LABOR STANDARDS

ATTY. UNGOS

FINALS
f.
TITLE III

WORKING CONDITIONS FOR SPECIAL GROUPS

OF EMPLOYEES
CHAPTER 1
EMPLOYMENT OF WOMEN

ART. 130: NIGHTWORK PROHIBITION

No woman, regardless of age, be
employed/permitted or suffered to work with
/without compensation:
a. INDUSTRIAL
ESTABLISHMENT

10:00PM to 6:00 AM
b. COMMERCIAL ESTABLISHMENT 12:00
midnight to 6:00AM
c. AGRICULTURAL
UNDERTAKING

Nightime, unless given rest period of

not less than 9 consective hours
COVERAGE OF LAW
Applies to all employers except:
a. Government and GOCC
b. Employers of household helpers and
persons in the personal service, insofar
as such workers are concerned
ART. 131: EXCEPTIONS
NIGHT WORK FOR FEMALE EMPLOYEES
ALLOWED IN EXCEPTIONAL CASES:
a.
b.
c.
d.

Emergency Situation
Urgent Repairs
Urgent Work
Managerial or Technical Employees
Female employee holds a responsible
position
e. Health and Welfare Employees

Peculiarity of Work Nature of work

requires the manual skill and dexterity
of female workers
g. Family Members
h. Established Practice
i. Analogous Cases
ART. 132: FACILITIES FOR WOMEN
EMPLOYERS MAY BE REQUIRED TO PROVIDE
THE FOLLOWING FACILITIES TO FEMALE
WORKERS:
a. SEATS the can be used by female
employees during break time or during
working hours, if it will not affect their
efficacy;
b. Separate TOILET ROOMS, lavatories and
a DRESSING ROOM for the exclusive use
of female employees
c. NURSERY
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.
ART. 133: MATERNITY LEAVE BENEFITS
Employer shall grant to any pregnant
woman employee
Who has rendered service of at least 6
MONTHS for the last 12 months
Maternity leave of at least 2 WEEKS
PRIOR EXPECTED DATE OF DELIVERY
Another 4 WEEKS AFTER NORMAL
DELIVERY/ABORTION WITH FULL PAY
based on her regular average weekly
wages
Employer may require upon application
for maternity leave a medical
certificated stating that delivery will
probably take place within 2 WEEKS.
The maternity leave shall be extended
WITHOUT PAY on account of illness
medically certified to arise out of
pregnancy,
delivery,
abortion,
miscarriage, which renders the woman
unfit for work, UNLESS she has earned

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ATTY. UNGOS
unused leave credits from which such
extended leave may be charged.
Maternity leave be paid by employer
only for the FIRST FOUR DELIVERIES by
a woman employee after effectively of
this code
MATERNITY LEAVE BENEFIT NOW INTERGRATED
INTO THE SSS
Female member who has PAID AT
LEAST 3 MONTHLY CONTRIBUTIONS in
12
month
period
immediately
preceding the semester of his
childbirth, abortion, or miscarriage shall
be paid a daily maternity benefit
equivalent to 100% of her average daily
salary credit for 60 days or 78 days in
case of caesarean delivery, to following
conditions:
a. Employee shall have notified her
employer of her pregnancy and
probable date of her childbirth
which notice shall be transmitted to
SSS
b. Full payment shall be advanced by
the employer within 30 days from
filing of the maternity leave
application
c. Payment of daily maternity benefits
shall be a bar to recovery of
sickness benefits provided by this
Act for the same period for which
daily maternity benefits have been
received
d. Maternity benefits provided under
this section be paid only for the 1st
four deliveries or miscarriages
e. SSS shall immediately reimburse
the employer of 100% of the
amount of maternity benefits
advanced to the employee by the
employer
upon
receipt
of
satisfactory proof of such payment
and legality thereof
f. If an employee member should give
birth or suffer miscarriage without
the required contributions having

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been remitted for her by her
employer to the SSS , or without
the latter having been previously
notified by the employer of time of
pregnancy, the employer shall pay
to the SSS damages equivalent to
the benefits which said employee
member would otherwise have
been entitled to
PATERNITY LEAVE
RA 8187, married male employees now
entitled to paternity leave of 7 DAYS for
the first 4 deliveries of the LEGITIMATE
SPOUSE with whom he is COHABITING.
CONDTIONS:
a. Married male employee employed
at time of delivery of his child
b. Employee should notify his
employer about pregnancy of his
wife and her expected date of
delivery as soon he learns that his
wife is pregnant by submitting a
Paternity
Notification
Form
provided by employer with a copy
of marriage contract / proof of
marriage
Notification requirement will not apply
in cases of MISCARRIAGE or ABORTION
c. Wife has given birth, suffer a
miscarriage or an abortion
Employee who availed paternity leave
shall within reasonable time submit
copy of the birth certificate of the
newly-born child, death or medical
certificate in case of abortion or
miscarriage signed by physician or
midwife showing actual date of child
birth.
Paternity leave not convertible to cash
Can be availed of before, during or after
the delivery by his wife but not later
than 60 days after date of delivery
PARENTAL LEAVE FOR SOLO PARENTS

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ATTY. UNGOS
Solo parents are entitled to a noncumulative parental leave of 7 working
days.
Enable solo parents to perform parental
duties and responsibilities where his or
her physical presence is needed
Can be availed under following
conditions:
a. Solo parent rendered at least 1 year
service whether continuous or
broken
b. Notify employer within reasonable
period of time
c. Must present his Solo Identification
Card to employer
ART. 134: 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 for employees. Shall include
but not limited to, application or use of
contraceptive pills and intra-uterine
devices.
b. DOLE shall develop and prescribe
incentive bonus schemes to encourage
family planning among female workers
in any establishment or enterprise.
COVERAGE OF THE LAW
Applies to all establishments which
habitually employ at least 200
employees at any given period within a
year.
Branches or sub-offices are considered
as part of the main office provided
located within commutable distance
from the main office.
IN-PLANT FAMILY PLANNING REQUIREMENT
All covered establishments are required to have
the following:
a. A
functional
Labor-Management
Coordinating
Committee
to
be
composed of 2 or 3 representatives
each from the management sectors

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b. In-plant family planning program
suitable to meet the needs of
employees
c. A clinic equipped with additional
instruments for family planning
services.
FAMILY PLANNING SERVICE DELIVERY
Establishments exempted from putting
up emergency hospitals shall maintain a
family planning clinic in the workplace,
unless establishment has contact with a
hospital which can adequately provide
the minimum clinic requirements.
Clinic should have part-time physician
who should render service not less than
2 hours for at least 5 days a week
If clinic staff not yet competent or has
not undergone required training,
employee may be referred to other
family planning clinics or hospitals.
ART.135: DISCRIMINATION PROHIBITED
Shall be unlawful for any employer to
discriminate any woman employee with respect
to terms and conditions of employment solely
on account of her sex
THE
FOLLOWING
ARE
ACTS
OF
DISCRIMINATION:
a. Payment of lesser compensation to
female employee as against a male
employee for work of equal value
b. Favouring of male employee over
female with respect to promotion,
training opportunities solely on account
of their sexes
Criminal liability for the wilful
commission of any unlawful acts as
provided in this article. Shall be
penalized as provided in Article 288 and
289 of this code. Provided, the
institution of criminal action under this
provision shall not bar the aggrieved
party from filing an entirely separate
and distinct action for money claims.
Action hereby authorized shall proceed
independently of each other

LABOR STANDARDS
ATTY. UNGOS
EQUALITY OF EMPLOYMENT OPPORTUNITIES
FOR WOMEN
Provide
equal
employment
opportunities for all and ensure
fundamental equality before the law of
women and men.
Law makes it criminal offense to
discriminate any woman employee
ART.136: STIPULATION AGAINST MARRIAGE
Shall be unlawful for an employer to
require as a condition of employment
or continuation of employment that a
woman employee shall not get married
or to stipulate that upon getting
married, a woman employee shall be
deemed resigned or separated or
otherwise prejudice a woman employee
merely by reason of her marriage.
PROHIBITED ACTS UNDER ARTICLE 136 OF THE
LABOR CODE
a. Requiring as a condition of employment
that female shall not get married
b. Requiring a female employee to resign
upon getting married
c. Dismissing or discriminating against a
female employee because of her
marriage
Violation of this provision is a criminal
offense

PT&T Co. vs NLRC

FACTS: GDG was hired by PT&T as its employee.
In the job application furnished to her to be
filled up, she indicated in the portion of the civil
status that she was single despite the fact that
she had contracted marriage a few months
earlier. When PT&T learned the GDG was in fact
married, after directing her to explain, she was
dismissed from employment because of
company policy of not accepting married
women
HELD: The policy of PT&T runs afoul of the test
of right against discrimination, afforded al

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women workers by our labor laws and the
Constitution. The danger of just such a policy
against marriage followed up by PT&T is that it
strikes at the very essence, ideals and purpose
of marriage as an inviolable social institution
and, ultimately, of the family as the foundation
of the nation.
ART. 137: PROHIBITED ACTS
a. Dismissing a female employee for the
purpose of preventing her from
enjoying the maternity leave benefit
and other benefits or facilities provide
under LC
b. Dismissing female employee on account
of her pregnancy, or while on leave or
in confinement due to her pregnancy
c. Refusing admission of a female
employee upon returning to her work
for fear the she may again be pregnant
ART. 138: CLASSIFICATION OF CERTAIN WOMEN
WORKERS
Any woman who is permitted or
suffered to work, w/ or w/o
compensation, in any night club,
cocktail lounge, massage clinic, bar or
similar
establishment,
shall
be
considered as an employee of such
establishment for purposes of labor and
social legislation.
STATUS
OF
FEMALE
WORKERS
IN
ENTERTAINMENT PLACES
Deemed employees if they have worked
therein for a substantial period of time
under the effective control or
supervision of the employer.
CHAPTER 2
EMPLOYMENT OF MINORS
ART. 139: MINIMUM EMPLOYABLE AGE
**Superseded by R.A. No. 7610**
MINIMUM AGE FOR EMPLOYMENT
General Rule: A person can be engaged for
employment only when he is 15 years old.

LABOR STANDARDS
ATTY. UNGOS
EMPLOYMENT OF CHILDREN BELOW 15 YEARS
OLD
Children below 15 years old can be employed
only in 2 instances:
1. When child works directly under sole
responsibility of his parents or legal
guardian and only members of his
family are employed therein provided:
a. Employment of child neither
endangers his life, safety,
health and morals, nor impairs
his normal development
b. His parent or legal guardian
provides said child with
prescribed primary and/or
secondary education
2. When
childs
employment
or
participation
in
public
and
entertainment or information through
cinema, theatre, radio or television is
essential, provided that:
a. Employment
contract
is
concluded by the childs parent
or guardian with the express
agreement of the child
b. Ff. requirements in all instances
are strictly complied with:
i. Employer shall ensure
protection,
safety,
morals and normal
development of child
ii. Employer shall institute
measures to prevent
the childs exploitation
or discrimination
In above-exceptional cases, the
employer shall first secure a work
permit from DOLE before engaging such
child
HOURS OF WORK OF WORKING CHILD
1. Children below 15 yrs. Old not more
than 4 hours/ day but not more than 20
hours a week
2. Children 15 yrs. Old but below 18 yrs.
Old. allowed to work not more than 8

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hours/day but not more than 40 hours /
week.
NIGHT WORK PROHIBITION FOR CHILDREN
1. Children below 15 years old cannot
work from 8:00PM 6:00 AM
2. Children 15 years old but below 18
years old cannot work from 10:00PM
to 6:00AM
PROHIBITON AGAINST WORST FORMS OF CHILD
LABOR
Worst forms of child labor shall refer to any of
the following:
(1) All forms of slavery, as defined under the "Anti-trafficking in
Persons Act of 2003", or practices similar to slavery such as sale
and trafficking of children, debt bondage and serfdom and forced
or compulsory labor, including recruitment of children for use in
armed conflict; or
2) The use, procuring, offering or exposing of a child for
prostitution, for the production of pornography or for
pornographic performances; or
(3) The use, procuring or offering of a child for illegal or illicit
activities, including the production and trafficking of dangerous
drugs and volatile substances prohibited under existing laws; or
(4) Work which, by its nature or the circumstances in which it is
carried out, is hazardous or likely to be harmful to the health,
safety or morals of children, such that it:
a) Debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being; or
b) Exposes the child to physical, emotional or sexual
abuse, or is found to be highly stressful psychologically
or may prejudice morals; or
c) Is performed underground, underwater or at
dangerous heights; or
d) Involves the use of dangerous machinery,
equipment and tools such as power-driven or explosive
power-actuated tools; or
e) Exposes the child to physical danger such as, but not
limited to the dangerous feats of balancing, physical
strength or contortion, or which requires the manual
transport of heavy loads; or
f) Is performed in an unhealthy environment exposing
the child to hazardous working conditions, elements,
substances, co-agents or processes involving ionizing,
radiation, fire, flammable substances, noxious
components and the like, or to extreme temperatures,
noise levels, or vibrations; or

LABOR STANDARDS
ATTY. UNGOS
g) Is performed under particularly difficult conditions;
or
h) Exposes the child to biological agents such as
bacteria, fungi, viruses, protozoans, nematodes and
other parasites; or
i) Involves the manufacture or handling of explosives
and other pyrotechnic products.

PROHIBITION AGAINST EMPLOYMENT IN

CERTAIN ADVERTISMENT
No child shall be employed as a model
in any advertisement directly or
indirectly
promoting
alcoholic
beverages, intoxicating drinks, tobacco
and its by-products, gambling or any
form of violence or pornography
ART. 140: PROHIBITION AGAINST CHILD
DISCRIMINATION
Minors are entitled to the same
benefits, terms and conditions of
employment as any other kind of
employee similarly situated. An
employer cannot discriminate against
an employee simple because he is a
minor
CHAPTER 3
EMPLOYMENT OF HOUSEHELPERS
ART.141: COVERAGE
Shall apply to all persons rendering
services for compensation
DOMESTIC OR HOUSEHOLD SERVICE
Means services in the employers home
which is usually necessary or desirable
for the maintenance and enjoyment
thereof and includes ministering to the
personal comfort and convenience of
the members of the employers
household, including services of family
drivers
HOUSEHELPER Any person, male or female,
who renders service in and about the
employers home on a job that is usually
necessary or desirable for the maintenance and
enjoyment thereof and ministers exclusively to

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the personal comfort and convenience of the
employers family.
Ex. Family drivers, gardeners, cooks and
nursemaid
To be considered a house helper,
should be hired specifically to perform
household work. In absence of specific
engagement, cannot be considered as
house helper.
**children/relatives of a house helper who live
under
employers
roof
and
same
accommodation cannot be considered as house
helpers if they were not engaged as such and
not required to perform any substantial
household work.
APEX MINING CO. vs NLRC
FACTS: SC was employed by Apex Mining to perform
laundry service at its staff house. While attending to her
task, she accidentally slipped and as a result of the
accident, she was not able to continue with her work. She
was permitted to go on leave for medication. Thereafter,
she was not allowed to return to work. SC filed a
complaint for illegal dismissal against Apex Mining; the
main defence by Apex is that SC was not a regular
employee but mere house helper.
HELD: SC not a house helper but a regular employee of
Apex. The nature of work By SC as laundrywoman is similar
to the work of a house helper; still she could not be
classified as a house helper because she was not working
for a family but for a corporation. Mere fact the SC is
working within the premises of Apex warrants conclusion
that SC should be considered as a regular employee.

BARCENAS vs NLRC
FACTS: B was hired by Manila Buddhist Temple as
secretary and interpreter. Bs position required her to
receive and assist Chinese visitors of the temple, act as
tourist guide for foreign Chinese visitors, attend to the
callers of the Head Monk as well as to the food for the
temple visitors, run errands for Head Monk such as paying
Meralco, PLDR, MWSS bills and act as liaison. After death
of the Head Monk, Bs monthly allowance was
discontinued and she was forcibly evicted from her
quarters in the temple. B filed complaint for illegal
dismissal; Manila Buddhist Temple claimed B was not its
employee but a servant who confined herself to the
personal needs of the Head Monk.
HELD: B is not a domestic servant but a regular employee
of the Temple. The work of B cannot be categorized as

LABOR STANDARDS
ATTY. UNGOS
mere domestic work but were essential and important to
the operation and religious functions of the temple.

ART. 142: CONTRACT OF DOMESTIC SERVICE

Original contract of domestic service
shall not last for more than 2 years but
may be renewed for such periods as
may be agreed upon by the parties.
NON-COMPLIANCE OF STIPULATED PERIOD If
house helper fails to comply without justifiable
reason, he shall forfeit any unpaid salary due
him not exceeding 15 days. If employer fails to
comply with stipulated period without
justifiable reason, shall pay house helper an
indemnity equivalent to 15 days pay.
ART.143: MINIMUM WAGE
1.

800 Pesos / Month house helpers in

Manila, Quezon, Pasay, Caloocan,
Makati, Mandaluyong, Paranaque,
Muntinlupa,
Navotas,
Malabon,
Paranaque, Las Pinas ,Pasig, Marikina in
METRO MANILA AND IN HIGHLY
URBANIZED CITIES.
2. 650 Pesos / Month Other chartered
cities and first class municipalities
3. 550 Pesos / Month Other
municipalities
PROVIDED! Employers shall review employment
contracts of house helpers every 3 YEARS with
the end of improving terms and conditions
thereof.
PROVIDED FURTHER! House helpers who are
receiving at least 1000 Pesos shall be covered
by SSS.
Principle: House hold service shall
always be reasonably compensated
Such compensation shall be IN
ADDITION to the house helpers
lodging, food, and medical attendance.
SACNTIONS FOR VIOLATION Imprisonment of
not more than 3 months or fine not more than
2000 PESOS or both

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TIME AND MANNER OF PAYMENT

Paid directly to the house helper at
least once a month. No deduction shall
be made, unless authorized by law or by
house helper himself.
EQUIVALENT DAILY RATE
By multiplying the applicable minimum
monthly rate by 12 months divided by
365 days
PIECE OR OUTPUT RATES
The piece or output rates shall be such
as will assure the house helper of the
minimum monthly or equivalent daily
rate.
ART. 144: MINIMUM CASH WAGE
Minimum wage rates prescribed under
this chapter shall be the basic cash
wages which shall be paid IN ADDITION
to lodging, food, and medical
attendance.
Lodging, food, and medical attendance
provided for free by the employer
ART. 145: ASSIGNMENT TO NON-HOUSEHOLD
WORK
No house holder shall be assigned to
work in a commercial, industrial, or
agricultural enterprise at a wage or
salary rate lower than that provided for
agricultural or non-agricultural worker
as prescribed therein.
Prohibited is not the assignment to
non-household work but payment of
wage lower than those prescribed for
non-household work, in case the house
helper is assigned to do such job.
ART.146: OPPORTUNITY FOR EDUCATION
If house helper under age of 18 years,
employer shall give him or her
opportunity for at least elementary
education. The cost of such education
shall be part of the house helpers

LABOR STANDARDS
ATTY. UNGOS
compensation,
unless
there
stipulation to the contrary.

FINALS
is

ART. 147: TREATMENT OF HOUSEHELPERS

Treat house helper in a just and
humane manner. In no case shall
physical violence be used upon the
house helper
WORKING HOURS
Shall not be required to work MORE
THAN 10 HOURS A DAY. Every house
help shall be allowed 4 DAYS vacation
each month with pay.
ART.148: BOARD, LODGING AND MEDICAL
ATTENDANCE
Employer shall furnish free of charge
SCOPE OF MEDICAL ATTENDANCE Limited to
medical treatment for ailments contracted by
the house helper while in the service of the
employer. Hospitalization not included.
HOUSE HELPER CLOTHES Subject to
stipulation. Any contract for household service
shall be void if thereby the house helper cannot
afford to acquire suitable clothing.
FUNERAL EXPENSE Employer shall bear the
funeral expenses commensurate to the
standard of life of the deceased.
DISPOSITION OF THE HOUSE HELPERS BODY
Unless so desired by the house helper or by his
or her guardian with court approval, the
transfer or use of the body of the deceased
house helper for purposes other than burial is
prohibited
ART.
149:
INDEMNITY
FOR
UNJUST
TERMINATION
If the period of household service is
fixed, neither employer/employee may
terminate
the
contract
before
expiration of the term, except for just
cause.

If house helper unjustly dismissed shall

be paid the compensation already
earned plus that for 15 days by way of
indemnity
IF house helper leaves without
justifiable reason he shall forfeit any
unpaid salary due him not exceeding 15
days.
ART. 150: SERVICE OF TERMINATION NOTICE
If duration of household service is not
determined either in stipulation or by
nature of the service, the employer or
the house helper may give notice to put
an end to the relationship 5 DAYS
before the intended termination of the
service
ART. 151: EMPLOYMENT CERTIFICATION
Upon severance of the house hold
service relation the employer shall give
the house helper a written statement of
the nature and duration of the service
and his or her efficiency and conduct as
house helper
ART. 152: EMPLOYMENT RECORDS
The employer may keep such records as
he may deem necessary to reflect the
actual terms and conditions of
employment of his house helper, which
the latter shall authenticate by
signature or thumb mark upon request
of employee for greater efficacy.
CHAPTER 4
EMPLOYMENT OF HOME WORKERS
ART. 153: REGULATION OF INDUSTRIAL
HOMEWORKERS
Employment of industrial homeworkers
and field personnel shall be regulated
by
the
Government
through
appropriate regulations issued by
Secretary of Labor to ensure general
welfare and protection of homeworkers
and field personnel and industries
employing them.

LABOR STANDARDS
ATTY. UNGOS
INDUSTRIAL HOMEWORK System of
production under which work for an employer
or contractor is carried out by a homeworker at
his home. Materials may or may not be
furnished by the employer or contractor. There
is ordinarily very little supervision or regulation
for methods of work.
LIMITATION
Homework is not allowed in the manufacture or
processing of:
a. Explosives, fireworks and similar articles
b. Drugs and poisons
c. Other articles, the processing of which
requires exposure to toxic substances.
RIGHT OF HOMEWORKERS TO SELFORGANIZATION
Homeworkers have right to form, assist
or join organization of their own
choosing in accordance with law. Has
right to bargain collectively, to own
property, to sue and be sued.
PAYMENT OF HOMEWORKERS
Upon receipt of the finished goods or
articles, employer shall pay the
homeworker or the contractor or subcontractor, for the work performed less
corresponding homeworkers share of
SSS, Medicare, and ECC premium
contribution which shall be remitted by
the contractor/ sub-contractor to the
SSS with the employers share.
CONDITIONS FOR PAYMENT OF WORK
a. Employer may require homeworker to
redo work improperly executed without
having to pay stipulated rate again.
b. Employer, contractor, sub-contractor
need not pay the home worker for any
work done which have been returned
for reasons attributable to the fault of
the homeworker.
STANDARD RATES Established by Sec. of Labor
or authorized representatives

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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 the employer and its workers
as approved by the Secretary or his
authorized representative
c. Consultation with representative of
employers and workers organizations in
a tripartite conference called by the
secretary
Time and motion studies shall be
undertaken by the Regional Office
having jurisdiction over the location of
the premise/s used
The standard piece rate shall be issued
by the Regional Office within one
month after a request has been made
at said office.
DEDUCTION
No
employer,
contractor,
subcontractor shall make any deduction for
the value of materials which have been
lost, destroyed, soiled or otherwise
damaged unless the ff. are met:
a. Homeworker is clearly shown to be
responsible for loss or damage;
b. Employee is given reasonable
opportunity to show cause why
deductions should not be made;
c. Amount of such deduction is fair
and reasonable and shall not
exceed the actual loss or damage;
d. Deduction is made at such rate not
exceed 20% of the homeworkers
earning in a week.
ENFORCEMENT POWER
Regional Director shall have the power
to order and administer compliance
with the provisions of the law
Complaints for violation of labor
standards involving money claims of
homeworkers in amount NOT MORE
THAN P5,000 per homeworkers shall be
heard and decided by Regional Director

LABOR STANDARDS
ATTY. UNGOS
Cases money claims due a homeworker
exceed P5,000 the same shall be
endorsed to the appropriate Regional
Arbitration Branch of NLRC.
ART.155: DISTRIBUTION OF HOMEWORK
For purposes of this Chapter, the "employer" of
homeworkers includes any person, natural or
artificial who, for his account or benefit, or on
behalf of any person residing outside the
country, directly or indirectly, or through an
employee, agent contractor, sub-contractor or
any other person:
1. Delivers, or causes to be delivered, any
goods, articles or materials to be
processed or fabricated in or about a
home and thereafter to be returned or
to be disposed of or distributed in
accordance with his directions; or
2. Sells any goods, articles or materials to
be processed or fabricated in or about a
home and then rebuys them after such
processing or fabrication, either by
himself or through some other person.
Agents of Foreign Principals Considered
employers under this article
CONTRACTOR OR SUB-CONTRACTOR Any
person who, for the account or benefit of an
employer, delivers or causes to be delivered to
a homeworker goods or articles to be processed
in or about his home and thereafter to be
returned, disposed of or distributed in
accordance with the direction of the employer
Whenever employer contracts with
another for the performance of the
employers work, the employer is duty
bound to provide in the contract that
the employees or homeworkers of
contractors shall be paid in accordance
with law. If the contractor or subcontractor fails to pay wages or
earnings of his employees the employer
shall be jointly and severally liable to

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the extent of the work performed
under the contract
The employer, contractor, subcontractor shall also assist the
homeworkers in the maintenance of
basic and healthful working conditions
at the homeworkers place of work.
BOOK FOUR
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
TITLE 1
MEDICAL, DENTAL AND OCCUPATIONAL
SAFETY
CHAPTER 1
MEDICAL AND DENTAL SERVICES
ART.156: FIRST AID TREATMENT
Every employer shall keep in his
establishment such first aid medicines
and equipment as the nature and
conditions of work may require
Employer shall take steps for the
training of a sufficient number of
employees in first-aid treatment.
FIRST-AID TREATMENT Adequate, immediate
and necessary medical and dental attention or
remedy given in case of injury or sudden illness
suffered by a worker during employment,
irrespective of WON such injury or illness is
work-connected, before more extensive
medical and/or dental treatment can be
secured.
**Does not include treatment or follow-up
treatment for any injury or illness.
SCOPE OF LAW
Obligation to keep first aid medicines
applies to all employers, regardless of
the number of employees they employ
List of medicines may be obtained from
Bureau of Working Conditions of the
DOLE

LABOR STANDARDS
ATTY. UNGOS
ART.157: EMERGENCY AND MEDICAL AND
DENTAL SERVICES
THE REQUIRED MEDICAL AND DENTAL SERVICES
The kind of medical and dental services and
facilities depends upon the number of
employees and the nature of the workplace.
1. 10 TO 50 WORKERS
Graduate first aider
2. 51 TO 200 WORKERS
FULL-TIME REGISTERED NURSE
** A full-time first aider will suffice
if the workplace is non-hazardous
and a nurse is not available**
3. 201 TO 300 WORKERS
Full-time registered nurse
Part-time physician
Part-time dentist
Emergency clinic
** An emergency clinic shall be
provided regardless of the nature of
the undertaking**
OVER 300 WORKERS:
a. HAZARDOUS WORKPLACE
Full-time registered nurse
Full-time physician
Full-time dentist
Dental Clinic
Infirmary or emergency hospital
with 1 bed capacity for every
100 workers
b. NON-HAZARDOUS WORKPLACE
Full-time registered nurse
Part time physician
Part-time dentist
** In all workplace where there are MORE
THAN 1 WORKSHIFT IN A DAY, employer shall,
in addition to aforesaid requirements, provide
the services of a FULL-TIME FIRST-AIDER for
each work shift **
CONCEPT OF PART-TIME SERVICE
Contemplates at least 2 HOURS stay in
the premises in a day

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If establishment has more than 1
workshift a day, 2-HOUR STAY BE
DEVOTED TO WORKSHIFT THAT HAS
BIGGEST NUMBER OF WORKERS,
subject, however, to call at any time
during the other workshifts in case of
emergency.
CONCEPT OF FULL-TIME SERVICE
At least 8 HOURS STAY in the premises
in a day.
If more than 1 workshift a day, 8-HOUR
STAY BE DEVOTED TO WORKSHIFT THAT
HAS BIGGEST NUMBER OF WORKERS,
subject, however, to call at any time
during the other workshifts in case of
emergency.
THE
FOLLOWING
WORKPLACES
CONSIDERED HAZARDOUS:

ARE

(a) Where the nature of the work

exposes the workers to dangerous
environmental
elements,
contaminations or work conditions
including ionizing radiations, chemicals,
fire, flammable substances, noxious
components and the like.
(b) Where the workers are engaged in
construction work, logging, fire-fighting,
mining, quarrying, blasting, stevedoring,
dock work, deep-sea fishing and
mechanized farming.
(c) Where the workers are engaged in
the manufacture or handling of
explosives and other pyrotechnic
products.
(d) Where the workers use or are
exposed to heavy or power-driven
machinery or equipment.
(e) Where the workers use or are
exposed to power-driven tools.
ART. 158: WHEN EMERGENCY HOSPITAL NOT
REQUIRED

LABOR STANDARDS
ATTY. UNGOS
AN EMPLOYER NEED NOT PUT UP AN
EMERGENCY HOSPITAL OR DENTAL CLINIC IN
THE WORKPLACE IF:
a. There is hospital or dental clinic located
not more than 5 KILOMETERS away
from workplace in an URBAN AREA
OR
Can be reached by motor vehicle in 25
MINUTES TRAVEL if situated in RURAL
AREA
b. Employer has facilities readily available
for transporting a worker to the
hospital or clinic in case of emergency
c. Employer has a written contract with
the hospital or dental clinic for the use
thereof in the treatment of workers in
case of emergency
** This however, does not relieve an employer
from maintaining an emergency treatment
room.
ART.159: HEALTH PROGRAM
The physician engaged by an employer
shall, in addition to his duties under this
chapter, develop and implement
comprehensive occupational health
program for the benefit of the
employees of his employer
OBJECTIVES OF AN OCCUPATIONAL HEALTH
PROGRAM
a. To assess the workers physical,
emotional and psychological assets to
facilitate his proper placement and
ensure suitability according to their
physical capacities
b. To protect employees against health
hazards. To prevent occupational as
well as non-occupational diseases
c. Provide for first aid, emergency services
and treatment
d. Assure adequate medical care of ill and
injured workers
e. Encourage
personal
health
maintenance and physical fitness and
proper nutrition practices

FINALS
f.

Provide guidance, information and

service for family planning programs

THE HEALTH PROGRAM SHALL INCLUDE THE

FOLLOWING ACTIVITIES
a. Maintenance of a healthful work
environment
b. Health
examinations
specifically:
entrance examination, periodic, special,
transfer, separation examination
c. Diagnosis and treatment of all injuries
d. Immunization programs
e. Keeping accurate and complete medical
records
f. Health education and counselling for
habits of cleanliness, orderliness, safe
work practices, use and maintenance of
available personal protective clothing
and devices
g. Nutrition program
DUTIES OF COMPANY PHYSICIAN
a. Pre-employment medical examination
free of charge for proper selection and
placement of workers
b. Annual physical examination for
workers
c. Collaborate closely with the safety and
technical
personnel
of
the
establishment to assure selection and
placement of workers
d. Develop
and
implement
a
comprehensive occupational health and
safety program
e. Conduct studies on occupational health
f. Prevent diseases or injury in the
workplace
g. Conserve the health of the workers
through physical examinations, proper
advice for placement and health
education
h. Provide medical and surgical care to
restore health and earning capacity of
injured workers
i. Maintain and analyse records of all
medical cases
j. Continually
monitor
the
work
environment for health hazards

LABOR STANDARDS
ATTY. UNGOS
k. Act as adviser to management and
labor on health matters
l. Report directly to top management
DUTIES OF THE COMPANY NURSE
a. Organize and administer a health
service program
b. Provide nursing care
c. Participate in health maintenance
examinations
d. Participate in the maintenance of
occupational safety and health by giving
suggestions
e. Maintain a reporting and records
system
DUTIES OF THE COMPANY DENTIST
In accordance with the standards
prescribed by the Bureau of Dental
Health Services of the DOH
DUTIES OF THE COMPANY FIRST AIDER
Give immediate temporary treatment
before the services of a physician
become available. If the case needs a
physician, the first aider shall
immediately call or refer the injured to
one.
DUTIES OF EMPLOYER
Establish in his workplace, occupational
health services to provide a healthful
place of work.
Adopt a comprehensive occupational
health program for his employees
Enter into a contract with hospitals or
dental clinics, if this is not available in
workplace
Maintain a health record of his program
PHYSICAL EXAMINATION All workers
irrespective of age and sex shall undergo a
complete and thorough physical examination,
FREE OF CHARGE:
a. Before entering employment for the 1st
time;

FINALS
b. Periodically as may be necessary on
account of the conditions or risk
involved in the work;
c. When transferred or separated from
employment;
d. Injured or ill.
Purpose is to determine the physical
condition of the prospective employee
at the time of hiring and to prevent the
placement of a worker or a job where,
through some physical or mental
defects, he may be dangerous to his
fellow workers or to property.
Periodic annual medical examinations
are conducted in order to follow-up
previous findings, to allow early
detection of occupational and nonoccupational
diseases,
and
to
determine the effect of exposure to
health hazards.
Special examinations may be required if
there is undue exposure to health
hazards, such as lead, mercury,
hydrogen sulphide, sulphur dioxide,
nitroglycerin, nitroglycol, and other
similar substances.
If worker returns to work, a return to
work examination shall be conducted to
detect if worker still contagious and to
determine if the worker is fit to return
to work.
Workers hired for a specific job shall
not be transferred to another work until
they have been examined by the
physician and certified that the transfer
is medically advisable.
Employers are obliged to maintain a
record of all medical examinations,
treatments and medical activities
undertaken.
ART. 160: 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.

LABOR STANDARDS
ATTY. UNGOS
QUALIFICATIONS OF FIRST AIDERS
Able to read and write
Have completed a course in first aid
Duly certified by the Philippine National
Red Cross or by any other organizations
accredited.
QUALIFICATIONS OF NURSE
Must have passed the examinations given
by the Board of examiners
Licensed to practice nursing in the
Philippines
Preferably, with at least 50 hours of training
in occupational nursing
QUALIFICATIONS OF PHYSICIAN
Passed the examinations
Licensed to practice medicine in the
Philippines
A graduate of a training course in
occupational medicine
QUALIFICATIONS OF DENTIST
Passed the examination
Licensed to practice dentistry in the
Philippines
Completed a training course in Dental
services

Where a number or workers in a hazardous

workplace exceeds 2000, a higher degree of
qualifications, such as diploma or master on
Occupational Health or Industrial Health or its
equivalent shall be required
ART.161: ASSISTANCE OF EMPLOYER
It shall be the duty of any employer to provide
all the necessary assistance to ensure adequate
and immediate medical and dental attendance
and treatment to an injured or sick employee in
case of emergency.
CHAPTER 2
OCCUPATIONAL HEALTH AND SAFETY
ART. 162: Secretary of Labor shall, by
appropriate orders, set and enforce mandatory
occupational safety and health standards to
eliminate or reduce occupational safety and
health standards in all workplaces and institute
new, and update existing, programs to ensure

FINALS
safety and healthful working conditions in all
places of employment.
Purpose: to protect every workingman against
the dangers of injury, sickness or death through
safe and healthful working conditions assuring
the conservation of valuable manpower and the
prevention of loss or damage to lives and
properties, commitment for the total
development of every worker as a complete
human being.
Coverage: Occupational safety and health
standards set by the DOLE covers all
establishments,
workplaces,
and
other
undertakings, including agricultural enterprises,
whether for profit or not except to:
a. Engaged in land, sea and air
transportation, except their garages,
dry-docks, hangars, maintenance and
repair shops and offices
b. Residential places exclusively devoted
to dwelling purposes
c. Activities of a lessee regarding safety of
mining installations
DUTY OF EMPLOYERS TO OBSERVE SAFETY AND
HEALTH STANDARDS
a. Keep and maintain his workplace free
from work hazards that are causing or
likely to cause physical harm to the
workers of damage to property
b. Give complete job safety instructions to
all his workers and hazards to which the
workers are exposed to and the steps to
be taken in case of emergency
c. Provide only approved devices and
equipment in his workplace
DUTY OF EMPLOYEES
a. Cooperate in carrying out occupational
safety and health standards
b. Report to their supervisor any work
hazard they may discover in their
workplace
c. Make proper use of all safeguards and
safety devices furnished to them by
their employer

LABOR STANDARDS
ATTY. UNGOS
SUSPENSION OF RULES
Any part of the Occupational Safety and
Health Standards may be temporarily
suspended by the Secretary of Labor
and Employment upon application by
an employer for the following reasons:
a. Unavailability of professional or
technical personnel or materials and
equipment needed to comply with the
rule
b. Necessary construction or alteration of
the prescribed facilities cannot be
completed on the effectivity date of the
rule;
c. If the employer is participating in
experiments or studies approved or
conducted by the Bureau of Working
Conditions designed to demonstrate
new techniques to safeguard the safety
and health of workers.
The suspension order shall not be in effect
longer than the period needed by the employer
to come into compliance with the rule, or one
year, whichever is shorter, renewable for
another year, subject to revocation or
shortening by the Sec. of Labor and
Employment, if such is warranted.
VARIATION ORDER
If there is practical difficulty or
unnecessary hardship in complying with
the requirements, the Sec. of Labor
upon recommendation of the Regional
Director, may issue an order allowing a
variation in complying with such
requirements
A variation order shall stipulate the
conditions under which the variation is
permitted and shall be applicable and
effective only to the particular
employer and operations covered by
the order.
SAFETY COMMITTEE
All establishments are required to have
a Security Committee which should be

FINALS
organized within 1 month from the date
of the business starts operating and
should reorganize every January of each
year.

DUTIES OF THE SAFETY COMMITTEE

(1) Plans and develops accident prevention programs
for the establishment.
(2) Directs the accident prevention efforts of the
establishment in accordance with the safety
programs safety performance and government
regulations in order to prevent accidents
from occurring in the workplace.
(3) Conducts safety meetings at least once a month.
(4) Reviews reports of inspection, accident
investigations and implementation of program.
(5) Submits reports to the manager on its meetings
and activities.
(6) Provides necessary assistance to government
inspecting authorities in the proper conduct
of their activities such as the enforcement of the
provisions of this Standards.
(7) Initiates and supervises safety training for
employees.
(8) Develops and maintains a disaster contingency
plan and organizes such emergency service
units as may be necessary to handle disaster
situations pursuant to the emergency
preparedness manual for establishments of the Office
of Civil Defense.

TYPES OF COMMITTEES
TYPE A This is the type of safety
committee in workplaces with a total
workforce of over 400 workers.
TYPE B With total workforce of 201 to
400 workers
TYPE C 100-200 workers
TYPE E (Joint Committee) This is an
organization of the safety committees
of different establishments housed
under one building
OTHER TYPES OF SAFETY ORGANIZATION
LINE TYPE Form of organization wherein the
general manager or head of the establishment

LABOR STANDARDS
ATTY. UNGOS
directs the safety programs and assumes overall
responsibility for safety in the establishment.
He in turn delegates the application of safety
programs to plant personnel occupying line
positions.
STAFF TYPE - this is also known as the safety
engineer type. It is composed of a line
organization with specialized personnel
employed to advise and assist management in
all matters of safety. Said personnel are
responsible to the top executive exercising staff
functions. They serve all departments in an
advisory capacity and supervise the application
of the safety program in the workplace.
The employer may establish the line or staff
type of organization subject to the approval of
the Secretary of Labor and Employment
TERM OF OFFICE
The chairman, physician or nurse and
the secretary shall be permanent
members of the Safety Committee.
The term of office of the department
head in the Safety committee shall be
for 1 year.
Types A and B safety Committees, term
of the worker members shall be 2 years
each.
Types C, D and E safety committees, the
term of worker-members shall be 1
year
Type E, the term of office of the
chairman and the members shall be 1
year. Membership in the joint
committee shall be rotated among
members of the safety committees in
other establishments.
THE SAFETY MAN Principal function is to
acts as the employers principal assistant
and consultant in the application of the
programs to remove the hazards from the
workplace and to correct unsafe work
practices.

FINALS
REPORT OF ACCIDENTS OR OCCUPATIONAL
ILLNESS
Shall be reported by the employer
to the Regional Labor Office or duly
authorized
representative
in
duplicate and a copy furnished the
employee or his duly authorized
representative
using
form
MOL/BLS/HSD-IP-6.
Investigation report shall be
submitted to the employer on or
before 20th day of the month ff. the
date of occurrence of the accident/
illness is established.
Formal report be submitted to the
Regional Labor Office or authorized
representative on or before the 30th
day of the same month.
In case of temporary total disability
where the injured or ill employee
has not reported back to duty on
the closing date of reporting, an
estimate of the probable days of
disability shall be made and entered
in the report and corrected after
the return of the injured.
Where the accident or illness
results in death or permanent total
disability, the employer, in addition
to the required written report, shall
initially notify the Regional Labor
Office
or
duly
authorized
representative within 24 hours after
occurrence using fastest means of
communication.
All deaths and permanent total
disabilities shall be investigated by
the Regional Labor Office within 48
HOURS after receipt of the initial
report.
THE FOLLOWING ARE CONSIDERED
DANGEROUS OCCURRENCES:

AS

a. Explosion of boilers used for heating or power.

b. Explosion of a receiver or storage container,
with pressure greater than atmospheric,
of any gas or gases (including air) or any liquid
resulting from the compression of

LABOR STANDARDS
ATTY. UNGOS

FINALS

such gases or liquid.

c. Bursting of a revolving wheel, grinder stone or
grinding wheel operated by
mechanical power.
d. Collapse of a crane, derrick, winch, hoist or
other appliances used in raising or
lowering persons or goods or any part thereof,
the overturning of a crane, except
the breakage of chain or rope sling.
e. Explosion or fire causing damage to the
structure of any room or place in which
persons are employed or to any machine
contained therein resulting in the complete
suspension of ordinary work in such room or
place, or stoppage of machinery or
plant for not less than twenty four (24) hours,
and
f. Electrical short circuit or failure of electrical
machinery, plant or apparatus, attended
by explosion or fire causing structural damage
thereto and involving its stoppage and misuse
for not less than 24 hours.

jurisdiction thereof to form part of a

data-bank
of
all
covered
establishments.
Establishment which is the smallest
economic activity under one single
location shall be one registrable unit
New establishments should register
within 30 days before operation
Free of charge and valid for the lifetime
of the establishment except when any
of the following conditions exists, which
case, re-registration, as if it were a new
establishment, is required:
a. Change of business name
b. Change in location
c. Change in ownership
d. Reopening
after
previous
closing

PURPOSE OF REPORTING REQUIREMENTS It is

only for information purposes so that the
Regional Labor Office can have the necessary
data to be used in connection with the
performance of its accident and illness
prevention.

ARTICLE 163: RESEARCH

It shall be the responsibility of the Department
of Labor and Employment 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
employee will suffer impairment or diminution
in health, functional capacity, or life expectancy
as a result of his work and working conditions.

RECORDS TO BE KEPT BY THE EMPLOYER

The employer shall maintain and keep an
accident or illness record which shall be open at
all times for inspection to authorized personnel.
a. Date of accident or illness
b. Name of injured or ill employee, sex
and age
c. Occupation of injured or ill employee at
the time of accident or illness
d. Assigned causes of accident or illness
e. Extent and nature of disability
f. Period of disability
g. Whether accident involved damage to
materials, equipment or machinery
h. Record of initial notice and/or report to
the Regional Labor Office or authorized
representative.
REGISTRATION
Employers are required to register their
business with the Regional Labor office
or authorized representative having

ART. 164: TRAINING PROGRAMS

DOLE shall develop and implement training
programs to increase the number and
competence of personnel in the field of
occupational safety and industrial health.
TRAINING OF PERSONNEL IN SAFETY AND
HEALTH
Every employer shall take steps to train a
sufficient number of his supervisors or technical
personnel in occupational safety and health. An
employer may observe the following:

LABOR STANDARDS
ATTY. UNGOS
IN NON-HAZARDOUS
WORKPLACE

FINALS
ESTABLISHMENT

OR

500-400 workers per shift at least 1 of the

supervisors or technical personnel shall be
trained in occupational health and safety and
shall be assigned as part-time safety man
Over 400 workers per shift at least 2 of its
supervisors shall be trained and a full-time
safety man shall be provided.
IN
HAZARDOUS
WORKPLACE

ESTABLISHMENT

OR

20 to 200 workers per shift at least 1 of its

supervisors or technical personnel shall be
trained and one of them shall work as part-time
safety man.
Over 200 workers per shift at least 2 of its
supervisors or technical personnel shall be
trained and of them shall be appointed full-time
safety man and secretary of the safety
committee
The employment of a full-time safety
man may not be required if the
employer enters into a written contract
with a qualified consulting organization
which shall develop and carry out his
safety and health activities.
ART. 165: ADMINISTRATION OF SAFETY AND
HEALTH LAWS
THE ENFORCEMENT OF SAFETY AND HEALTH
LAWS
The DOLE is solely responsible for the
administration and enforcement of
occupational safety and health laws in
all workplace
Chartered cities may be authorized by
the Sec. of Labor to enforce it.
TYPES OF INSPECTION

Technical Safety Inspection this refers to

inspection for the purpose of safety
determination of boilers, pressure vessels,
internal
combustion
engines,
electrical
installations, elevators, hoisting equipment and
other mechanical equipment.
General Safety Inspection Inspection of work
environment, including location and operation
of machinery other than those covered by
technical safety inspection, adequacy of work
space, ventilation, lighting, conditions of work
environment, handling etc..
FREQUENCY INSPECTION
Every establishment or place of employment
shall be inspected at least once a year. Special
inspection may be authorized by the Regional
Labor office:
a. To
investigate
accidents,
occupational illness
b. Conduct surveys of working
conditions
c. Conduct
investigation,
inspections
or
follow-up
inspections upon request of
employer.
d.