labor and 
Employment SOLE for the effective and efficient administration of the Voluntary Arbitration 
Program. Any amount collected under this provision shall accrue to the Special Voluntary 
Arbitration Fund. 
 
The Bureau shall also maintain a file and shall undertake or assist in the publication of all final 
decisions, orders and awards of the Secretary of Labor and EmploymentSOLE, Regional 
Directors and the Commission. (As amended by Section 15, Republic Act No. 6715, March 
21, 1989) (237a) 
 
Art. 230. Prohibition on certification election. The Bureau shall not entertain any petition 
for certification election or any other action which may disturb the administration of duly 
registered existing collective bargaining agreements affecting the parties except under Articles 
253259, 253-A260 and 256263 of this Code. (As amended by Section 15, Republic Act No. 
6715, March 21, 1989 (238a) 
 
Art. 231. Privileged communication. Information and statements made at conciliation 
proceedings shall be treated as privileged communication and shall not be used as evidence 
in the Commission. Conciliators and similar officials shall not testify in any court or body 
regarding any matters taken up at conciliation proceedings conducted by them. (239a) 
 
Title IV 
LABOR ORGANIZATIONS 
 
Chapter I 
REGISTRATION AND CANCELLATION 
 
Art. 232. Requirements of Registration. A federation, national union or industry or trade 
union center or an independent union shall acquire legal personality and shall be entitled to 
the rights and privileges granted by law to legitimate labor organizations upon issuance of the 
certificate of registration based on the following requirements:  
(a) 
Fifty pesos (P50.00) registration fee;  
(b) 
The names of its officers, their addresses, the principal address of the labor 
organization, the minutes of the organizational meetings and the list of the workers who 
participated in such meetings;  
(c) 
In case the applicant is an independent union, the names of all its members comprising 
at least twenty percent FIFTEEN PERCENT (15%) of all the employees in the bargaining 
unit where it seeks to operate;  
(d) 
If the applicant union has been in existence for one or more years, copies of its annual 
financial reports; and  


(e) 
Four ELECTRONIC copies of the constitution and by-laws of the applicant union, 
minutes of its adoption or ratification, and the list of the members who participated in it. 
(240a) 
 
Art. 233. Chartering and Creation of a Local Chapter. A duly registered federation or 
national union may directly create a local chapter by issuing a charter certificate indicating the 
establishment of the local chapter. The chapter shall acquire legal personality only for 
purposes of filing a petition for certification election from the date it was issued a charter 
certificate. 
 
The chapter shall be entitled to all other rights and privileges of a legitimate labor organization 
only upon the submission of the following documents in addition to its charter certificate:  
(a) 
The names of the chapter’s officers, their addresses, and the principal office of the 
chapter; and  
(b) 
The chapter’s constitution and by-laws: Provided, That where the chapter’s constitution 
and by-laws are the same as that of the federation or the national union, this fact shall 
be indicated accordingly.  
 
The additional supporting requirements shall be certified under oath by the secretary or 
treasurer of the chapter and attested by its president. (241) 
 
Art. 234. Action on Application. The Bureau shall act on all applications for registration 
within thirty (30) days from filing.  
 
All requisite documents and papers shall be certified under oath by the secretary or the 
treasurer of the organization, as the case may be, and attested to by its president. (242) 
 
Art. 235. Denial of Registration; Appeal. The decision of the Labor Relations Division in the 
regional office denying registration may be appealed by the applicant union to the Bureau 
within ten (10) days from receipt of notice thereof. (243) 
 
Art. 236. Additional Requirements for Federations or National Unions. Subject to Article 
238, If the applicant for registration is a federation or a national union, it shall, in addition to 
the requirements of the preceding Articles, submit the following:  
(a)  Proof of the affiliation of at least ten (10) locals or chapters, each of which must be a 
duly recognized collective bargaining agent in the establishment or industry in which it 
operates, supporting the registration of such applicant federation or national union; and  
(b)  The names and addresses of the companies where the locals or chapters operate and 
the list of all the members in each company involved. (244a) 
 
Art. 237. Cancellation of Registration. The certificate of registration of any legitimate labor 
organization, whether national or local, may be cancelled by the Bureau, after due hearing, 
only on the grounds specified in Article 239 hereof. (245a) 
 
Art. 238. Effect of a Petition for Cancellation of Registration. A petition for cancellation of 
union registration shall not suspend the proceedings for certification election nor shall it 
prevent the filing of a petition for certification election. In case of cancellation, nothing herein 
shall restrict the right of the union to seek just and equitable remedies in the appropriate courts. 
(246) 
 
Art. 239. Grounds for Cancellation of Union Registration. The following may constitute 
grounds for cancellation of union registration: SUBJECT TO DUE PROCESS, THE 
REGISTRATION OF A UNION MAY BE CANCELLED SOLELY FOR ANY OF THE 
FOLLOWING GROUNDS: 


(a) 
Misrepresentation, false statement or fraud in connection with the adoption or ratification 
of the constitution and by-laws or amendments thereto, the minutes of ratification, and 
the list of members who took part in the ratification;  
(b) 
Misrepresentation, false statements or fraud in connection with the election of officers, 
minutes of the election of officers, and the list of voters;  
(c) 
Voluntary dissolution by the members. (247a) 
 
Art. 240. Voluntary Cancellation of Registration. The registration of a legitimate labor 
organization may be cancelled by the organization itself: Provided, That at least two-thirds of 
its general membership votes, in a meeting duly called for that purpose to dissolve the 
organization: Provided, further, That an application to cancel registration is thereafter 
submitted by the board of the organization, attested to by the president thereof. (248) 
 
Art. 241. Equity of the Incumbent. All existing federations and national unions which meet 
the qualifications of a legitimate labor organization and none of the grounds for cancellation 
shall continue to maintain their existing affiliates regardless of the nature of the industry and 
the location of the affiliates. (249) 
 
ART. 242. WHEN MULTI-EMPLOYER BARGAINING AVAILABLE. LEGITIMATE LABOR 
UNIONS AND EMPLOYERS MAY AGREE IN WRITING TO COME TOGETHER FOR THE 
PURPOSE OF COLLECTIVE BARGAINING, PROVIDED: 
(a) 
ONLY LEGITIMATE LABOR UNIONS WHO ARE INCUMBENT EXCLUSIVE 
BARGAINING AGENTS MAY PARTICIPATE AND NEGOTIATE IN MULTI-EMPLOYER 
BARGAINING; 
(b) 
ONLY EMPLOYERS WITH COUNTERPART LEGITIMATE LABOR UNIONS WHO ARE 
INCUMBENT BARGAINING AGENTS MAY PARTICIPATE AND NEGOTIATE IN 
MULTI-EMPLOYER BARGAINING; AND 
(c) 
ONLY THOSE LEGITIMATE LABOR UNIONS WHO PERTAIN TO EMPLOYER UNITS 
WHO CONSENT TO MULTI-EMPLOYER BARGAINING MAY PARTICIPATE IN MULTI-
EMPLOYER BARGAINING. (new) 
 
ART. 243. PROCEDURE IN MULTI-EMPLOYER BARGAINING. MULTI-EMPLOYER 
BARGAINING MAY BE INITIATED BY THE LABOR UNIONS OR BY THE EMPLOYERS.  
(a) 
LEGITIMATE LABOR UNIONS WHO DESIRE TO NEGOTIATE WITH THEIR 
EMPLOYERS COLLECTIVELY SHALL EXECUTE A WRITTEN AGREEMENT AMONG 
THEMSELVES, WHICH SHALL CONTAIN THE FOLLOWING: 
(1) 
THE NAMES OF THE LABOR UNIONS WHO DESIRE TO AVAIL OF MULTI-
EMPLOYER BARGAINING; 
(2) 
EACH LABOR UNION IN THE EMPLOYER UNIT; 
(3) 
THE FACT THAT EACH OF THE LABOR UNIONS ARE THE INCUMBENT 
EXCLUSIVE BARGAINING AGENTS FOR THEIR RESPECTIVE EMPLOYER 
UNITS; 
(4) 
THE DURATION OF THE COLLECTIVE BARGAINING AGREEMENTS, IF ANY, 
ENTERED INTO BY EACH LABOR UNION WITH THEIR RESPECTIVE 
EMPLOYERS. 
LEGITIMATE LABOR UNIONS WHO ARE MEMBERS OF THE SAME 
REGISTERED FEDERATION, NATIONAL, OR INDUSTRY UNION ARE 
EXEMPT FROM EXECUTION OF THIS WRITTEN AGREEMENT. 
 
(b) 
THE LEGITIMATE LABOR UNIONS WHO DESIRE TO BARGAIN WITH MULTI-
EMPLOYERS SHALL SEND A WRITTEN NOTICE TO THIS EFFECT TO EACH 
EMPLOYER CONCERNED. THE WRITTEN AGREEMENT STATED IN THE 
PRECEDING PARAGRAPH, OR THE CERTIFICATES OF REGISTRATION OF THE 
FEDERATION, NATIONAL, OR INDUSTRY UNION, SHALL ACCOMPANY SAID 
NOTICE. 


EMPLOYERS WHO AGREE TO GROUP THEMSELVES OR USE THEIR EXISTING 
ASSOCIATIONS TO ENGAGE IN MULTI-EMPLOYER BARGAINING SHALL SEND A 
WRITTEN NOTICE TO EACH OF THEIR COUNTERPART LEGITIMATE LABOR 
UNIONS INDICATING THEIR DESIRE TO ENGAGE IN MULTI-EMPLOYER 
BARGAINING. SAID NOTICE SHALL INDICATE THE FOLLOWING: 
(1) 
THE NAMES OF THE EMPLOYERS WHO DESIRE TO AVAIL OF MULTI-
EMPLOYER BARGAINING; 
(2) 
THEIR CORRESPONDING LEGITIMATE LABOR ORGANIZATIONS; 
(3) 
THE FACT THAT EACH CORRESPONDING LEGITIMATE UNION IS AN 
INCUMBENT EXCLUSIVE BARGAINING AGENT; 
(4) 
THE 
DURATION 
OF 
THE 
CURRENT 
COLLECTIVE 
BARGAINING 
AGREEMENT, IF ANY, ENTERED INTO BY EACH EMPLOYER WITH THE 
COUNTERPART LEGITIMATE LABOR UNION. 
(c) 
EACH EMPLOYER OR CONCERNED LABOR UNION SHALL EXPRESS ITS 
WILLINGNESS 
OR 
REFUSAL 
TO 
PARTICIPATE 
IN 
MULTI-EMPLOYER 
BARGAINING IN WRITING, ADDRESSED TO ITS CORRESPONDING EXCLUSIVE 
BARGAINING AGENT OR EMPLOYER. NEGOTIATIONS MAY COMMENCE ONLY 
WITH REGARD TO RESPECTIVE EMPLOYERS AND LABOR UNIONS WHO 
CONSENT TO PARTICIPATE IN MULTI-EMPLOYER BARGAINING; 
(d) 
DURING THE COURSE OF NEGOTIATIONS, CONSENTING EMPLOYERS AND THE 
CORRESPONDING LEGITIMATE LABOR UNIONS SHALL DISCUSS AND AGREE 
ON THE FOLLOWING: 
(1) 
THE MANNER BY WHICH NEGOTIATIONS SHALL PROCEED; 
(2) 
THE SCOPE AND COVERAGE OF THE NEGOTIATIONS AND THE 
AGREEMENT; AND 
(3) 
WHERE APPROPRIATE, THE EFFECT OF THE NEGOTIATIONS ON 
CURRENT AGREEMENTS OR CONDITIONS OF EMPLOYMENT AMONG THE 
PARTIES. (new) 
 
ART. 244. POSTING AND REGISTRATION OF COLLECTIVE BARGAINING AGREEMENT. 
TWO (2) SIGNED COPIES OF COLLECTIVE BARGAINING AGREEMENT REACHED 
THROUGH MULTI-EMPLOYER BARGAINING SHALL BE POSTED FOR AT LEAST FIVE (5) 
DAYS IN TWO (2) CONSPICUOUS AREAS IN EACH WORKPLACE OF THE EMPLOYER 
UNITS CONCERNED. THIS COLLECTIVE BARGAINING AGREEMENT SHALL AFFECT 
ONLY THOSE EMPLOYEES IN THE BARGAINING UNITS WHO HAVE RATIFIED IT. 
 
THE SAME COLLECTIVE BARGAINING AGREEMENT SHALL BE REGISTERED WITH THE 
DEPARTMENT IN ACCORDANCE WITH APPLICABLE LAWS AND RULES. (new) 
 
Chapter II 
RIGHTS AND CONDITIONS OF MEMBERSHIP 
 
Art. 245. Rights and Conditions of Membership in a Labor Organization. The following 
are the rights and conditions of membership in a labor organization:  
 
(a) 
No arbitrary or excessive initiation fees shall be required of the members of a legitimate 
labor organization nor shall arbitrary, excessive or oppressive fine and forfeiture be 
imposed;  
(b) 
The members shall be entitled to full and detailed reports from their officers and 
representatives of all financial transactions as provided for in the constitution and by-
laws of the organization;  
(c) 
The members shall directly elect their officers in the local union, as well as their national 
officers in the national union or federation to which they or their local union is affiliated, 
by secret ballot at intervals of five (5) years. No qualification requirement for candidacy 
to any position shall be imposed other than membership in good standing in subject 


labor organization. The secretary or any other responsible union officer shall furnish the 
Secretary of Labor and Employment SOLE with a list of the newly-elected officers, 
together with the appointive officers or agents who are entrusted with the handling of 
funds within thirty (30) calendar days after the election of officers or from the occurrence 
of any change in the list of officers of the labor organization;  
(d) 
The members shall determine by secret ballot, after due deliberation, any question of 
major policy affecting the entire membership of the organization, unless the nature of 
the organization or force majeure renders such secret ballot impractical, in which case, 
the board of directors of the organization may make the decision in behalf of the general 
membership;  
(e) 
No labor organization shall knowingly admit as members or continue in membership any 
individualS who belongs to a subversive organization or who is ARE engaged directly 
or indirectly in any subversive activity;  
(f) 
No person who has been convicted of a crime involving moral turpitude, INCLUDING 
SEXUAL HARASSMENT OR OTHER SEX-RELATED OFFENSES, shall be eligible for 
election as a union officer or for appointment to any position in the union;  
(g) 
No officer, agent or member of a labor organization shall collect any fees, dues, or other 
contributions in its behalf or make any disbursement of its money or funds unless he is 
THEY ARE duly authorized pursuant to its constitution and by-laws; 
(h) 
Every payment of fees, dues or other contributions by a member shall be evidenced by 
a receipt signed by the officer or agent making the collection and entered into the record 
of the organization to be kept and maintained for the purpose;  
(i) 
The funds of the organization shall not be applied for any purpose or object other than 
those expressly provided by its constitution and by-laws or those expressly authorized 
by written resolution adopted by the majority of the members at a general meeting duly 
called for the purpose;  
(j) 
Every income or revenue of the organization shall be evidenced by a record showing its 
source, and every expenditure of its funds shall be evidenced by a receipt from the 
person to whom the payment is made, which shall state the date, place and purpose of 
such payment. Such record or receipt shall form part of the financial records of the 
organization.  
Any action involving the funds of the organization shall prescribe after three (3) years 
from the date of submission of the annual financial report to the Department of Labor 
and Employment DOLE or from the date the same should have been submitted as 
required by law, whichever comes earlier: Provided, That this provision shall apply only 
to a legitimate labor organization which has submitted the financial report requirements 
under this Code: Provided, further, That failure of any labor organization to comply with 
the periodic financial reports required by law and such rules and regulations 
promulgated thereunder six (6) months after the effectivity of this Act Code shall 
automatically result in the cancellation of union registration of such labor organization;  
(k) 
The officers of any labor organization shall not be paid any compensation other than the 
salaries and expenses due to their positions as specifically provided for in its constitution 
and by-laws, or in a written resolution duly authorized by a majority of all the members 
at a general membership meeting duly called for the purpose. The minutes of the 
meeting and the list of participants and ballots cast shall be subject to inspection by the 
Secretary of Labor and Employment SOLE or his THEIR duly authorized 
representatives. Any irregularities in the approval of the resolutions shall be a ground 
for impeachment or expulsion from the organization;  
(l) 
The treasurerS of any labor organizationS and every officerS thereof who is ARE 
responsible for the account of such organization or for the collection, management, 
disbursement, custody or control of the funds, moneys and other properties of the 
organization, shall render to the organization and to its members a true and correct 
account of all moneys received and paid by him THEM since he THEY assumed office 
or since the last day on which he THEY rendered such account, and of all bonds, 


securities and other properties of the organization entrusted to his THEIR custody or 
under his THEIR control. The rendering of such account shall be made:  
(1) 
At least once a year within thirty (30) days after the close of its fiscal year;  
(2) 
At such other times as may be required by a resolution of the majority of the 
members of the organization; and  
(3) 
Upon vacating his THEIR office.  
The account shall be duly audited and verified by affidavit and a copy thereof shall be 
furnished the Secretary of Labor SOLE. 
(m) The books of accounts and other records of the financial activities of any labor 
organization shall be open to inspection by any officer or member thereof during office 
hours;  
(n) 
No special assessment or other extraordinary fees may be levied upon the members of 
a labor organization unless authorized by a written resolution of a majority of all the 
members in a general membership meeting duly called for the purpose. The secretary 
of the organization shall record the minutes of the meeting including the list of all 
members present, the votes cast, the purpose of the special assessment or fees and 
the recipient of such assessment or fees. The record shall be attested to by the 
president.  
(o) 
Other than for mandatory activities under the Code, no special assessments, from any 
amount due to an employee without an individual written authorization duly signed by 
the employee. The authorization should specifically state the amount, purpose and 
beneficiary of the deduction; and  
(p) 
It shall be the duty of any labor organization and its officers to inform its members on 
the provisions of its constitution and by-laws, collective bargaining agreement, the 
prevailing labor relations system and all their rights and obligations under existing labor 
laws AND LABOR-RELATED LAWS, INCLUDING GENDER-RELATED LAWS.  
 
 
For this purpose, registered labor organizations may assess reasonable dues to finance labor 
relations seminars and other labor education activities.  
 
Any violation of the above rights and conditions of membership shall be a ground for 
cancellation of union registration or expulsion of officers from office, whichever is appropriate. 
At least thirty percent (30%) of the members of a union or any member or members specially 
concerned may report such violation to the Bureau. The Bureau shall have the power to hear 
and decide any reported violation to mete the appropriate penalty.  
 
Criminal and civil liabilities arising from violations of above rights and conditions of 
membership shall continue to be under the jurisdiction of ordinary courts. (250a) 
 
Chapter III 
RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS 
 
Art. 246. Rights of Legitimate Labor Organizations. A legitimate labor organization shall 
have the right:  
(a) 
To act as the representative of its members for the purpose of collective bargaining;  
(b) 
To be certified as the exclusive representative of all the employees in an appropriate 
bargaining unit for purposes of collective bargaining;  
(c) 
To be furnished by the employer, upon written request, with its annual audited financial 
statements, including the balance sheet and the profit and loss statement, within thirty 
(30) calendar days from the date of receipt of the request, after the union has been duly 
recognized by the employer or certified as the sole and exclusive bargaining 
representative of the employees in the bargaining unit, or within sixty (60) calendar days 
before the expiration of the existing collective bargaining agreement, or during the 
collective bargaining negotiation;  


(d) 
To own property, real or personal, for the use and benefit of the labor organization and 
its members;  
(e) 
To sue and be sued in its registered name; and  
(f) 
To undertake all other activities designed to benefit the organization and its members, 
including cooperative, housing, welfare and other projects not contrary to law.  
 
Notwithstanding any provision of a general or special law to the contrary, the income and the 
properties of legitimate labor organizations, including grants, endowments, gifts, donations 
and contributions they may receive from fraternal and similar organizations, local or foreign, 
which are actually, directly and exclusively used for their lawful purposes, shall be free from 
taxes, duties and other assessments. The exemptions provided herein may be withdrawn only 
by a special law expressly repealing this provision. (251) 
 
Art. 247. Reportorial Requirements. The following are documents required to be submitted 
to the Bureau by the legitimate labor organization concerned: 
 
(a) 
Its constitution and by-laws, or amendments thereto, the minutes of ratification, and the 
list of members who took part in the ratification of the constitution and by-laws within 
thirty (30) days from adoption or ratification of the constitution and by-laws or 
amendments thereto;  
(b) 
Its list of officers, minutes of the election of officers, and list of voters within thirty (30) 
days from election;  
(c) 
Its annual financial report within thirty (30) days after the close of every fiscal year; and  
(d) 
Its list of members at least once a year or whenever required by the Bureau.  
 
Failure to comply with the above requirements shall not be a ground for cancellation of union 
registration but shall subject the erring officers or members to suspension, expulsion from 
membership, or any appropriate penalty. (252) 
 
 
 
 
 
Title V 
COVERAGE 
 
ART. 248. Coverage and Employees' Right to Self-Organization. All persons employed in 
commercial, industrial and agricultural enterprises and in religious, charitable, medical, or 
educational institutions, whether operating for profit or not, shall have the right to self-
organization and to form, join, or assist labor organizations of their own choosing for purposes 
of collective bargaining. Ambulant, intermittent and itinerant workers, self-employed people, 
rural workers and those without any definite employers may form labor organizations for their 
mutual aid and protection. (253) 
 
Art. 249. Right of Employees in the Public Service. Employees of government corporations 
established under the Corporation Code shall have the right to organize and to bargain 
collectively with their respective employers. All other employees in the civil service shall have 
the right to form associations for purposes not contrary to law. (254) 
 
Art. 250. Ineligibility of Managerial Employees to Join any Labor Organization; Right of 
Supervisory Employees. Managerial employees are not eligible to join, assist or form any 
labor organization. Supervisory employees shall not be eligible for membership in the 
collective bargaining unit of the rank-and-file employees but may join, assist or form separate 
collective bargaining units and/or legitimate labor organizations of their own. The rank and file 


union and the supervisors' union operating within the same establishment may join the same 
federation or national union. (255) 
 
Art. 251. Effect of Inclusion as Members of Employees Outside the Bargaining Unit. The 
inclusion as union members of employees outside the bargaining unit shall not be a ground 
for the cancellation of the registration of the union. Said employees are automatically deemed 
removed from the list of membership of said union. (256) 
 
Art. 252. Non-Abridgment of Right to Self-Organization. It shall be unlawful for any person 
to restrain, coerce, discriminate against or unduly interfere with employees and workers in 
their exercise of the right to self-organization. Such right shall include the right to form, join, or 
assist labor organizations for the purpose of collective bargaining through representatives of 
their own choosing and to engage in lawful concerted activities for the same purpose for their 
mutual aid and protection, subject to the provisions of Article 264 283 of this Code. (257a) 
 
Title VI 
UNFAIR LABOR PRACTICES 
 
Chapter I 
CONCEPT 
 
Art. 253. Concept of Unfair Labor Practice and Procedure for Prosecution Thereof. 
Unfair labor practices violate the constitutional right of workers and employees to self-
organization, are inimical to the legitimate interests of both labor and management, including 
their right to bargain collectively and otherwise deal with each other in an atmosphere of 
freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and 
stable labor management relations.  
 
Consequently, unfair labor practices are not only violations of the civil rights of both labor and 
management but are also criminal offenses against the State which shall be subject to 
prosecution and punishment as herein provided.  
 
Subject to the exercise by the President or by the Secretary of Labor and Employment SOLE 
of the powers vested in them by Articles 263  282 and 264 283 of this Code, the civil aspects 
of all cases involving unfair labor practices, which may include claims for actual, moral, 
exemplary and other forms of damages, attorney’s fees and other affirmative relief, shall be 
under the jurisdiction of the Labor Arbiters. The Labor Arbiters shall give utmost priority to the 
hearing and resolution of all cases involving unfair labor practices. They shall resolve such 
cases within thirty (30) calendar days from the time they are submitted for decision. 
 
Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil 
Code.  
 
No criminal prosecution under this Title may be instituted without a final judgment finding that 
an unfair labor practice was committed, having been first obtained in the preceding paragraph. 
During the pendency of such administrative proceeding, the running of the period of 
prescription of the criminal offense herein penalized shall be considered interrupted: Provided, 
however, That the final judgment in the administrative proceedings shall not be binding in the 
criminal case nor be considered as evidence of guilt but merely as proof of compliance of the 
requirements therein set forth. (258a) 
 
Chapter II 
UNFAIR LABOR PRACTICES OF EMPLOYERS 
 


Art. 254. Unfair Labor Practices of Employers. It shall be unlawful for an employerS to 
commit any of the following unfair labor practices:  
 
(a) 
To interfere with, restrain or coerce employees in the exercise of their right to self-
organization;  
(b) 
To require as a condition of employment that a personS or an employeeS shall not join 
a labor organization or shall withdraw from one to which he belongs THEY BELONG; 
(c) 
To contract out services or functions being performed by union members when such will 
interfere with, restrain or coerce employees in the exercise of their right to self-
organization;  
(d) 
To initiate, dominate, assist or otherwise interfere with the formation or administration of 
any labor organization, including the giving of financial or other support to it or its 
organizers or supporters;  
(e) 
To discriminate in regard to wages, hours of work and other terms and conditions of 
employment in order to encourage or discourage membership in any labor organization. 
Nothing in this Code or in any other law shall stop the parties from requiring membership 
in a recognized collective bargaining agent as a condition for employment, except those 
employees who are already members of another union at the time of the signing of the 
collective bargaining agreement.  Employees of an appropriate bargaining unit who are 
not members of the recognized collective bargaining agent may be assessed a 
reasonable fee equivalent to the dues and other fees paid by members of the recognized 
collective bargaining agent, if such non-union members accept the benefits under the 
collective bargaining agreement: Provided, That the individual authorization required 
under Article 242 240, paragraph (o) of this Code shall not apply to the non-members of 
the recognized collective bargaining agent;  
(f) 
To dismiss, discharge or otherwise prejudice or discriminate against an employeeS for 
having given or being about to give testimony under this Code;   
(g) 
To violate the duty, OR REFUSE, to bargain collectively as prescribed by this Code 
WITH THE EMPLOYEES; 
(h) 
To pay negotiation or attorney’s fees to the union or its officers or agents as part of the 
settlement of any issue in collective bargaining or any other dispute; or  
(i) 
To violate a collective bargaining agreement. The provisions of the preceding paragraph 
notwithstanding, only the officers and agents of corporations, associations or 
partnerships who have actually participated in, authorized or ratified unfair labor 
practices shall be held criminally liable. (259a) 
 
Chapter III 
UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS 
 
Art. 255. Unfair Labor Practices of Labor Organizations. It shall be unfair labor practice for 
a labor organization, its officers, agents or representatives:  
 
(a) 
To restrain or coerce employees in the exercise of their right to self-organization. 
However, a labor organization shall have the right to prescribe its own rules with respect 
to the acquisition or retention of membership;  
(b) 
To cause or attempt to cause an employerS to discriminate against an employeeS, 
including discrimination against an employeeS with respect to whom membership in 
such organization has been denied or to terminate an employeeS on any ground other 
than the usual terms and conditions under which membership or continuation of 
membership is made available to other members;   
(c) 
To violate the duty, or refuse to bargain collectively with the employerS, provided it is 
the representative of the employees;  
(d) 
To cause or attempt to cause an employerS to pay or deliver or agree to pay or deliver 
any money or other things of value, in the nature of an exaction, for services which are 


not performed or not to be performed, including the demand for fee for union 
negotiations;  
(e) 
To ask for or accept negotiation or attorney’s fees from employers as part of the 
settlement of any issue in collective bargaining or any other dispute; or 
(f) 
To violate a collective bargaining agreement.  
 
The provisions of the preceding paragraph notwithstanding, only the officers, members of 
governing boards, representatives or agents or members of labor associations or 
organizations who have actually participated in, authorized or ratified unfair labor practices 
shall be held criminally liable. (260a) 
 
Title VII 
COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS 
 
Art. 256. Procedure in Collective Bargaining. The following procedures shall be observed 
in collective bargaining IN ALL PUBLIC AND PRIVATE ENTITIES: 
(a) 
When a party desires to negotiate an agreement, it shall serve a written notice upon the 
other party with a statement of its proposals. The other party shall make a reply thereto 
not later than ten (10) calendar days from receipt of such notice; 
(b) 
Should differences arise on the basis of such notice and reply, either party may request 
for a conference which shall begin not later than ten (10) calendar days from the date of 
request. 
(c) 
If the dispute is not settled, the Board shall intervene upon request of either or both 
parties or at its own initiative and immediately call the parties to conciliation meetings. 
The Board shall have the power to issue subpoenas requiring the attendance of the 
parties to such meetings. It shall be the duty of the parties to participate fully and 
promptly in the conciliation meetings the Board may call; 
(d) 
During the conciliation proceedings in the Board, the parties are prohibited from doing 
any act which may disrupt or impede the early settlement of the disputes; and 
(e) 
The Board shall exert all efforts to settle disputes amicably and encourage the parties 
to submit their case to a voluntary arbitrator. (261a) 
 
Art. 257. Duty to Bargain Collectively in the Absence of Collective Bargaining 
Agreements. In the absence of an agreement or other voluntary arrangement providing for a 
more expeditious manner of collective bargaining, it shall be the duty of employerS and the 
representatives of the employees to bargain collectively in accordance with the provisions of 
this Code. (262a) 
 
Art. 258. Meaning of Duty to Bargain Collectively. The duty to bargain collectively means 
the performance of a mutual obligation to meet and convene promptly and expeditiously in 
good faith for the purpose of negotiating an agreement with respect to wages, hours of work 
and all other terms and conditions of employment including proposals for adjusting any 
grievances or questions arising under such agreement and executing a contract incorporating 
such agreements if requested by either party but such duty does not compel any party to agree 
to a proposal or to make any concession. (263) 
 
Art. 259. Duty to Bargain Collectively When There Exists a Collective Bargaining 
Agreement. When there is a collective bargaining agreement, the duty to bargain collectively 
shall also mean that neither party shall terminate nor modify such agreement during its lifetime. 
However, either party can serve a written notice to terminate or modify the agreement at least 
sixty (60) days prior to its expiration date. It shall be the duty of both parties to keep the status 
quo and to continue in full force and effect the terms and conditions of the existing agreement 
during the 60-day period and/or until a new agreement is reached by the parties. (264a) 
 


Art. 260. Terms of a Collective Bargaining Agreement. Any Collective Bargaining 
Agreement that the parties may enter into shall, insofar as the representation aspect is 
concerned, be for a term of five (5) years. No petition questioning the majority status of the 
incumbent bargaining agent shall be entertained and no certification election shall be 
conducted by the Department of Labor and Employment DOLE outside of the sixty-day period 
immediately before the date of expiry of such five-year term of the Collective Bargaining 
Agreement. All other provisions of the Collective Bargaining Agreement shall be renegotiated 
not later than three (3) years after its execution. Any agreement on such other provisions of 
the Collective Bargaining Agreement entered into within six (6) months from the date of expiry 
of the term of such other provisions as fixed in such Collective Bargaining Agreement, shall 
retroact to the day immediately following such date. If any such agreement is entered into 
beyond six (6) months, the parties shall agree on the duration of retroactivity thereof. In case 
of a deadlock in the renegotiation of the Collective Bargaining Agreement, the parties may 
exercise their rights under this Code. (265) 
 
Art. 261. Injunction Prohibited. No temporary or permanent injunction or restraining order in 
any case involving or growing out of labor disputes shall be issued by any court or other entity, 
except as otherwise provided in Articles 218 210 and 264 283 of this Code. (266a) 
 
Art. 262. Exclusive Bargaining Representation and Workers' Participation in Policy and 
Decision-Making. The labor organization designated or selected by the majority of the 
employees in an appropriate collective bargaining unit shall be the exclusive representative of 
the employees in such unit for the purpose of collective bargaining. However, an individual 
employee or group of employees shall have the right at any time to present grievances to their 
employerS. 
 
Any provision of law to the contrary notwithstanding, workers shall have the right, subject to 
such rules and regulations as the Secretary of Labor and Employment SOLE may promulgate, 
to participate in policy and decision-making processes of the establishment where they are 
employed insofar as said processes will directly affect their rights, benefits and welfare. For 
this purpose, workers and employers may form labor-management councils: Provided, That 
the representatives of the workers in such labor-management councils shall be elected by at 
least the majority of all employees in said establishment THE APPROPRIATE EXCLUSIVE 
BARGAINING REPRESENTATIVE; PROVIDED, FURTHER, THAT AT LEAST FIFTY 
PERCENT (50%) OF THE ELECTED REPRESENTATIVES OF EACH OF THE WORKERS 
AND EMPLOYERS ARE WOMEN.  
 
WHERE THERE ARE BARGAINING UNITS OF RANK-AND-FILE AND SUPERVISORY 
EMPLOYEES IN THE SAME ESTABLISHMENT, THE EMPLOYEES SHALL BE ENTITLED 
TO BE REPRESENTED IN TWO (2) SEPARATE LABOR-MANAGEMENT COUNCILS IN 
THE ESTABLISHMENT.  WHERE NO LEGITIMATE LABOR ORGANIZATION EXIST, THE 
WORKERS REPRRESENTATIVE SHALL BE ELECTED DIRECTLY BY THE EMPLOYEES 
AT LARGE; PROVIDED, THAT THERE SHALL BE TWO (2) SEPARATE LABOR-
MANAGEMENT 
COUNCILS, 
ONE 
WITH 
RANK-AND-FILE 
EMPLOYEES 
REPRESENTATIVES, 
AND 
ANOTHER 
WITH 
SUPERVISORY 
EMPLOYEES 
REPRESENTATIVES; PROVIDED, FINALLY, THAT AT LEAST FIFTY PERCENT (50%) OF 
THE REPRESENTATIVES OF EACH OF THE WORKERS AND EMPLOYERS 
REPRESENTATION ARE WOMEN. (267a) 
 
Art. 
263. 
Representation 
Issue 
in 
Organized 
Establishments. 
In 
organized 
establishments, when a verified petition questioning the majority status of the incumbent 
bargaining agentS is filed by any legitimate labor organization including a national union or 
federation which has already issued a charter certificate to its local chapter participating in the 
certification election or a local chapter which has been issued a charter certificate by the 
national union or federation before the Department of Labor and Employment DOLE within 


the sixty (60)-day period before the expiration of the collective bargaining agreement, the 
MEDIATOR-ARBITER (Med-Arbiter) shall automatically order an election by secret ballot 
when the verified petition is supported by the written consent of at least twenty-five percent 
(25%) of all the employees in the bargaining unit to ascertain the will of the employees in the 
appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in 
the unit must have cast their votes. The labor union receiving the majority of the valid votes 
cast shall be certified as the exclusive bargaining agent of all the workers in the unit. When an 
election which provides for three or more choices results in no choice receiving a majority of 
the valid votes cast, a run-off election shall be conducted between the labor unions receiving 
the two highest number of votes: Provided, That the total number of votes for all contending 
unions is at least fifty percent (50%) of the number of votes cast. In cases where the petition 
was filed by a national union or federation, it shall not be required to disclose the names of 
the local chapter’s officers and members. 
 
At the expiration of the freedom period, the employerS shall continue to recognize the majority 
status of the incumbent bargaining agentS where no petition for certification election is filed. 
(268a) 
 
Art. 264. Petitions in Unorganized Establishments. In any establishment where there is no 
certified bargaining agent, a certification election shall automatically be conducted by the Med-
Arbiter UPON THE TRANSMITTAL OF THE RECORDS FROM THE REGIONAL DIRECTOR. 
(269a) 
 
Art. 265. When an Employer May File Petition. When requested to bargain collectively, an 
EMPLOYERS may petition the Bureau for an election. If there is no existing certified collective 
bargaining agreement in the unit, the Bureau shall, after hearing, order a certification election. 
All certification cases shall be decided within twenty (20) working days. The Bureau shall 
conduct a certification election within twenty (20) days in accordance with the rules and 
regulations prescribed by the Secretary of Labor and Employment SOLE. (270a) 
 
Art. 266. Employer as Bystander. In all cases, whether the petition for certification election 
is filed by an employerS or a legitimate labor organizationS, the employerS shall not be 
considered a party thereto with a concomitant right to oppose a petition for certification 
election. The employerS’ participation in such proceedings shall be limited to: (1) being notified 
or informed of petitions of such nature; and (2) submitting the list of employees during the pre-
election conference should the Med-Arbiter act favorably on the petition. (271a) 
 
ART. 
267. 
RECLASSIFICATION 
OF 
POSITIONS, 
TRANSFERS, 
ETC. 
RECLASSIFICATION, DEMOTION, PROMOTION AND TRANSFER OF POSITIONS SHALL 
NOT BE UNDERTAKEN DURING THE SIXTY (60)-DAY FREEDOM PERIOD OR 
THROUGHOUT THE CONDUCT OF CERTIFICATION, CONSENT, RUN-OFF ELECTION, 
OR RERUN. (new) 
 
Art. 268. Appeal from Certification Election Orders. Any party to an election may appeal 
the order or results of the election as determined by the Med-Arbiter directly to the Secretary 
of Labor and Employment SOLE on the ground that the rules and regulations or parts thereof 
established by the Secretary of Labor and Employment SOLE for the conduct of the election 
have been violated. WHERE APPEAL IS AVAILABLE, A PARTY AGGRIEVED BY THE 
DECISION OF THE MED-ARBITER HAS TEN (10) DAYS FROM RECEIPT OF THE 
ADVERSE ORDER WITHIN WHICH TO APPEAL TO THE SOLE. Such appeal shall be 
decided within fifteen (15) calendar days. (272a) 
 
ART. 269. WHERE TO FILE. ANY LEGITIMATE LABOR ORGANIZATION MAY FILE A 
REQUEST FOR SOLE AND EXCLUSIVE BARGAINING AGENT/REPRESENTATIVE 


(SEBA) CERTIFICATION IN THE REGIONAL OFFICE WHICH ISSUED ITS CERTIFICATE 
OF REGISTRATION OR CERTIFICATE OF CREATION OF CHARTERED LOCAL. (new) 
 
ART. 270. REQUIREMENTS FOR REQUEST OF SEBA CERTIFICATION. THE REQUEST 
FOR CERTIFICATION SHALL INDICATE: 
  
(a) 
THE NAME AND ADDRESS OF THE REQUESTING LEGITIMATE LABOR 
ORGANIZATION; 
(b) 
THE NAME AND ADDRESS OF THE COMPANY WHERE IT OPERATES; 
(c) 
THE BARGAINING UNIT SOUGHT TO BE REPRESENTED; 
(d) 
THE APPROXIMATE NUMBER OF EMPLOYEES IN THE BARGAINING UNIT; AND 
(f) 
THE STATEMENT OF THE EXISTENCE OR NON-EXISTENCE OF OTHER LABOR 
ORGANIZATIONS OR COLLECTIVE BARGAINING AGREEMENT. 
  
THE CERTIFICATE OF REGISTRATION AS DULY CERTIFIED BY THE PRESIDENT OF 
THE REQUESTING UNION OR CERTIFICATE OF CREATION OF CHARTERED LOCAL AS 
DULY CERTIFIED BY THE PRESIDENT OF THE FEDERATION OF THE LOCAL SHALL BE 
ATTACHED TO THE REQUEST. (new) 
 
ART. 271. ACTION ON THE REQUEST. WITHIN ONE (1) DAY FROM THE SUBMISSION 
OF THE REQUEST, THE REGIONAL DIRECTOR SHALL: 
(a) 
DETERMINE WHETHER THE REQUEST IS COMPLIANT WITH THE PRECEDING 
ARTICLE AND WHETHER THE BARGAINING UNIT SOUGHT TO BE REPRESENTED 
IS ORGANIZED OR NOT; AND 
(b) 
REQUEST A COPY OF THE PAYROLL FOR PURPOSES OF SEBA CERTIFICATION 
PURSUANT TO THE NEXT PRECEDING ARTICLE. 
  
IF THE REGIONAL DIRECTOR FINDS THE SUBMISSION DEFICIENT, THE REQUESTING 
UNION OR LOCAL SHALL BE ADVISED TO COMPLY WITHIN TEN (10) DAYS FROM 
NOTICE. FAILURE TO COMPLY WITHIN THE PRESCRIBED PERIOD SHALL BE DEEMED 
AS A WITHDRAWAL OF THE REQUEST FOR SEBA CERTIFICATION. (new) 
 
ART. 272. REQUEST FOR CERTIFICATION IN UNORGANIZED ESTABLISHMENT WITH 
ONLY ONE LEGITIMATE LABOR ORGANIZATION; VALIDATION PROCEEDINGS. IF THE 
REGIONAL DIRECTOR FINDS THE ESTABLISHMENT UNORGANIZED WITH ONLY ONE 
LEGITIMATE LABOR ORGANIZATION, THEY SHALL CALL A CONFERENCE WITHIN FIVE 
(5) WORK DAYS FOR THE SUBMISSION OF THE FOLLOWING: 
  
(a) 
THE NAMES OF EMPLOYEES IN THE COVERED BARGAINING UNIT WHO SIGNIFY 
THEIR SUPPORT FOR THE CERTIFICATION, PROVIDED THAT SAID EMPLOYEES 
COMPRISE AT LEAST MAJORITY OF THE NUMBER OF EMPLOYEES IN THE 
COVERED BARGAINING UNIT; AND 
(b) 
CERTIFICATION UNDER OATH BY THE PRESIDENT OF THE REQUESTING UNION 
OR LOCAL THAT ALL DOCUMENTS SUBMITTED ARE TRUE AND CORRECT 
BASED ON THEIR PERSONAL KNOWLEDGE. 
  
THE SUBMISSION SHALL BE PRESUMED TO BE TRUE AND CORRECT UNLESS 
CONTESTED UNDER OATH BY ANY MEMBER OF THE BARGAINING UNIT DURING THE 
VALIDATION CONFERENCE. FOR THIS PURPOSE, THE EMPLOYER OR ANY 
REPRESENTATIVE OF THE EMPLOYER SHALL NOT BE DEEMED A PARTY-IN-
INTEREST BUT ONLY AS A BY-STANDER TO THE PROCESS OF CERTIFICATION. 
  
IF THE REQUESTING UNION OR LOCAL FAILS TO COMPLETE THE REQUIREMENTS 
FOR SEBA CERTIFICATION DURING THE CONFERENCE, THE REQUEST FOR SEBA 


CERTIFICATION SHALL BE REFERRED TO THE APPROPRIATE MED-ARBITER FOR 
THE CONDUCT OF CERTIFICATION ELECTIONS. (new) 
 
ART. 273. ACTION ON THE SUBMISSION. IF THE REGIONAL DIRECTOR FINDS THE 
REQUIREMENTS COMPLETE, THEY SHALL ISSUE DURING THE CONFERENCE A 
CERTIFICATION AS SOLE AND EXCLUSIVE BARGAINING AGENT ENJOYING THE 
RIGHTS AND PRIVILEGES OF AN EXCLUSIVE BARGAINING AGENT OF ALL THE 
EMPLOYEES IN THE COVERED BARGAINING UNIT. 
 
THE REGIONAL DIRECTOR SHALL CAUSE THE POSTING OF THE SEBA CERTIFICATION 
FOR FIFTEEN (15) DAYS IN AT LEAST TWO (2) CONSPICUOUS PLACES IN THE 
ESTABLISHMENT OR COVERED BARGAINING UNIT. (new) 
 
ART. 274. EFFECT OF CERTIFICATION. UPON THE ISSUANCE OF THE CERTIFICATION 
AS SOLE AND EXCLUSIVE BARGAINING AGENT, THE CERTIFIED UNION OR LOCAL 
SHALL ENJOY ALL THE RIGHTS AND PRIVILEGES OF AN EXCLUSIVE BARGAINING 
AGENT OF ALL THE EMPLOYEES IN THE COVERED BARGAINING UNIT. 
  
THE CERTIFICATION SHALL BAR THE FILING OF A PETITION FOR CERTIFICATION 
ELECTION BY ANY LABOR ORGANIZATION FOR A PERIOD OF ONE (1) YEAR FROM 
THE DATE OF ITS ISSUANCE.  UPON EXPIRATION OF THIS ONE-YEAR PERIOD, ANY 
LEGITIMATE LABOR ORGANIZATION MAY FILE A PETITION FOR CERTIFICATION 
ELECTION IN THE SAME BARGAINING UNIT REPRESENTED BY THE CERTIFIED 
LABOR ORGANIZATION, UNLESS A COLLECTIVE BARGAINING AGREEMENT 
BETWEEN THE EMPLOYER AND THE CERTIFIED LABOR ORGANIZATION WAS 
EXECUTED AND VALIDLY REGISTERED WITH THE REGIONAL OFFICE. (new) 
 
ART. 275. REQUEST FOR CERTIFICATION IN AN UNORGANIZED ESTABLISHMENT 
WITH MORE THAN ONE (1) LEGITIMATE LABOR ORGANIZATION. IF THE REGIONAL 
DIRECTOR FINDS THE ESTABLISHMENT UNORGANIZED WITH MORE THAN ONE 
LEGITIMATE LABOR ORGANIZATION, THEY SHALL REFER THE SAME TO THE 
APPROPRIATE MED-ARBITER FOR THE CONDUCT OF CERTIFICATION ELECTION. 
  
THE CERTIFICATION ELECTION SHALL BE CONDUCTED IN ACCORDANCE WITH 
ARTICLE 264. (new) 
 
ART. 276. REQUEST FOR CERTIFICATION IN ORGANIZED ESTABLISHMENT. IF THE 
REGIONAL DIRECTOR FINDS THE ESTABLISHMENT ORGANIZED, THEY SHALL REFER 
THE SAME TO THE MEDIATOR-ARBITER FOR THE DETERMINATION OF THE 
PROPRIETY OF CONDUCTING A CERTIFICATION ELECTION IN ACCORDANCE WITH 
ARTICLE 263. (new) 
 
Title VIII 
A GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION 
 
ART. 277. Grievance Machinery and Voluntary Arbitration. The parties to a Collective 
Bargaining Agreement shall include therein provisions that will ensure the mutual observance 
of its terms and conditions. They shall establish a machinery for the adjustment and resolution 
of grievances arising from the interpretation or implementation of their Collective Bargaining 
Agreement and those arising from the interpretation or enforcement of company personnel 
policies.  
 
All grievances submitted to the grievance machinery which are not settled within seven (7) 
calendar days from the date of its submission shall automatically be referred to voluntary 
arbitration prescribed in the Collective Bargaining Agreement.  


 
For this purpose, parties to a Collective Bargaining Agreement shall name and designate in 
advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement 
a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, 
preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In 
case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board 
shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be 
necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining 
Agreement, which shall act with the same force and effect as if the Arbitrator or panel of 
Arbitrators have been selected by the parties as described above. (273) 
 
Art. 278. Jurisdiction of Voluntary Arbitrators and Panel of Voluntary Arbitrators. The 
Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and exclusive 
jurisdiction to hear and decide all unresolved grievances arising from the interpretation or 
implementation of the Collective Bargaining Agreement and those arising from the 
interpretation or enforcement of company personnel policies referred to in the immediately 
preceding article. Accordingly, violations of a Collective Bargaining Agreement, except those 
which are gross in character, shall no longer be treated as unfair labor practice and shall be 
resolved as grievances under the Collective Bargaining Agreement. For purposes of this 
article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or 
malicious refusal to comply with the economic provisions of such agreement.  
 
The Commission, its Regional Offices and the Regional Directors of the Department of Labor 
and Employment DOLE shall not entertain disputes, grievances or matters under the exclusive 
and original jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators and shall 
immediately dispose and refer the same to the Grievance Machinery or Voluntary Arbitration 
provided in the Collective Bargaining Agreement. (274a) 
 
Art. 279. Jurisdiction over Other Labor Disputes. The Voluntary Arbitrator or panel of 
Voluntary Arbitrators, upon agreement of the parties, shall also hear and decide all other labor 
disputes including unfair labor practices and bargaining deadlocks. (275) 
 
Art. 280. Procedures. The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have 
the power to hold hearings, receive evidence and take whatever action is necessary to resolve 
the issue or issues subject of the dispute, including efforts to effect a voluntary settlement 
between parties. 
  
All parties to the dispute shall be entitled to attend the arbitration proceedings. The attendance 
of any third party or the exclusion of any witness from the proceedings shall be determined by 
the Voluntary Arbitrator or panel of Voluntary Arbitrators. Hearing may be adjourned for cause 
or upon agreement by the parties. 
  
FAILURE TO APPEAR IN THE VOLUNTARY ARBITRATION DESPITE NOTICE SHALL BE 
DEEMED A WAIVER OF THE RIGHT TO BE HEARD. THE UNION MAY FILE AN EX PARTE 
MOTION TO SUBMIT THE ISSUE FOR EARLY RESOLUTION. 
  
Unless the parties agree otherwise, it shall be mandatory for the Voluntary Arbitrator or panel 
of Voluntary Arbitrators to render an award or decision within twenty (20) calendar days from 
the date of submission of the dispute to voluntary arbitration. 
  
The award or decision of the Voluntary Arbitrator or panel of Voluntary Arbitrators shall contain 
the facts and the law on which it is based. It shall be final and executory after ten (10) calendar 
days from receipt of the copy of the award or decision by the parties. A PARTY AGGRIEVED 
BY THE RULING MAY FILE A MOTION FOR RECONSIDERATION WITHIN TEN (10) DAYS 
FROM 
NOTICE. 
ONLY 
AFTER 
THE 
RESOLUTION 
OF 
THE 
MOTION 
FOR 


RECONSIDERATION MAY THE AGGRIEVED PARTY APPEAL TO THE COURT OF 
APPEALS BY FILING A PETITION FOR REVIEW UNDER RULE 43 OF THE RULES OF 
COURT WITHIN FIFTEEN (15) DAYS FROM NOTICE. 
  
Upon motion of any interested party, the Voluntary Arbitrator or panel of Voluntary Arbitrators 
or the Labor Arbiter in the region where the movant resides, in case of the absence or 
incapacity of the Voluntary Arbitrator or panel of Voluntary Arbitrators, for any reason, may 
issue a writ of execution requiring either the sheriff of the Commission or regular courts or any 
public official whom the parties may designate in the submission agreement to execute the 
final decision, order or award. (276a) 
 
Art. 281. Cost of Voluntary Arbitration and Voluntary Arbitrator's Fee. The parties to a 
Collective Bargaining Agreement shall provide therein a proportionate sharing scheme on the 
cost of voluntary arbitration including the Voluntary Arbitrator's fee. The fixing of fee of 
Voluntary Arbitrators, or panel of Voluntary Arbitrators, whether shouldered wholly by the 
parties or subsidized by the Special Voluntary Arbitration Fund, shall take into account the 
following factors: 
 
(a) 
Nature of the case; 
(b) 
Time consumed in hearing the case; 
(c) 
Professional standing of the Voluntary Arbitrator; 
(d) 
Capacity to pay of the parties; and 
(e) 
Fees provided for in the Revised Rules of Court. (277) 
 
Title IX 
STRIKES AND LOCKOUTS 
 
Chapter I 
STRIKES AND LOCKOUTS 
 
Art. 282. Strikes, Picketing, and Lockouts.  
(a) 
It is the policy of the State to encourage free trade unionism and free collective 
bargaining. 
 
(b) 
Workers shall have the right to engage in concerted activities for purposes of collective 
bargaining or for their mutual benefit and protection. The right of legitimate labor 
organizations to strike and picket and of employers to lockout, consistent with the 
national interest, shall continue to be recognized and respected. However, no labor 
union may strike and no employer may declare a lockout on grounds involving inter-
union and intra-union disputes. 
 
(c) 
In cases of bargaining deadlocks, the duly certified or recognized bargaining agent may 
file a notice of strike or the employer may file a notice of lockout with the Ministry DOLE 
at least THIRTY (30) days before the intended date thereof. In cases of unfair labor 
practice, the period of notice shall be FIFTEEN (15) days and in the absence of a duly 
certified or recognized bargaining agent, the notice of strike may be led by any legitimate 
labor organization in behalf of its members. However, in case of dismissal from 
employment of union officers duly elected in accordance with the union constitution and 
by-laws, which may constitute union busting where the existence of the union is 
threatened, the 15 FIFTEEN-day cooling-off period shall not apply and the union may 
take action immediately.  
(d) 
The notice must be in accordance with such implementing rules and regulations as the 
Minister of Labor and Employment SOLE may promulgate.  
 


(e) 
During the cooling-off period, it shall be the duty of the Ministry DOLE to exert all efforts 
at mediation and conciliation to effect a voluntary settlement. Should the dispute remain 
unsettled until the lapse of the requisite number of days from the mandatory filing of the 
notice, the labor union may strike or the employer may declare a lockout. 
 
(f) 
A decision to declare a strike must be approved by a majority of the total union 
membership in the bargaining unit concerned, obtained by secret ballot in meetings or 
referenda called for that purpose. A decision to declare a lockout must be approved by 
a majority of the board of directors of the corporation or association or of the partners in 
a partnership, obtained by secret ballot in a meeting called for that purpose. The decision 
shall be valid for the duration of the dispute based on substantially the same grounds 
considered when the strike or lockout vote was taken. The Ministry  DOLE may, at its 
own initiative or upon the request of any affected party, supervise the conduct of the 
secret balloting. In every case, the union or the employer shall furnish the Ministry  DOLE 
the results of the voting at least seven days ANY TIME before the intended strike or 
lockout, subject to the cooling-off period herein provided.  
 
(g) 
When, in his THEIR opinion, there exists a labor dispute causing or likely to cause a 
strike or lockout in an industry indispensable to the national interest, the Secretary of 
Labor and Employment SOLE may assume jurisdiction over the dispute and decide it or 
certify the same to the Commission for compulsory arbitration. Such assumption or 
certification shall have the effect of automatically enjoining the intended or impending 
strike or lockout as specified in the assumption or certification order. If one has already 
taken place at the time of assumption or certification, all striking or locked out employees 
shall immediately return to work and the employer shall immediately resume operations 
and readmit all workers under the same terms and conditions prevailing before the strike 
or lockout. The Secretary of Labor and Employment SOLE or the Commission may seek 
the assistance of law enforcement agencies to ensure compliance with this provision as 
well as with such orders as THEY may issue to enforce the same.  
 
FOR THE GUIDANCE OF THE WORKERS AND EMPLOYERS IN THE FILING OF 
PETITION 
FOR 
ASSUMPTION 
OF 
JURISDICTION, 
THE 
FOLLOWING 
INDUSTRIES/SERVICES 
ARE 
HEREBY 
RECOGNIZED 
AS 
DEEMED 
INDISPENSABLE TO THE NATIONAL INTEREST: 
(1) 
HOSPITAL SECTOR; 
(2) 
ELECTRIC POWER INDUSTRY; 
(3) 
WATER SUPPLY SERVICES, EXCLUDING SMALL WATER SUPPLY 
SERVICES SUCH AS BOTTLING AND REFILLING STATIONS; 
(4) 
AIR TRAFFIC CONTROL; AND 
(5) 
SUCH OTHER INDUSTRIES AS MAY BE RECOMMENDED BY THE NATIONAL 
TRIPARTITE INDUSTRIAL PEACE COUNCIL (NTIPC).  
 
In line with the national concern for and the highest respect accorded to the right of 
patients to life and health, strikes and lockouts in hospitals, clinics and similar medical 
institutions shall, to every extent possible, be avoided, and all serious efforts, not only 
by labor and management but government as well, be exhausted to substantially 
minimize, if not prevent, their adverse effects on such life and health, through the 
exercise, however legitimate, by labor of its right to strike and by management to lockout. 
In labor disputes adversely affecting the continued operation of such hospitals, clinics 
or medical institutions, it shall be the duty of the striking union or locking-out employer 
to provide and maintain an effective skeletal workforce of medical and other health 
personnel, whose movement and services shall be unhampered and unrestricted, as 
are necessary to insure the proper and adequate protection of the life and health of its 
patients, most especially emergency cases, for the duration of the strike or lockout. In 
such cases, therefore, the Secretary of Labor and Employment SOLE may immediately 


assume, within twenty-four (24) hours from knowledge of the occurrence of such a strike 
or lockout, jurisdiction over the same or certify it to the Commission for compulsory 
arbitration. For this purpose, the contending parties are strictly enjoined to comply with 
such orders, prohibitions and/or injunctions as are issued by the Secretary of Labor and 
Employment SOLE. or the Commission, under pain of immediate disciplinary action, 
including dismissal or loss of employment status or payment by the locking-out employer 
of backwages, damages and other affirmative relief, even criminal prosecution against 
either or both of them.  
 
The foregoing notwithstanding, the President of the Philippines shall not be precluded 
from determining the industries that, in his THEIR opinion, are indispensable to the 
national interest, and from intervening at any time and assuming jurisdiction over any 
such labor dispute in order to settle or terminate the same.  
 
(h) 
Before or at any stage of the compulsory arbitration process, the parties may opt to 
submit their dispute to voluntary arbitration.  
 
(i) 
The Secretary of Labor and Employment SOLE, the Commission or the voluntary 
arbitrator or panel of voluntary arbitrators shall decide or resolve the dispute within thirty 
(30) calendar days from the date of the assumption of jurisdiction or the certification or 
submission of the dispute, as the case may be. The decision of the President, the 
Secretary of Labor and Employment SOLE, the Commission or the voluntary arbitrator 
shall be final and executory ten (10) calendar days after receipt thereof by the parties. 
(278a) 
 
Art. 283. Prohibited Activities.  
(a) 
No labor organization or employer shall declare a strike or lockout without first having 
bargained collectively in accordance with Title VII of this Book or without first having filed 
the notice required in the preceding Article or without the necessary strike or lockout 
vote first having been obtained and reported to the MinistryBOARD.  
 
No strike or lockout shall be declared after assumption of jurisdiction by the President 
or the Minister SOLE or after certification or submission of the dispute to compulsory or 
voluntary arbitration or during the pendency of cases involving the same grounds for the 
strike or lockout.  
 
Any WORKERS whose employment has HAVE been terminated as a consequence of 
any unlawful lockout shall be entitled to reinstatement with full backwages. Any UNION 
OFFICERS who knowingly participates in an illegal strike and any WORKERS or UNION 
OFFICERS who knowingly participates in the commission of illegal acts during a strike 
may be declared to have lost his THEIR employment status: Provided, That mere 
participation of a WORKERS in a lawful strike shall not constitute sufficient ground for 
termination of his THEIR employment, even if a replacement had been hired by the 
employer during such strike. IN ALL CASES, THE TERMINATION OF EMPLOYMENT 
SHALL CONFORM TO SUBSTANTIVE AND PROCEDURAL REQUIREMENTS. 
 
(b) 
No person shall obstruct, impede, or interfere with by force, violence, coercion, threats 
or intimidation, any peaceful picketing OR STRIKE by employees during any labor 
controversy or in the exercise of the right to self-organization or collective bargaining, or 
shall aid or abet such obstruction or interference.  
 
(c) 
No employer shall use or employ any strike-breaker, nor shall any person be employed 
as a strike-breaker.  
 


(d) 
NO PUBLIC OFFICIAL OR EMPLOYEE, INCLUDING OFFICERS AND PERSONNEL 
OF THE ARMED FORCES OF THE PHILIPPINES OR THE PHILIPPINE NATIONAL 
POLICE, OR ARMED PERSON SHALL INTERFERE WITH THE WORKERS’ 
EXERCISE OF THE RIGHT TO PEACEFUL CONCERTED ACTION, INCLUDING THE 
RIGHT TO STRIKE. No public official or employee, including officers and personnel of 
the New Armed Forces of the Philippines or the Integrated PHILIPPINE National Police, 
or armed person, shall bring in, introduce or escort in any manner, any INDIVIDUALS 
who seeks to replace strikers in entering or leaving the premises of a strike area, or work 
in place of the strikers. The police force shall keep out of the picket lines unless actual 
violence or other criminal acts occur therein: Provided, That nothing herein shall be 
interpreted to prevent any PUBLIC OFFICERS from taking any measure necessary to 
maintain peace and order, protect life and property, and/or enforce the law and legal 
order.  
 
(e) 
No person engaged in picketing shall commit any act of violence, coercion or intimidation 
or obstruct the free ingress to or egress from the employer's premises for lawful 
purposes, or obstruct public thoroughfares. 
 
(f) 
NO PERSON SHALL TRANSPORT PERSONNEL, RAW MATERIALS, OR FINISHED 
PRODUCTS INTO OR OUT FROM THE STRIKE AREA DURING A STRIKE. (279a) 
 
Art. 284. Improved Offer Balloting. In an effort to settle a strike, the Department of Labor 
and Employment DOLE shall conduct a referendum by secret balloting on the improved offer 
of the employer on or before the 30th day of the strike. When at least a majority of the union 
members vote to accept the improved offer the striking workers shall immediately return to 
work and the employer shall thereupon readmit them upon the signing of the agreement.  
 
In case of a lockout, the Department of Labor and Employment DOLE shall also conduct a 
referendum by secret balloting on the reduced offer of the union on or before the 30th day of 
the lockout. When at least a majority of the board of directors or trustees or the partners 
holding the controlling interest in the case of a partnership vote to accept the reduced offer, 
the workers shall immediately return to work and the EMPLOYERS shall thereupon readmit 
them upon the signing of the agreement. (280a) 
 
Art. 285. Requirement for Arrest and Detention. Except on grounds of national security and 
public peace or in case of commission of a crime, No union members or union organizers 
SHALL be INVITED FOR QUESTIONING, arrested or detained for union activities without 
previous consultations CLEARANCE with the Secretary of Labor SOLE. (281a) 
 
Chapter II 
ASSISTANCE TO LABOR ORGANIZATIONS 
 
Art. 286. Assistance by the Department of LaborDOLE. The Department of Labor DOLE, 
at the initiative of the Secretary of Labor SOLE, shall extend special assistance to the 
organization, for purposes of collective bargaining, of the most underprivileged workers who, 
for reasons of occupation, organizational structure or insufficient incomes, are not normally 
covered by major labor organizations or federations. (282a) 
 
Art. 287. Assistance by the Institute of Labor and Manpower Studies. The Institute of 
Labor and Manpower Studies shall render technical and other forms of assistance to labor 
organizations and employer organizations in the field of labor education, especially pertaining 
to collective bargaining, arbitration, labor standards and the Labor this Code of the Philippines 
in general. (283) 
 
Chapter III 


PENALTIES FOR VIOLATION 
 
Art. 288. Penalties. 
(a) 
Any person violating any of the provisions of Article 264 283 of this Code shall be 
punished by a fine of not less than one thousand pesos (P1,000.00) nor more than ten 
thousand pesos (P10,000.00) and/or imprisonment for not less than three (3) months 
nor more than three (3) years, or both such fine and imprisonment, at the discretion of 
the court. Prosecution under this provision shall preclude prosecution for the same act 
under the Revised Penal Code, and vice versa. 
(b) 
Upon the recommendation of the Minister of Labor and Employment SOLE and the 
Minister SECRETARY of National Defense, foreigners who violate the provisions of this 
Title shall be subject to immediate and summary deportation by the Commission on 
BUREAU OF Immigration and Deportation and shall be permanently barred from re-
entering the country without the special permission of the President of the Philippines. 
(287a) 
 
Title X 
SPECIAL PROVISIONS 
 
Art. 289. Study of Labor-Management Relations. The Secretary of Labor SOLE shall have 
the power and it shall be his THEIR duty to inquire into: 
(a) 
the existing relations between employers and employees in the Philippines; 
(b) 
the growth of associations of employees and the effect of such associations upon 
employer-employee relations; 
(c) 
the extent and results of the methods of collective bargaining in the determination of 
terms and conditions of employment; 
(d) 
the methods which have been tried by employers and associations of employees for 
maintaining mutually satisfactory relations; 
(e) 
desirable industrial practices which have been developed through collective bargaining 
and other voluntary arrangements; 
(f) 
the possible ways of increasing the usefulness and efficiency of collective bargaining for 
settling differences; 
(g) 
the possibilities for the adoption of practical and effective methods of labor-management 
cooperation; 
(h) 
any other aspects of employer-employee relations concerning the promotion of harmony 
and understanding between the parties; and 
(i) 
the relevance of labor laws and labor relations to national development. The Secretary 
of Labor SOLE shall also inquire into the causes of industrial unrest and take all the 
necessary steps within his THEIR power as may be prescribed by law to alleviate the 
same, and shall from time to time recommend the enactment of such remedial legislation 
as in his THEIR judgment may be desirable for the maintenance and promotion of 
industrial peace. (288a) 
 
Art. 290. Visitorial Power. The  Secretary of Labor and Employment SOLE or his THEIR duly 
authorized representative is hereby empowered to inquire into financial activities of legitimate 
labor organizations upon the filing of a complaint under oath and duly supported by the written 
consent of at least twenty percent (20%) of the total membership of the labor organization 
concerned and to examine their books of accounts and other records to determine compliance 
or non-compliance with the law and to prosecute any violations of the law and the union 
constitution and bylaws: Provided, That such inquiry or examination shall not be conducted 
during the sixty (60) days freedom period nor within the thirty (30) days immediately preceding 
the date of election of union officials. (289a) 
 
Art. 291. Tripartism, Tripartite Conferences, and Tripartite Industrial Peace Councils.  


(a) 
Tripartism in labor relations is hereby declared a State policy. Towards this end, workers 
and employers shall, as far as practicable, be represented in decision and policy-making 
bodies of the government. 
(b) 
The Secretary of Labor and Employment SOLE or his THEIR duly authorized 
representatives may from time to time call a national, regional, or industrial tripartite 
conference of representatives of government, workers and employers, and other interest 
groups as the case may be, for the consideration and adoption of voluntary codes of 
principles designed to promote industrial peace based on social AND GENDER justice 
or to align labor movement relations with established priorities in economic and social 
development. In calling such conference, the Secretary of Labor and Employment SOLE 
may consult with THE PHILIPPINE COMMISSION ON WOMEN (PCW) AND accredited 
representatives of workers and employers. 
(c) 
A National Tripartite Industrial Peace Council (NTIPC) shall be established, headed by 
the Secretary of Labor and Employment SOLE, with twenty (20) representatives each 
from the labor and employers' sectors to be designated by the President at regular 
intervals. For this purpose, a sectoral nomination, selection, and recall process shall be 
established by the DOLE in consultation with the sectors observing the 'most 
representative' organization criteria of ILO Convention No. 144. 
 
Tripartite Industrial Peace Councils (TIPCs) at the regional or industry level shall also 
be established with representatives from government, workers and employers to serve 
as a continuing forum for tripartite advisement and consultation in aid of streamlining the 
role of government, empowering workers' and employers' organizations, enhancing their 
respective rights, attaining industrial peace, and improving productivity. 
 
The TIPCs shall have the following functions: 
 
(1) 
Monitor the full implementation and compliance of concerned sectors with the 
provisions of all tripartite instruments, including international conventions and 
declarations, codes of conduct, and social accords; 
(2) 
Participate in national, regional or industry-specific tripartite conferences which the 
President or the Secretary of Labor and Employment SOLE may call from time to 
time; 
(3) 
Review existing labor, economic and social policies and evaluate local and 
international developments affecting them; 
(4) 
Formulate, for submission to the President or to Congress, tripartite views, 
recommendations and proposals on labor, economic, and social concerns, 
including the presentation of tripartite positions on relevant bills pending in 
Congress; 
(5) 
Advise the Secretary of Labor and Employment SOLE in the formulation or 
implementation of policies and legislation affecting labor and employment; 
(6) 
Serve as a communication channel and a mechanism for undertaking joint 
programs among government, workers, employers and their organizations toward 
enhancing labor-management relations; and 
(7) 
Adopt its own program of activities and rules, consistent with development 
objectives. All TIPCs shall be an integral part of the organizational structure of the 
NTIPC. The operations of all TIPCs shall be funded from the regular budget of the 
DOLE. (290a) 
 
Art. 292. Government Employees. The terms and conditions of employment of all 
government employees, including employees of government-owned and controlled 
corporations, shall be governed by the Civil Service Law, rules and regulations. Their salaries 
shall be standardized by the National Assembly CONGRESS as provided for in the New 
Constitution. However, there shall be no reduction of existing wages, benefits and other terms 


and conditions of employment being enjoyed by them at the time of the adoption of this Code. 
(291) 
 
Art. 293. Miscellaneous Provisions.  
(a) 
All unions are authorized to collect reasonable membership fees, union dues, 
assessments and fines and other contributions for labor education and research, mutual 
death and hospitalization benefits, welfare fund, strike fund and credit and cooperative 
undertakings. 
(b) 
Subject to the constitutional right of workers to security of tenure and their right to be 
protected against dismissal except for a just and authorized cause and without prejudice 
to the requirement of notice under Article 283 299 of this Code, the employer shall 
furnish the workerS whose employment is ARE sought to be terminated a written noticeS 
containing a statement of the causes for termination and shall afford the latter ample 
opportunity to be heard and to defend himself THEMSELVES with the assistance of his 
THEIR representative if he THEY so desire in accordance with company rules and 
regulations promulgated pursuant to guidelines set by the Department of Labor and 
Employment DOLE. Any decision taken by the employer shall be without prejudice to 
the right of the workerS to contest the validity or legality of his THEIR dismissal by filing 
a complaint with the regional branch of the NLRC. The burden of proving that the 
termination was for a valid or authorized cause shall rest on the employer. The Secretary 
of the Department of Labor and Employment SOLE may suspend the effects of the 
termination pending resolution of the dispute in the event of a prima facie finding by the 
appropriate official of the Department of Labor and Employment  DOLE before whom 
such dispute is pending that the termination may cause a serious labor dispute or is in 
implementation of a mass lay-off. 
(c) 
Any eEmployeeS, whether employed for a definite period or not, shall, beginning on his 
THEIR first day of service, be considered as an employeeS for purposes of membership 
in any labor union. 
(d) 
No docket fee shall be assessed in labor standards disputes. In all other disputes, docket 
fees may be assessed against the filing party, provided that in bargaining deadlock, such 
fees shall be shared equally by the negotiating parties. 
(e) 
The Minister of Labor and Employment SOLE and the Minister SECRETARY of the 
Budget shall cause to be created or reclassified in accordance with law such positions 
as may be necessary to carry out the objectives of this Code and cause the upgrading 
of the salaries of the personnel involved in the Labor Relations System of the 
Department. Funds needed for this purpose shall be provided out of the Special 
Activities Fund appropriated by Batas Pambansa Blg. 80 and from annual appropriations 
thereafter. 
(f) 
A special Voluntary Arbitration Fund is hereby established in the Board to subsidize the 
cost of voluntary arbitration in cases involving the interpretation and implementation of 
the Collective Bargaining Agreement, including the Arbitrator's fees, and for such other 
related purposes to promote and develop voluntary arbitration. The Board shall 
administer the Special Voluntary Arbitration Fund in accordance with the guidelines it 
may adopt upon the recommendation of the Council, which guidelines shall be subject 
to the approval of the Secretary of Labor and Employment SOLE. Continuing funds 
needed for this purpose SHALL BE in the initial yearly amount of Fifteen million pesos 
(P15,000,000.00) AN AMOUNT WHICH SHALL BE INCREASED DEPENDING ON 
THE REQUIREMENTS OF THE AGENCY AND shall be provided in the 1989 annual 
general appropriations acts. 
The amount of subsidy in appropriate cases shall be determined by the Board in 
accordance with established guidelines issued by it upon the recommendation of the 
Council. The Fund shall also be utilized for the operation of the Council, the training and 
education of Voluntary Arbitrators, and the promotion and development of a 
comprehensive Voluntary Arbitration Program. 


(g) 
The Ministry DOLE shall help promote and gradually develop, with the agreement of 
labor organizations and employers, labor-management cooperation programs at 
appropriate levels of the enterprise based on shared responsibility and mutual respect 
in order to ensure industrial peace and improvement in productivity, working conditions 
and the quality of working life. 
(h) 
In establishments where no legitimate labor organization exists, labor-management 
committees may be formed voluntarily by workers and employers for the purpose of 
promoting industrial peace. The Department of Labor and Employment DOLE shall 
endeavor to enlighten and educate the workers and employers on their rights and 
responsibilities through labor education with emphasis on the policy thrusts of this Code. 
To ensure speedy labor justice, the periods provided in this Code within which decisions 
or resolutions of labor relations cases or matters should be rendered shall be mandatory. 
For this purpose, a case or matter shall be deemed submitted for decision or resolution 
upon the filing of the last pleading or memorandum required by the rules of the 
Commission or by the Commission itself, or the Labor Arbiter, or the Director of the 
Bureau of Labor Relations or Med-Arbiter, or the Regional Director. Upon expiration of 
the corresponding period, a certification stating why a decision or resolution has not 
been rendered within the said period shall be issued forthwith by the Chairman CHAIR 
of the Commission, the Executive Labor Arbiter, or the Director of the Bureau of Labor 
Relations or Med-Arbiter, or the Regional Director, as the case may be, and a copy 
thereof served upon the parties. Despite the expiration of the applicable mandatory 
period, the aforesaid officials shall, without prejudice to any liability which may have 
been incurred as a consequence thereof, see to it that the case or matter shall be 
decided or resolved without any further delay. (292a) 
 
Book Six 
POST-EMPLOYMENT 
 
Title I - Termination of Employment 
 
Art. 294. Coverage. The provisions of this Title shall apply to all establishments or 
undertakings, whether for profit or not. (293) 
 
Art. 295. Security of Tenure. The eEmployerS shall not terminate the services of an 
employee, WHETHER REGULAR OR NON-REGULAR, except for a just cause or when 
authorized by this Title. An eEmployeeS who is ARE unjustly dismissed from work shall be 
entitled to reinstatement without loss of seniority rights and other privileges and to his THEIR 
full backwages, inclusive of allowances, and to his THEIR other benefits or their monetary 
equivalent computed from the time his THEIR compensation was withheld from him THEM up 
to the time of his THEIR actual reinstatement.  (294a) 
 
Art. 296. Regular and Casual Employment. 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 employeeS has HAVE 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 employeeS 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 employeeS who has HAVE rendered at least one year of service, whether 
such service is continuous or broken, shall be considered a regular employeeS with respect 
to the activity in which he is employed and his employment shall continue while such activity 
exists.  (295a) 


 
Art. 297. Probationary Employment. 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 employeeS who has HAVE been 
engaged on a probationary basis may be terminated for a just cause or when he fails THEY 
FAIL to qualify as a regular employeeS in accordance with reasonable standards made known 
by the employer to the employeeS at the time of his THEIR engagement. An eEmployeeS 
who is ARE allowed to work after the probationary period shall be considered a regular 
employeeS. (296a) 
 
Art. 298. Termination by Employer. An eEmployerS may terminate an employment for any 
of the following causes:  
(a) 
Serious misconduct or willful disobedience by the employeeS of the lawful orders of his 
THEIR employer or representative in connection with his THEIR work; 
(b) 
Gross and habitual neglect by the employeeS of his THEIR duties;  
(c) 
Fraud or willful breach by the employeeS of the trust reposed in him THEM by the 
employer or duly authorized representative;  
(d) 
Commission of a crime or offense by the employeeS against the person of his THEIR 
employer or any immediate member of his THEIR family or his THEIR duly authorized 
representatives;  
(e) 
COMMISSION OF SEXUAL VIOLENCE AND/OR OTHER SEXUALLY-RELATED 
OFFENSES, REGARDLESS OF CONVICTION; AND 
(f) 
Other causes analogous to the foregoing. (297a) 
 
ART. 299. Closure of Establishment and Reduction of Personnel. The eEmployerS may 
also terminate the employment of any employee due to the installation of labor-saving devices, 
redundancy, retrenchment to prevent losses or the closing or cessation of operation of the 
establishment or undertaking unless the closing is for the purpose of circumventing the 
provisions of this Title, by serving a written notice on the workers and the Ministry of Labor 
and Employment SOLE at least one (1) month before the intended date thereof. In case of 
termination due to the installation of labor-saving devices or redundancy, the workerS affected 
thereby shall be entitled to a separation pay equivalent to at least his THEIR one (1) month 
pay or to at least one (1) month pay for every year of service, whichever is higher. In case of 
retrenchment to prevent losses and in cases of closures or cessation of operations of 
establishment or undertaking not due to serious business losses or financial reverses, the 
separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay 
for every year of service, whichever is higher. A fraction of at least six (6) months shall be 
considered one (1) whole year. (298a) 
 
Art. 300. Disease as Ground for Termination. An eEmployerS may terminate the services 
of an employeeS who has been HAVE BEEN found to be suffering from any disease and 
whose continued employment is ARE prohibited by law or is ARE prejudicial to his THEIR 
health as well as to the health of his THEIR co-employees: PROVIDED, THAT EMPLOYERS 
SHALL PRESENT A CERTIFICATION ISSUED BY A COMPETENT PUBLIC HEALTH 
AUTHORITY ATTESTING THAT THE ILLNESS OR DISEASE CANNOT BE CURED WITHIN 
SIX (6) MONTHS EVEN WITH PROPER MEDICAL TREATMENT: Provided, FURTHER, That  
he is THEY ARE paid separation pay equivalent to at least one (1) month salary or to one-half 
(1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) 
months being considered as one (1) whole year. (299a) 
 
Art. 301. Termination by Employee.  
(a) 
An eEmployeeS may terminate without just cause the employee-employer relationship 
by serving a written notice on the employerS at least one (1) month in advance. The 
EmployerS upon whom no such notice was served may hold the employeeS liable for 
damages. 


(b) 
An eEmployeeS may put an end to the relationship without serving any notice on the 
employerS for any of the following just causes: 
(1) 
Serious insult by the employerS or his THEIR representative on the honor and 
person of the employeeS; 
(2) 
Inhuman and unbearable treatment accorded the employeeS by the employerS or 
his THEIR representative; 
(3) 
Commission of a crime or offense by the employerS or his THEIR representative 
against the personS of the employeeS or any of the immediate members of his 
THEIR family; 
(4) 
COMMISSION OF SEXUAL VIOLENCE AND/OR OTHER SEXUALLY-RELATED 
OFFENSES, REGARDLESS OF CONVICTION; AND 
(5) 
Other causes analogous to any of the foregoing. (300a) 
 
Art. 302. When Employment Not Deemed Terminated. The bona fide suspension of the 
operation of a business or undertaking for a period not exceeding six (6) months, or the 
fulfillment by the employeeS of a military or civic dutyIES shall not terminate employment. In 
all such cases, the employerS shall reinstate the employeeS to his THEIR former positionS 
without loss of seniority rights if he indicates his THEY INDICATE THEIR desire to resume his 
THEIR work not later than one (1) month from the resumption of operations of his THEIR 
employer or from his THEIR relief from the military or civic dutyIES. (301a) 
 
Title II - Retirement from the Service 
 
Art. 303. Retirement. Any eEmployeeS may be retired upon reaching the retirement age 
established in the collective bargaining agreement or other applicable employment contract. 
  
In case of retirement, the employeeS shall be entitled to receive such retirement benefits as 
he THEY may have earned under existing laws and any collective bargaining agreement and 
other agreements: Provided, however, That retirement benefits under any collective 
bargaining and other agreements shall not be less than those provided therein. 
  
In the absence of a retirement plan or agreement providing for retirement benefits of 
employees in the establishment, an employeeS upon reaching the age of sixty (60) years or 
more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement 
age, who has HAVE served at least five (5) years in the said establishment, may retire and 
shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every 
year of service, a fraction of at least six (6) months being considered as one whole year. 
  
Unless the parties provide for broader inclusions, the term one-half (1/2) month salary shall 
mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent 
of not more than five (5) days of service incentive leaves. 
  
An uUnderground mining employeeS upon reaching the age of fifty (50) years or more, but 
not beyond sixty (60) years which is hereby declared the compulsory retirement age for 
underground mine workers, who has HAVE served at least five (5) years as underground mine 
workerS, may retire and shall be entitled to all the retirement benefits provided for in this 
Article. 
 
Retail, service and agricultural establishments or operations employing not more than ten (10) 
employees or workers are exempted from the coverage of this provision. 
 
Violation of this provision is hereby declared unlawful and subject to the penal provisions under 
Article 288  312 of this Code. 
  


Nothing in this Article shall deprive any employeeS of benefits to which he THEY may be 
entitled under existing laws or company policies or practices. (302a) 
 
 
BOOK SEVEN 
GENDER EQUALITY PROVISIONS 
 
ART. 304. ANNUAL EVALUATION OF PAY AND BENEFITS STRUCTURE.  THERE SHALL 
BE AN ANNUAL ASSESSMENT OF THE COMPANY’S EXISTING PAY AND BENEFIT 
STRUCTURES AND JOB CLASSIFICATIONS WITH THE GOAL OF ELIMINATING ANY 
DISCREPANCIES IN SALARIES AND BENEFITS ATTRIBUTABLE SOLELY TO GENDER 
BIAS OR DISCRIMINATION.  TOWARDS THIS END, GENDER-FAIR CRITERIA OR 
STANDARDS 
SHALL 
BE 
ESTABLISHED 
WHICH 
ALLOW 
FOR 
REASONABLE 
DISCREPANCIES IN PAY AND BENEFITS, SUCH AS DIFFERENCE IN POSITION OR 
TITLE, JOB DESCRIPTION, JOB RESPONSIBILITY, OR OTHER GENDER-FAIR CRITERIA 
OR STANDARDS.  THE ANNUAL ASSESSMENT SHALL BE UNDERTAKEN IN 
CONSULTATION WITH THE BARGAINING REPRESENTATIVE OR, IN THE ABSENCE OF 
A 
CERTIFIED 
BARGAINING 
REPRESENTATIVE, 
THEIR 
DESIGNATED 
REPRESENTATIVE.  IN PURSUIT OF THIS OBJECTIVE, THE EMPLOYER SHALL 
FURNISH THE UNION OR DULY AUTHORIZED EMPLOYEE REPRESENTATIVE A COPY 
OF THE PAY AND BENEFIT STRUCTURES AND JOB CLASSIFICATIONS. (new) 
 
ART. 305. TAX INCENTIVES OR BONUS SCHEMES. THE DOLE, IN CONSULTATION 
WITH THE DEPARTMENT OF FINANCE, THE BUREAU OF INTERNAL REVENUE AND 
THE PCW, SHALL DEVELOP AND PRESCRIBE TAX INCENTIVES OR BONUS SCHEMES 
FOR UNIONS AND EMPLOYERS, PROVIDED THAT AT LEAST FORTY PERCENT (40%) 
OF UNION OR COMPANY OFFICERS ARE WOMEN.  FOR THIS PURPOSE, UNION 
OFFICERS ARE THOSE WHO ARE EITHER ELECTED OR APPOINTED, INCLUDING 
SHOP STEWARDS. FOR COMPANY OFFICERS, OFFICERS ARE THOSE WHO ARE 
EITHER ELECTED OR APPOINTED AND AT LEAST OCCUPYING A MANAGERIAL 
POSITION. 
  
A SIMILAR TAX INCENTIVE OR BONUS SCHEME SHALL ALSO BE DEVELOPED AND 
PRESCRIBED FOR A GENDER-FAIR COMPOSITION OF COMPANY OFFICERS AND 
EMPLOYEES AND TOTAL UNION MEMBERSHIP. (new) 
 
ART. 306. CREATION OF A GENDER FOCAL POINT COMMITTEE IN THE WORKPLACE; 
DEDUCTIBILITY OF TRAINING COSTS. ALL ESTABLISHMENTS, BOTH PUBLIC AND 
PRIVATE, SHALL DESIGNATE A GENDER FOCAL COMMITTEE WITH THE FOLLOWING 
TASKS AND FUNCTIONS: 
(1) 
IN CONSULTATION WITH THE PCW OR ANY PCW-CERTIFIED OR ACCREDITED 
ORGANIZATIONS, REVIEW POLICIES, RULES, AND RECOMMEND REVISIONS OF 
SUCH 
POLICIES 
AND 
RULES 
THAT 
ARE 
DISCRIMINATORY 
OR 
DISPROPORTIONATELY DISADVANTAGE FEMALE WORKERS; 
(2) 
MONITOR 
THE 
ENFORCEMENT 
AND 
IMPLEMENTATION 
OF 
GENDER-
RESPONSIVE POLICIES, RULES, AND PROGRAMS IN THE WORKPLACE; 
(3) 
CONDUCT GENDER-RELATED SEMINARS AND TRAININGS AND OTHER 
EDUCATIONAL ACTIVITIES TO FOSTER A GENDER-FRIENDLY WORKING 
ENVIRONMENT; AND 
(4) 
PERFORM SUCH OTHER FUNCTIONS THAT WOULD ENSURE THE PROMOTION 
OF GENDER EQUALITY IN THE WORKPLACE. 
AN ADDITIONAL DEDUCTION FROM THEIR TAXABLE INCOME CONSISTING OF THE 
VALUE OF GENDER-RELATED ACTIVITY EXPENSES INCURRED SHALL BE GRANTED 
TO THE ENTERPRISE ORGANIZING THE TRAINING:  PROVIDED, THAT SUCH 


EDUCATIONAL ACTIVITY IS DULY RECOGNIZED BY THE PHILIPPINE COMMISSION ON 
WOMEN. (new) 
 
ART. 307.  GENDER SENSITIVITY ORIENTATION. ALL GOVERNMENT OFFICIALS AND 
EMPLOYEES OF THE DOLE SHALL UNDERGO A GENDER SENSITIVITY ORIENTATION 
ON ANTI-SEXUAL HARASSMENT, ONCE EVERY THREE (3) YEARS.  GENDER 
SENSITIVITY ORIENTATION CLEARANCE SHALL HENCEFORTH BE A COMPONENT OF 
OFFICERS’ AND EMPLOYEES’ PERSONNEL ACTIONS, SUCH AS HIRING, TENURE AND 
PROMOTION. (new) 
 
ART. 308.  GENDER EQUALITY RESEARCH. THE DOLE SHALL UNDERTAKE GENDER 
RESEARCH, 
PARTICULARLY 
ON 
ALL 
FORMS 
OF 
DIRECT 
AND 
INDIRECT 
DISCRIMINATION, WITH THE AIM OF FORMULATING POLICIES, RULES AND 
REGULATIONS TO CURB SUCH PRACTICES IN THE WORKPLACE. (new) 
 
ART 309. DUTIES OF EMPLOYERS. EMPLOYERS OR OTHER PERSONS OF 
AUTHORITY, INFLUENCE OR MORAL ASCENDANCY IN A WORKPLACE SHALL HAVE 
THE DUTY TO PREVENT, DETER, OR PUNISH THE PERFORMANCE OF ACTS OF 
GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE AS PROVIDED FOR IN 
SECTION 17 OF REPUBLIC ACT NO. 11313. IN ADDITION, EMPLOYERS SHALL HAVE 
THE DUTY TO PROVIDE INCENTIVES FOR EMPLOYEES FOR COMPLIANCE WITH THE 
ACTS UNDER SECTION 18 OF REPUBLIC ACT NO. 11313. (new) 
 
ART. 310.  GENDER SENSITIVITY TRAINING OR ORIENTATION IN UNIONS. IT SHALL 
BE THE DUTY OF UNION OFFICERS TO PREVENT, DETER, OR PUNISH THE 
PERFORMANCE OF ACTS OF GENDER-BASED SEXUAL HARASSMENT AMONG ITS 
OFFICERS AND MEMBERS. 
 
TOWARDS THIS END, THE UNION OFFICERS SHALL: 
(a) 
DISSEMINATE OR POST IN A CONSPICUOUS PLACE A COPY OF THIS BOOK OF 
THE LABOR CODE TO ALL PERSONS IN THE WORKPLACE, OR UNION OFFICE, 
AS THE CASE MAY BE; 
(b) 
PROVIDE MEASURES TO PREVENT GENDER-BASED SEXUAL HARASSMENT IN 
THE WORKPLACE, SUCH AS THE CONDUCT OF ANTI-SEXUAL HARASSMENT 
SEMINARS; 
(c) 
CREATE AN INDEPENDENT INTERNAL MECHANISM OR A COMMITTEE ON 
DECORUM AND INVESTIGATION TO INVESTIGATE AND ADDRESS COMPLAINTS 
OF GENDER-BASED SEXUAL HARASSMENT WHICH SHALL: 
(1) 
DESIGNATE A WOMAN AS ITS HEAD AND HAVE WOMEN AS NOT LESS 
THAN HALF OF ITS MEMBERS; 
(2) 
BE COMPOSED OF MEMBERS WHO SHOULD BE IMPARTIAL AND NOT 
CONNECTED OR RELATED TO THE ALLEGED PERPETRATOR; 
(3) 
INVESTIGATE AND DECIDE ON THE COMPLAINTS WITHIN TEN (10) DAYS 
UPON RECEIPT THEREOF; 
(4) 
OBSERVE DUE PROCESS; 
(5) 
PROTECT THE COMPLAINANT FROM RETALIATION; AND 
(6) 
GUARANTEE CONFIDENTIALITY; 
(d) 
PROVIDE AND DISSEMINATE, IN CONSULTATION WITH ALL UNION MEMBERS IN 
THE WORKPLACE, A CODE OF CONDUCT OR WORKPLACE POLICY WHICH 
SHALL: 
(1) 
EXPRESSLY REITERATE THE PROHIBITION ON GENDER-BASED SEXUAL 
HARASSMENT; 
(2) 
DESCRIBE THE PROCEDURES OF THE INTERNAL MECHANISM CREATED 
UNDER THIS PROVISION; AND 
(3) 
SET UNION PENALTIES. (new) 


 
ART. 311. DUTIES OF UNIONS, FELLOW EMPLOYEES, AND CO-WORKERS. UNIONS, 
FELLOW EMPLOYEES, AND CO-WORKERS SHALL HAVE THE DUTY TO REFRAIN, 
DISCOURAGE, AND REPORT THE PERFORMANCE OF ACTS OF GENDER-BASED 
SEXUAL HARASSMENT IN THE WORKPLACE AS PROVIDED FOR IN SECTION 18 OF 
REPUBLIC ACT NO. 11313. IN ADDITION, THEY SHALL PROVIDE EMOTIONAL OR 
SOCIAL SUPPORT TO UNION OFFICERS OR MEMBERS, FELLOW EMPLOYEES, AND 
CO-WORKERS OR PEERS, AS THE CASE MAY BE, WHO ARE VICTIMS OF GENDER-
BASED SEXUAL HARASSMENT. (new) 
 
BOOK EIGHT 
Transitory and Final Provisions 
 
Title I 
Penal Provisions and Liabilities 
 
Art. 312. Penalties. Except as otherwise provided in this Code, or unless the acts complained 
of hinge on a question of interpretation or implementation of ambiguous provisions of an 
existing collective bargaining agreement, any violation of the provisions of this Code declared 
to be PROHIBITED, unlawful or penal in nature shall be punished with a fine of not less than 
One FIFTY Thousand Pesos (P150,000.00) nor more than Ten FIVE HUNDRED Thousand 
Pesos (P10500,000.00), or imprisonment of not less than three SIX (6) months nor more than 
three SIX (6) years, or both such fine and imprisonment at the discretion of the court. 
 
In addition to such penalty, any alien FOREIGN NATIONAL found guilty shall be summarily 
deported upon completion of service of sentence. 
 
Any provision of law to the contrary notwithstanding, any criminal offense punished in this 
Code shall be under the concurrent EXCLUSIVE AND ORIGINAL jurisdiction of the Municipal 
or City Courts and the Courts of First Instance REGIONAL TRIAL COURT. (303a) 
 
Art. 313. Who are liable when committed by other than natural person. If the offense is 
committed by a corporation, trust, firm, partnership, association or any other entity, the penalty 
shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, 
association or entity. (304) 
 
 
 
Title II 
Prescription of Offenses and Claims 
 
Art. 314. Offenses. Offenses penalized under this Code and the rules and regulations issued 
pursuant thereto shall prescribe in three (3) SIX (6) years. 
 
All unfair labor practice arising from Book V shall be filed with the appropriate agency within 
one (1) year THREE (3) YEARS from accrual of such unfair labor practice; otherwise, they 
shall be forever barred. (305a) 
 
Art. 315. ILLEGAL DISMISSAL AND Money Claims. All CASES OF ILLEGAL DISMISSAL 
AND money claims arising from employer employee relations accruing during the effectivity 
of this Code shall be filed within three (3) FOUR (4) years from the time the cause of action 
accrued; otherwise they shall be forever barred. 
 
All money claims accruing prior to the effectivity of this Code shall be filed with the appropriate 
entities established under this Code within one (1) year from the date of effectivity, and shall 


be processed or determined in accordance with the implementing rules and regulations of the 
Code; otherwise, they shall be forever barred. 
Workmen’s compensation claims accruing prior to the effectivity of this Code and during the 
period from November 1, 1974 up to December 31, 1974, shall be filed with the appropriate 
regional offices of the Department of Labor not later than March 31, 1975; otherwise, they 
shall forever be barred. The claims shall be processed and adjudicated in accordance with the 
law and rules at the time their causes of action accrued. (306a) 
 
Art. 316. Institution of Money Claims. Money claims specified in the immediately preceding 
Article shall be filed before the appropriate entity independently of the criminal action that may 
be instituted in the proper courts. 
 
Pending the final determination of the merits of money claims filed with the appropriate entity, 
no civil action arising from the same cause of action shall be filed with any court. This provision 
shall not apply to employees compensation cases which shall be processed and determined 
strictly in accordance with the pertinent provisions of this Code. (307) 
 
Title III 
Transitory and Final Provisions 
 
Art. 317. Application of Law Enacted Prior to this Code. All actions or claims accruing prior 
to the effectivity of this REVISED Code shall be determined in accordance with the laws in 
force at the time of their accrual. (308) 
 
Art. 318.  Abolition of the Court of Industrial Relations and the National Labor Relations 
Commission. The Court of Industrial Relations and the EXISTING National Labor Relations 
Commission established under Presidential Decree No. 21 are IS hereby abolished.  All 
unexpended funds, properties, equipment and records of the Court of Industrial  Relations 
NLRC, and such of its personnel as may be necessary, AS DETERMINED BY THE NLRC, 
are hereby transferred to the Commission and to its regional branches. All unexpended funds, 
properties and equipment of the National Labor Relations Commission established under 
Presidential Decree No. 21 are transferred to the Bureau of Labor Relations. Personnel not 
absorbed by or transferred to the Commission shall enjoy benefits granted under existing laws. 
(313a) 
 
Art. 319. Personnel Whose Services are Terminated. Personnel of agencies or any of their 
subordinate units whose services are terminated as a result of the implementation of this Code 
shall enjoy the rights and protection provided in Sections 5 and 6 of Republic Act numbered 
fifty-four hundred and thirty-five and such other UNDER pertinent laws, rules and regulations. 
In any case, no lay-off shall be effected until funds to cover the gratuity and/or retirement 
benefits of those laid off are duly certified as available. (315a) 
 
Art. 320. Separability Provisions. If any provision or part of this Code, or the application 
thereof to any person or circumstance, is held invalid, the remainder of this Code, or the 
application of such provision or part to other persons or circumstances, shall not be affected 
thereby. (316) 
 
Art. 321. Repealing Clause. All labor laws not adopted as part of this Code either directly or 
by reference are hereby repealed. All provisions of existing laws, orders, decrees, rules and 
regulations inconsistent herewith are likewise repealed. 
 
Approved,