LABOR STANDARDS

This includes industrial, agricultural, or agro-industrial establishments engaged in the production,

Constitutional Rights and Mandates manufacturing, processing, repacking or assembly of goods, including service-oriented enterprises.”
The Labor Code is an instrument to carry out constitutional mandates. If there should be conflict between
constitutional provisions and those of the Labor Code, the Constitution shall prevail as it is the highest law Shared Responsibility
of the land. The Constitution commands the State to promote the principle of shared responsibility between workers
and employers and the preferential use of voluntary modes of settling disputes, including conciliation, and
The 1987 Constitution (Article II, Section 18) declares as a state policy: “The state affirms labor as a to enforce their mutual compliance therewith to foster industrial peace.
primary social economic force. It shall protect the rights of workers and promote their welfare.
Q: What is the basis or foundation of Labor Laws?
Furthermore, it is also provided that “The State shall afford protection to labor, local and overseas, A: It is Police Power.
organized and unorganized, and promote full employment and equality of employment opportunities for
all. Q: What is Police Power?
A: It is the power of the Government to enact laws within constitutional limits, to promote the order,
Specifically, The Constitution enumerates the guaranteed basic rights of workers, namely: (Article XII, safety, health, morals and general welfare of society.
Section 3)
1. to organize themselves; Note:
2. to conduct collective bargaining or negotiation with management; In the case of People v. Pomar, The Supreme Court held that when providing by legislation for the
3. to engage in peaceful concerted activities, including to strike in accordance with law; protection of the public health, the public morals, or the public safety, is subject to and is controlled by the
4. to enjoy security of tenure; paramount authority of the constitution of the state, and will not be permitted to violate rights secured or
5. to work under humane conditions; guaranteed by that instrument or interfere with the execution of the powers and rights guaranteed to the
6. to receive a living wage; and people under their law, the constitution.
7. to participate in policy and decision-making processes affecting their rights and benefits as
may be provided by law. HISTORY OF LABOR CODE:
Birth of the Labor Code
With Respect to Contracts: ● Writing of the Labor Code began in 1968.
Article 1305 of the Civil Code provides that a contract is a meeting of minds between two persons ● Blas F. Ople is regarded as the Father of the Labor Code.
whereby one binds himself with respect to the other, to give something or to render some service. In other
words, in labor, there must be a meeting of minds, which is typically enshrined in a Collective Bargaining 7 Principles Underlying the Labor Code
Agreement (CBA).
1. Labor Relations must be made both responsive and responsible to national development.
Article 1306 of the Civil Code further provides that the contracting parties may establish such
stipulations, clauses, terms and conditions as they may deem convenient, provided that they are not 2. Labor laws or labor relations during a period of national emergency must substitute rationality
contrary to law, morals, public order, or public policy. This means contracts under labor must be clear and for confrontation. Therefore, strikes or lockouts give way to a rational process which is
unequivocal arbitration.

Therefore, such contracts are subject to special laws on labor unions, collective bargaining, strikes and 3. Laggard justice in the labor field is injurious to the workers, the employers and the public.
lockouts, closed shop, wages, working conditions, hours of labor and similar subjects, all of which are Labor justice can be made expeditious without sacrificing due process.
enshrined under the Labor Code 4. Manpower development and employment must be regarded as a major dimension of labor
policy, for there can be no real equality of bargaining power under conditions of sever mass
Principle of Non-Oppression unemployment.
Article 1701 of the Civil Code provides that neither capital nor labor shall act oppressively against the 5. There is a global labor market available to qualified Filipinos, especially those who are
other or impair the interest of the public. unemployed or whose employment is tantamount to unemployment because of their very little
earnings.
Balancing of Rights in Private Enterprise System 6. Labor laws must command adequate resources and acquire a capable machinery for effective
The Constitution has not overlooked the rights of capital. It provides that “the State recognizes the and sustained implementation, otherwise, they merely breed resentment not only of the
indispensable role of the private sector, encourages private enterprise, and provides incentives to needed workers but also of the employers. When labor laws cannot be enforced, both the employers
investments.” and the workers are penalized.
7. There should be popular participation in national policy-making through what is now called
The State is mandated to regulate the relations between workers and employers. While labor is entitled to tripartism
a just share in the fruits of production, the enterprise has an equally important right not only to reasonable
returns on investment but also to expansion and growth. Q: What is the Labor Code?
A: The Labor Code or P.D. 442, as amended, is a set of substantive and procedural laws that prescribe the
Q: What are Private Enterprises? principal rights and responsibilities of employers, employees and other industrial participants, as well as
A: Section 4 of the TESDA Law provides that it is an “economic system under which property of all kinds the role of Government in employment and related activities, so as to institute social justice.
can be privately owned and in which individuals, alone or in association with another, can embark on a
business activity. Note:
The Labor Code is not one-sided. It is not meant to protect a sector to oppress another. All throughout the The two-sentence declaration of basic policy in Article 3 hardly mentions the employer except in the
Code, the rights and responsibilities not only of employees but also of employers are recognized. Indeed, phrase “regulate the relations between workers and employers”. However, it should be viewed in the
the Labor Code has to protect the interests of both employees and employers, for if it does not, it would be perspective of the 1987 Constitution which, as already stated, explicitly recognizes shared responsibility
unconstitutional. of employers and workers.

Labor Law should not punish the rich must because they are rich, but the law should temper greed or re- Article 4. Construction in favor of labor. All doubts in the implementation and interpretation of the
channel excessive wealth. I should help spread economic opportunities and equality. provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of
labor.
Related Laws
Although the Labor Code contains most of the laws on labor, there are other labor laws that are not found DISCUSSION:
in the Code. The most pertinent ones that include some labor laws that also serve as a background in In carrying out and interpreting the Labor Code’s provisions and its implementing regulations, the
viewing the Labor Code are: working man’s welfare should be the primordial and paramount consideration. This gives meaning and
substance to the liberal and compassionate spirit of the law as provided for in Article 4 of the New Labor
1. Civil Code – since it it the Civil Code that describes the nature of labor-management relations. Code.
Such that the Civil Code provides that the relations between capital and labor are not merely
contractual. They are so impressed with public interest that labor contracts must yield to the Cebu Royal Plant v. Minister of Labor
common good. G.R. No. L-58639 | August 12, 1987
2. Revised Penal Code – the laws here define and penalize offenses that apply to all human We take this opportunity to reaffirm our concern for the lowly worker who, often at the mercy of his
interaction, whether the persons involved are employers, employees, or otherwise. Of those employers, must look up to the law for his protection. Fittingly, that law regards him with tenderness and
named in the RPC, the crimes against public order, against persons, against property, or against even favor and always with faith and hope in his capacity to help in shaping the nation's future. It is error
honor, come into play alongside labor laws, especially in case of labor disputes. to take him for granted. He deserves our abiding respect. How society treats him will determine whether
the knife in his hands shall be a caring tool for beauty and progress or an angry weapon of defiance and
3. Special Laws – Other laws that are related to the subject of the Labor Code include the SSS revenge.
Law, the GSIS Law, The Agrarian Reform Law, the 13th month pay law, the Magna Carta for
Public Health Workers, and Women and so forth.

Reason for According Greater Protection to Employees

In the matter of employment bargaining, there is no doubt that the employer stands on higher footing than
the employee.

The law must protect labor, at least, to the extent of raising him to equal footing in bargaining relations
Article 3. Declaration of basic policy. The State shall afford protection to labor, promote full with capital and to shield him from abuses brought about by the necessity for survival. It is safe to
employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations presume, therefore, that an employee or laborer who waives in advance any benefit granted him by law
between workers and employers. The State shall assure the rights of workers to self-organization, does so, certainly not in his interest or through generosity but under the forceful intimidation of urgent
collective bargaining, security of tenure, and just and humane conditions of work. need, and hence, he could not have so acted freely and voluntarily.

Dissection of the provision for better memorization It is justice which is the intention of the law. It is not to be blinded or immobilized by the fact of one’s
being economically underprivileged. Article 4 then cannot be taken to have superseded Article 10 of the
The state shall afford protection to: (LPER) Civil Code that states: “In case of doubt in the interpretation or application of laws, it is presumed that the
1. Labor lawmaking body intended right and justice to prevail.” Justice, not expediency, is the higher end of law.
2. Promote full employment
3. Ensure equal work opportunities regardless of: Note:
a. Sex While the Constitution is committed to the policy of social justice and the protection of the working class,
b. Race it should not be supposed that every labor dispute will be automatically decided in favor of labor.
c. Creed
4. Regulate the relations between workers and employers. Management also has its own rights which, as such, are entitled to respect an enforcement in the interest
of simple fair play. The Secretary of Labor is duly mandated to equally protect and respect not only the
The State shall assure the rights of workers to: (SCSJ) laborer or worker’s side but also the management and/or employer’s side. The law, in protecting the rights
1. Self-organization of the laborer, authorizes neither oppression nor self-destruction of the employer.
2. Collective bargaining
3. Security of tenure and Management prerogatives, however, are subject to limitations provided by:
4. Just and humane conditions of work.
1. Law
Note: 2. Contract or collective bargaining agreements, and
3. General principles of fair play and justice.
 RULING: Any benefit and supplement being enjoyed by employees cannot be reduced, diminished,
RIGHTS OF THE EMPLOYER discontinued or eliminated by the employer. The principle of non-diminution of benefits is founded on
Employer has the right to return of investments the Constitutional mandate to "protect the rights of workers and promote their welfare,” and “to afford
Consistent with the policy of the State to bridge the gap between the underprivileged workingman and the labor full protection.”
more affluent employers, the balance in favor of the workingman should be tilted without being blind to
the concomitant right of the employer to the protection of his property. The employer has the right to Said mandate in turn is the basis of Article 4 of the Labor Code which states that “all doubts in the
return of investments and to make profit. There is nothing dirty about profit per se, it is profit that creates implementation and interpretation of this Code, including its implementing rules and regulations shall be
jobs and improves the workers’ lot. rendered in favor of labor.

Employer has the right to prescribe rules The employer’s act of including non-basic benefits in the computation of the 13thmonth pay was a
They have the right to make reasonable rules and regulations for the government of their employees, and voluntary act and had ripened into a company practice which cannot be peremptorily withdrawn.
when employees, with knowledge of an established rule, enter the service, the rule becomes a part of their In the years 1992, 1993, 1994, 1999, 2002 and 2003, petitioner had adopted a policy of freely, voluntarily
contract. Company policies and regulations are, unless shown to be grossly oppressive or contrary to law, and consistently granting full benefits to its employees regardless of the length of service rendered. True,
generally binding and valid on the parties. there were only a total of seven employees who benefited from such a practice, but it was an established
practice nonetheless. Jurisprudence has not laid down any rule specifying a minimum number of years
Employer has the right select employees within which a company practice must be exercised in order to constitute voluntary company practice.
He has a right under the law to full freedom in employing any person free to accept employment from Thus, it can be six (6) years, three (3) years, or even as short as two (2) years. Petitioner cannot shirk away
him. On the one hand, he may refuse to employ whomever he may wish, irrespective of his motive, and on from its responsibility by merely claiming that it was a mistake or an error, supported only by an affidavit
the other hand, he has the right to prescribe the terms upon which he will consent to the relationship, and of its manufacturing group head.
to have them fairly understood and expressed in advance.
In cases involving money claims of employees, the employer has the burden of proving that the
The state has no right to interfere in a private employment and stipulate the terms of the services to be employees did receive the wages and benefits and that the same were paid in accordance with law.
rendered; it cannot interfere with the liberty of contract with respect to labor except in the exercise of the This could have easily bolstered petitioner’s theory of mistake/error, but sadly, no evidence to that
police power. effect was presented.

Employer has the right to transfer or discharge employees Duty Free v. Tria
An employer has the perfect right to transfer, reduce or lay off personnel in order to minimize expenses G.R. No. 174809 | June 27, 2012
and to insure the stability of the business, and even to close the business.
FACTS: Petitioner Duty Free Philippines Services Inc. is a manpower agency that provides personnel to
Note: Duty Free Philippines (DFP). Respondent Manolo Tria was employed by Duty Free and was seconded to
These rights are later discussed as determining factors of whether or not there is an employer – employee DFP as a warehouse supervisor. In an audit report, it was revealed the 1,020 packs of Marlboro were not
relationship (ER-EE relationship). It is summarized by jurisprudence as the 4-fold test. included in the condemnation proceedings held on 1996, and that there were glaring discrepancies in the
related documents which indicate a malicious attempt to conceal an anomalous irregularity.
1. The power to hire and select
2. The power to pay wages After further investigation, it was discovered that the subject merchandise was illegally brought out of the
3. The power to discipline; and warehouse and it was made to appear that in all the documents prepared said goods were legally
4. The power to control condemned. Garcia, one of the respondents in the audit review implicated Tria and two others. That it was
Tria who ordered him to look for a van for the supposed direct condemnation of the subject merchandise.
Arco Metal v. Samahan
G.R. No. 170734 | May 14, 2008 Tria denied his participation in the illegal transaction. Although he admitted that he instructed Garcia to
look for a van, it was for the purpose of transferring the damaged merchandise from the main warehouse
FACTS: Arco Metal is a company engaged in the manufacture of metal products, whereas SAMAHAN is to the proper warehouse for damaged goods. Tria denied his participation n the illegal transaction.
the labor union of Arco’s rank and file employees. Sometime in December 2003, Arco paid the 13th Although he admitted that he instructed Garcia to look for a van, it was for the purpose of transferring the
month pay bonus to 3 of its union members in amounts proportional to the service they actually rendered damaged merchandise from the main warehouse to the proper warehouse for damaged goods.
in a year which was less than 12 months.
The DFP discipline committee issued a joint resolution holding Tria guilty of dishonesty and ordered his
Respondent protested the prorated scheme, claiming that on several occasions Arco did not prorate the dismissal from the service. Aggrieved, Tria filed a Complaint against Petitioner for Illegal Dismissal and
payments of the same benefits to 7 employees who had not served for the fill 12 months. According to for payment of backwages, attorney’s fees and damages. Both the LA and NLRC ruled in favor of Tria
respondent, the prorated payment violates the rule against diminution of benefits under Article 100 of the that he was illegally dismissed.
Labor Code. Thus, they filed a complaint before the National Conciliation and Mediation Board (NCMB).
ISSUE: Whether or not the dismissal was valid. – NO
Respondent argues that the full amount of the 13 month pay benefit should be given regardless of actual
service rendered. RULING: The discipline committee’s conclusions are not supported by clear and convincing evidence to
warrant the dismissal of respondent. In illegal dismissal cases, the employer is burdened to prove just
ISSUE: Whether or not the 13 month pay should be paid in full despite of actual service rendered. -YES cause for terminating the employment of its employee with clear and convincing evidence. This
principle is designed to give flesh and blood to the guaranty of security of tenure granted by the
Constitution to employees under the Labor Code.
 If Saturday was part of the regular work week and not dependent on management's decision to schedule
In this case, petitioner failed to submit clear and convincing evidence of respondent’s direct participation work, there would be no need to give additional compensation to employees who report to work on that
in the alleged fake condemnation proceedings. To be sure, unsubstantiated suspicions, accusations, and day.
conclusions of employers do not provide for legal justification for dismissing employees. In case of doubt,
such cases should be resolved in favor of labor, pursuant to the social justice policy of labor laws and the Ruling to the 2nd Issue:
Constitution. Despite the mistaken notion of Coca Cola that Saturday work is synonymous to overtime work, the Court
still disagrees with the CA ruling that the previous practice of instituting Saturday work by Coca Cola had
Coca Cola v. Iloilo ripened into a company practice.
G.R. No. 195297 | December 05, 2018
To note, it is not Saturday work per se which constitutes a benefit to the company's employees. Rather, the
FACTS: Petitioner Coca-Cola Bottlers Philippines, Inc. (Coca Cola) is a domestic corporation engaged in benefit involved in this case is the premium which the company pays its employees above and beyond the
the business of manufacturing and selling of leading non-alcoholic products and other beverages. minimum requirements set by law.
Respondent is Iloilo Coca-Cola Plant Employees Labor Union who represents the aggrieved former
employees who worked as regular route drivers and helpers. The conflict arose due to Coca Cola’s policy In order for there to be proscribed diminution of benefits that prejudiced the affected employees, Coca
involving Saturday work wherein employees were required to report for work on Saturdays to perform a Cola should have unilaterally withdrawn the 50% premium pay without abolishing Saturday work. These
host of activities usually involving maintenance of facilities. are not the facts of the case at bar. Coca Cola withdrew the Saturday work itself, pursuant, as already held,
to its management prerogative. In fact, this management prerogative highlights the fact that the scheduling
In a meeting of both parties, Coca Cola set a proposal to stop the work schedule due to decreasing of the Saturday work was actually made subject to a condition, i.e., the prerogative to provide the
revenues. Respondent on the other hand opposed and rejected the proposal which later on led to them to company's employees with Saturday work based on the existence of operational necessity.
submit to Coca Cola its written grievance stating that the discontinuance of Saturday work is contrary to
the Collective Bargaining Agreement between the parties. Respondent then brought its grievances to the The fact that it was made subject to a condition (i.e., the existence of operational necessity) negates the
National Conciliation and Mediation Board (NCMB) where it ruled in favor of Coca Cola. application of Article 100 pursuant to the established doctrine that when the grant of a benefit is made
subject to a condition and such condition prevails, the rule on non-diminution finds no application.
Coca Cola argues that based on the provisions of its CBA, it is clear that work on a Saturday is optional on
the part of management, and constitutes a legitimate management prerogative that is entitled to respect The Court cannot emphasize enough that its primary role as the vanguard of constitutional guaranties
and enforcement in the interest of simple fair play. Coca Cola likewise posits that the option to schedule charges it with the solemn duty of affording full protection to labor. It is,in fact, well-entrenched in the
work necessarily includes the prerogative not to schedule it. And, as the provisions in the CBA are deluge of our jurisprudence on labor law and social legislation that the scales of justice usually tilt
unmistakable and unambiguous, the terms therein are to be understood literary just as they appear on the in favor of the workingman. Such favoritism, however, has not blinded the Court to the rule that
face of the contract. justice is, in every case for the deserving, to be dispensed in the light of the established facts and
applicable law and doctrine.
ISSUE/S: Whether or not the Saturday work is optional or mandatory. - Optional The law does not authorize the oppression or self-destruction of the employer. Management also has its
own rights, which, as such, are entitled to respect and enforcement in the interest of simple fair play.
Whether scheduling Saturday work has ripened into a company practice, the removal of which constituted
a diminution of benefits. -NO Article 5. Rules and regulations. The Department of Labor and other government agencies charged
with the administration and enforcement of this Code or any of its parts shall promulgate the necessary
RULING: Court finds that a more logical and harmonious interpretation of the CBA provisions wherein implementing rules and regulations. Such rules and regulations shall become effective fifteen (15) days
Saturday work is optional and not mandatory keeps more with the agreement between the parties. To note, after announcement of their adoption in newspapers of general circulation.
the CBA under Article 11, Section 1(c), clearly provides that CCBPI has the option to schedule work on
Saturdays based on operational necessity. Self-Explanatory

There is no ambiguity to the provision, and no other interpretation of the word "work" other than the work Article 6. Applicability. All rights and benefits granted to workers under this Code shall, except as
itself and not the working hours. If the parties had truly intended that the option would be to change only may otherwise be provided herein, apply alike to all workers, whether agricultural or non-agricultural.
the working hours, then it would have so specified that whole term "working hours" be used, as was done
in other provisions of the CBA. DISCUSSION:
Q: Does the Labor Code apply to employees of government corporations?
For the Court, the phrase "schedule work on Saturdays based on operational necessity," by itself, is union A: It depends. If the GOCC was chartered by Congress, the Civil Service Law and not the Labor Code
recognition that there are times when exigencies of the business will arise requiring a manning applies. But if the corporation is incorporated under the Corporation Code, it is the Labor Code that
complement to suffer work for four additional hours per week. Necessarily, when no such exigencies governs.
exist, the additional hours of work need not be rendered.
Note:
As such, the provisions' tenor and plain meaning give company management the right to compel its The Labor Code may apply even if the parties are not employers and employees of each other. In other
employees to suffer work on Saturdays. This necessarily includes the prerogative not to schedule work. words, it is not correct to say that ER-EE relationship is a precondition to the applicability of the Code.
Whether or not work will be scheduled on a given Saturday is made to depend on operational necessity.
The CBA therefore gives CCBPI the management prerogative to provide its employees with Saturday When one speaks of employment benefits, then surely employment relationship is an essential element.
work depending on the exigencies of the business. But when the issue, for instance, is an indirect employer’s liability, or
 Article 12. Statement of objectives. It is the policy of the State: "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
(a) To promote and maintain a state of full employment through improved manpower training, workers or employers.
allocation and utilization;
(b) To protect every citizen desiring to work locally or overseas by securing for him the best "Authority" means a document issued by the Department of Labor authorizing a person or
possible terms and conditions of employment; association to engage in recruitment and placement activities as a private recruitment entity.
(c) To facilitate a free choice of available employment by persons seeking work in conformity
with the national interest; "Seaman" means any person employed in a vessel engaged in maritime navigation.
(d) To facilitate and regulate the movement of workers in conformity with the national interest; "Overseas employment" means employment of a worker outside the Philippines.
(e) To regulate the employment of aliens, including the establishment of a registration and/or
work permit system; "Emigrant" means any person, worker or otherwise, who emigrates to a foreign country by virtue of
(f) To strengthen the network of public employment offices and rationalize the participation of an immigrant visa or resident permit or its equivalent in the country of destination.
the private sector in the recruitment and placement of workers, locally and overseas, to
serve national development objectives; DISCUSSION:
(g) To insure careful selection of Filipino workers for overseas employment in order to protect Q: What constitutes Recruitment and Placement?
the good name of the Philippines abroad. A: The definition of Recruitment and placement in Article 13(b) is interpreted by the Court through
jurisprudence.
DISCUSSION:
This opening article, appropriately enough, addresses itself to employment related objectives, because, in As provided in the case of People v. Panis, the Supreme Court held that the proviso was intended neither
reality, the country’s unemployment problem is distressing. The labor force grows by more than 300,000 to impose a condition on the basic rule nor to provide an exception thereto but merely to create a
every year, but only about half of this number finds employment. presumption. The presumption is that the individual or entity is engaged in recruitment and placement
whenever he or it is dealing with two or more persons to whom, in consideration of a fee, an offer or
Q: Who is the lead agency in the field of labor? promise of employment is made in the course of the “canvassing, enlisting, contracting, transporting,
A: The employment problem is admittedly multi-faceted and its solution is the concern not only of one or utilizing, hiring or procuring (of) workers.”
two government departments but of the entire governmental system. It is even the concern of the private
sector and the civil society. But since there has to be a lead agency, the Administrative Code of 1987 The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of
(Executive Order No. 292) names the Department of Labor and Employment as “the primary policy- workers. Any of the acts mentioned in the basic rule in Article 13(b) will constitute recruitment and
making, programming, coordinating, and administrative entity of the Executive Branch of the government placement even if only one prospective worker is involved. The proviso merely lays down a rule of
in the field of labor and employment.” evidence that where a fee is collected in consideration of a promise or offer of employment to two or more
prospective workers, the individual or entity dealing with them shall be deemed to be engaged in the act of
recruitment and placement.

The Administrative Code mandates DOLE to assume “primary responsibility” for: People v. Hernandez
(a) The promotion of gainful employment opportunities and the optimization of the development G.R. Nos. 141221-36 | March 07, 2002
and utilization of the country’s manpower resources;
(b) The advancement of worker’s welfare by providing for just and humane working conditions FACTS: Francisco Hernandez along with the Spouses Reichl were found guilty of 5 counts of estafa and
and terms of employment; 1 count of syndicated and large scale illegal recruitment for promising to secure tourist visas to private
(c) The maintenance of industrial peace by promoting harmonious, equitable and stable complainants despite not being licensed nor authorized by the POEA to recruit workers for overseas
employment relations that assure protection for the rights of all concerned parties. employment and for failing to return all the expenses incurred by the private complainants with regard to
the dealings they made with the defendants.
Article 13. Definitions.
In his testimony before the trial court, Karl Reichl denied any knowledge about Francisco Hernandez's
"Worker" means any member of the labor force, whether employed or unemployed. recruitment activities. He said that Francisco Hernandez merely told him that he wanted to help his
relatives go to Europe. He further denied that he promised private complainants that he would give them
**"Recruitment and placement" refers to any act of canvassing, enlisting, contracting, transporting, overseas employment. Yolanda Gutierrez de Reichl corroborated the testimony of her husband and denied
utilizing, hiring or procuring workers, and includes referrals, contract services, promising or the charges against her.
advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or In their appeal, accused-appellants argue that the Trial Court erred in its decision finding them guilty of
entity which, in any manner, offers or promises for a fee, employment to two or more persons shall be the charges of estafa and illegal recruitment.
deemed engaged in recruitment and placement.
ISSUE: Whether or not the defendants are guilty of illegal recruitment. -YES
"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 RULING: Article 38 of the Labor Code defines illegal recruitment as "any recruitment activities,
or both. including the prohibited practices enumerated under Article 34 of (the Labor Code), to be undertaken by
non licensees or non-holders of authority."
"License" means a document issued by the Department of Labor authorizing a person or entity to
operate a private employment agency. The term "recruitment and placement" refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, including 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.

In the case at bar, the prosecution was able to prove beyond reasonable doubt that accused-appellants
engaged in activities that fall within the definition of recruitment and placement under the Labor Code.
The evidence on record shows that they promised overseas employment to private complainants and
required them to prepare the necessary documents and to pay the placement fee, although they did not
have any license to do so. There is illegal recruitment when one who does not possess the necessary
authority or license gives the impression of having the ability to send a worker abroad.
People v. Hadja Jarma Lalli
The minor lapses in the testimony of these witnesses pointed out by accused-appellants in their brief do G.R. No. 195419 | October 12, 2011
not impair their credibility, especially since they corroborate each other on the material points, i.e., that
they met with the three accused several times, that the three accused promised to give them overseas FACTS: This is a consolidated criminal case filed against hereon respondents who are charged with the
employment, and that they paid the corresponding placement fee but were not able to leave the country. crimes of Illegal Recruitment and Trafficking of persons for sending private complainant Lolita Plando
from Zamboanga City along with other women to Malaysia to work as prostitutes despite the belief that
they would merely be restaurant entertainers.
Discussion on Illegal Recruitment as an offense:
The law imposes a higher penalty when the illegal recruitment is committed by a syndicate or in large Lalli admitted that she met Lolita on board the M/V Mary Joy on its way to Malaysia however, she
scale as they are considered an offense involving economic sabotage. Illegal recruitment is deemed alleged that the meeting was purely coincidental and denied ever having recruited Lolita for employment
committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or abroad.
confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme. It
is deemed committed in large scale if committed against three (3) or more persons individually or as a On the part of Ronnie Aringoy, he alleged that it was actually Lolita who approached him to borrow
group. money in order for her to work in Malaysia as a Guest Relations Officer (GRO), and merely introduced
Lalli as a means to ask pertinent information on job opportunities in Malaysia. Both the RTC and the CA
As to the charge of Illegal recruitment committed in large scale, the Supreme Court held that each found Hadja and Ronnie guilty of the charges against them.
information was filed by only one complainant. We agree with accused-appellants that they could not be
convicted for illegal recruitment committed in large scale based on several informations filed by only one In their appeal, accused-appellants argue that the RTC and CA erred in its decision finding them guilty
complainant. beyond reasonable doubt of the crimes of Illegal Recruitment and Trafficking of Persons.

As provided in the case of People v. Reyes. When the Labor Code speaks of illegal recruitment ISSUE: Whether or not accused-appellants are guilty of the charges against them. -YES
‘committed against three (3) or more persons individually or as a group,’ it must be understood as
referring to the number of complainants in each case who are complainants therein, otherwise, RULING: As to Illegal Recruitment Section 6 of Republic Act No. 8042 (RA 8042) defines illegal
prosecutions for single crimes of illegal recruitment can be cummulated to make out a case of large scale recruitment as “any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or
illegal recruitment. procuring workers and includes referring, contact services, promising or advertising for
employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of
This, however, does not serve to lower the penalty imposed upon accused-appellants. The charge was not authority” contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise
only for illegal recruitment committed in large scale but also for illegal recruitment committed by a known as the Labor Code of the Philippines.
syndicate. 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 Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the
transaction, enterprise or scheme defined under the first paragraph of Article 38 of the Labor Code. Philippines, defines "authority" as follows: "Authority" means a document issued by the Department of
Labor authorizing a person or association to engage in recruitment and placement activities as a private
It has been shown that Karl Reichl, Yolanda Reichl and Francisco Hernandez conspired with each other in recruitment entity.
convincing private complainants to apply for an overseas job and giving them the guaranty that they
would be hired as domestic helpers in Italy although they were not licensed to do so. Thus, we hold that It is clear that a person or entity engaged in recruitment and placement activities without the requisite
accused-appellants should be held liable for illegal recruitment committed by a syndicate which is also authority from the Department of Labor and Employment (DOLE), whether for profit or not, is engaged in
punishable by life imprisonment illegal recruitment.

In People v. Gallo, the Court enumerated the elements of syndicated illegal recruitment, to wit:
(1) The offender undertakes either any activity within the meaning of "recruitment and placement"
defined under Article 13(b), or any of the prohibited practices enumerated under Art. 34 of the
Labor Code;

(2) He has no valid license or authority required by law to enable one to lawfully engage in
recruitment and placement of workers; and
 (3) The illegal recruitment is committed by a group of three (3) or more persons conspiring or
confederating with one another.

Article 13(b) of the Labor Code of the Philippines defines recruitment and placement as "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."

Clearly, given the broad definition of recruitment and placement, even the mere act of referring
someone for placement abroad can be considered recruitment. Such act of referral, in connivance
with someone without the requisite authority or POEA license, constitutes illegal recruitment. In its
simplest terms, illegal recruitment is committed by persons who, without authority from the government,
give the impression that they have the power to send workers abroad for employment purposes.

In this case, the trial court, as affirmed by the appellate court, found Lalli, Aringoy and Relampagos to
have conspired and confederated with one another to recruit and place Lolita for work in Malaysia,
without a POEA license. The three elements of syndicated illegal recruitment are present in this case, in
particular: (1) the accused have no valid license or authority required by law to enable them to lawfully
engage in the recruitment and placement of workers; (2) the accused engaged in this activity of
recruitment and placement by actually recruiting, deploying and transporting Lolita to Malaysia; and (3)
illegal recruitment was committed by three persons (Aringoy, Lalli and Relampagos), conspiring and
confederating with one another.
Aringoy claims and admits that he only referred Lolita to Lalli for job opportunities to Malaysia. Such act
of referring, whether for profit or not, in connivance with someone without a POEA license, is already
considered illegal recruitment, given the broad definition of recruitment and placement in the Labor Code.
 Article 14. Employment promotion. The Secretary of Labor shall have the power and authority: To promote the overseas employment of Filipino workers through a comprehensive market promotion
and development program;
To organize and establish new employment offices in addition to the existing employment offices
under the Department of Labor as the need arises; To secure the best possible terms and conditions of employment of Filipino contract workers on a
government-to-government basis and to ensure compliance therewith;
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 To recruit and place workers for overseas employment on a government-to-government arrangement
well as job opportunities abroad; and in such other sectors as policy may dictate; and

To develop and organize a program that will facilitate occupational, industrial and geographical To act as secretariat for the Board of Trustees of the Welfare and Training Fund for Overseas Workers.
mobility of labor and provide assistance in the relocation of workers from one area to another; and
Legislative Background of Overseas Employment:
To require any person, establishment, organization or institution to submit such employment 1. Act No. 2486 was the first law passed by the Philippine Legislature in 1915 related to overseas
information as may be prescribed by the Secretary of Labor. employment. This law provided for:

DISCUSSION: a. License Issuance and License Fee

To pursue its responsibility to promote employment opportunities, the DOLE carries out programs for b. Welfare regulations such as prohibiting minors under 15 years to work abroad
local and overseas employment. Effective allocation of manpower resources in local employment is without the parents consent.
assigned to the BLE (Bureau of Local Employment) and to POEA (Philippine Overseas Employment c. Prohibiting recruitment of non-Christians for exhibition or display.
Administration) for overseas employment. d. Provision of transportation for returning workers who are physically unfit or have
finished serving the contract.
Article 16. 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. 2. P.D. No. 442 (the Labor Code) paved the way for a stricter government regulation of the
overseas employment industry. The Overseas Employment Development Board (OEDB) and
DISCUSSION: the National Seamen Board (NSB) were created to implement a more systematic deployment
of land-based and sea-based workers to other countries. P.D. No. 442 initially aimed at giving
Although this Article says that only public employment offices shall engage in recruitment and placement
the government complete control of the overseas employment program.
of workers, Article 25 provides a broad exception as it states that “the private employment sector shall
participate in the recruitment and placement of workers, locally and overseas.”
3. P.D. No. 1412, to cope with the great demand for workers in the Middle East, the government
had to revive private sector participation in the recruitment and placement of Filipino workers.
Article 25. Private sector participation in the recruitment and placement of workers. Pursuant to
The government’s recruitment role was thus limited to government-to-government
national development objectives and in order to harness and maximize the use of private sector
arrangements.
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,
4. E.O. No. 797 was passed in 1982 aimed at streamlining operations in the overseas employment
locally and overseas, under such guidelines, rules and regulations as may be issued by the Secretary of
program. The OEDB, NSB, and the overseas employment program of the Bureau of
Labor.
Employment Services were united in a single structure, the Philippine Overseas Employment
Administration (POEA).
And while Article 18 generally prohibits direct hiring for overseas employment, it also recognizes a
number of exceptions. Summing up, based on the Rules Implementing the Code, the following entities are
5. E.O. No. 247, also known as the Reorganization Act of POEA, was passed in 1987 (after the
authorized to recruit and place workers for local or overseas employment:
EDSA revolt) in response to the government’s call for a more efficient delivery of public
service. One of the more important provisions of this Order is the strengthening of the worker’s
(a) Public employment offices
protection and welfare and a tighter regulation of the private sector’s recruitment activities.
(b) Private recruitment entities
6. R.A. No. 8042, approved on June 7, 1995, took effect on July 15, 1995 is known as the
(c) Private employment agencies
“Migrant Workers and Overseas Filipinos Act of 1995.” This law institutes the policies on
(d) Shipping or manning agents or representatives
overseas employment and establishes a higher standard of protection and promotion of the
(e) The POEA
welfare of migrant workers, their families, and of overseas Filipinos in distress.
(f) Construction contractors if authorized to operate by DOLE and the Construction Industry
Authority
7. R.A. No. 10022, which lapsed into law on March 8, 2010, further improves the standard of
(g) Members of the diplomatic corps although hirings done by them have to be processed through
protection and promotion of welfare provided under R.A. No. 8042
the POEA
(h) Other persons or entities as may be authorized by the DOLE secretary
Two (2) types of OFW’s:
1. Land-based
Article 17. Overseas Employment Development Board. An Overseas Employment Development 2. Sea-based
Board is hereby created to undertake, in cooperation with relevant entities and agencies, a systematic
program for overseas employment of Filipino workers in excess of domestic needs and to protect their Officially, OFW’s are classified by DOLE as either land-based or seabased. Sea-Based OFW’s (or
rights to fair and equitable employment practices. It shall have the power and duty: seamen) are those employed in a vessel engaged in maritime navigation. Sea-based work pertains to ship
operations like navigation, engineering, maintenance, including a variety of occupations from kitchen staff
to on-board entertainment in large vessel ships.

Land-Based OFW’s are contract workers other than a seaman including workers engaged in offshore
activities whose occupation requires that majority of his working/ gainful hours are spent on land.
Occupations in the land-based categories are broader, covering all the skill areas one can think of from
house cleaners to entertainers to managers. The land-based group constitutes the great majority of OFWs.

Q: What is the relevance of the effectivity date of R.A. 8042?

A: Before R.A. 8042, jurisdiction over monetary claims was given to the POEA. After its effectivity,
monetary claims are now under the jurisdiction of the Labor Arbiter.
 THE POEA
Philippine Overseas Employment Administration has taken over the functions of OEDB and the NSB. Now, The allocation of jurisdiction enumerated above has been significantly modified by R.A. No. 8042
Created by E.O. No. 797. (“Migrant Workers and Overseas Filipinos Act of 1995”). This law has transferred to the NLRC the
jurisdiction over employer-employee relations cases, and monetary claims to the Labor Arbiter.
The principal functions of the POEA include the formulation, implementation, and monitoring of policies
and programs on overseas employment of Filipino workers. POEA is the protector of overseas workers’ Note:
rights to fair and equitable employment practices. An additional function of POEA is the deployment of POEA retains the power to regulate the private sector participation in the recruitment and overseas
Filipino workers through government-to-government hiring. POEA has extended its services nationally placement of workers through its licensing and registration system.
through its regional extension units to process vacationing workers, register sea-based workers, and
participate in government hiring through manpower pooling. The POEA has also retained its jurisdiction over disciplinary action cases. The POEA may motu proprio
undertake disciplinary action against a worker for breach of discipline. It shall establish a system of
POEA performs administrative, regulatory and enforcement, as well as limited adjudicatory functions. watching and blacklisting of overseas contract workers.

Q: What cases did the POEA have before with regard to its adjudicatory functions? Q: What type of monetary claim is still under the jurisdiction of the POEA?
A: Before the passage of R.A. No. 8042 in 1995, POEA had original and exclusive jurisdiction to hear and A: Refund of fees collected from the seafarer.
decide the following kinds of cases:
Q: POEA decisions are appealable to whom?
1. Recruitment Violation and Related cases consisting of all preemployment cases which are A: POEA decisions on cases within its jurisdiction are appealable not to the NLRC nor directly to the
administrative in character, involving or arising out of recruitment laws, rules and regulations, Court of Appeals but to the Secretary of Labor.
including money claims therefrom or violations of the conditions for issuance of license to
recruit workers. As specifically provided in the POEA Rules and Regulations of 2003: “The Secretary shall have the
exclusive and original jurisdiction to act on appeals or petition for review of disciplinary action cases
2. Employer-Employee Relations cases consisting of all claims arising out of an employer- decided by the Administration [POEA].” The Secretary’s appellate jurisdiction is part of its power of
employee relationship or by virtue of any law or contract involving Filipino workers in supervision and control recognized in the Revised Administrative Code of 1987.
overseas employment.
3. Disciplinary Action cases consisting of all complaints against a contract worker for breach of
discipline.
 LAND BASED OFW’S SEA-BASED OFW’s

Jurisdiction

SECTION 138. Jurisdiction. — The Administration shall exercise original and exclusive jurisdiction to SECTION 118. Jurisdiction. — The Administration shall exercise original and exclusive jurisdiction to
hear and decide all cases which are administrative in character, involving or arising out of violations of hear and decide all cases which are administrative in character, involving or arising out of violations of
recruitment rules and regulations, including refund of fees collected from Overseas Filipino Workers and any recruitment rules and regulations, including refund of fees collected from the seafarer and violations of the
violation of the conditions for the issuance of the license to recruit Overseas Filipino Workers. conditions for the issuance of the license to recruit the seafarer.

The Administration shall likewise exercise original and exclusive jurisdiction to hear and decide disciplinary The Administration shall likewise exercise original and exclusive jurisdiction to hear and decide disciplinary
action cases against Overseas Filipino Workers and principals/employers that are administrative in character, action cases against the seafarer and the principal/employer that are administrative in character, excluding
excluding money claims. money claims.

Grounds for Disciplinary Action Against Principal/Employer

Serious Offenses: Serious Offenses:

1. Unauthorized/unjustified collection of fee or illegal exaction from an Overseas Filipino Worker 1. Gross violation of laws, rules and regulations on overseas employment.
through whatever means, including salary deduction.
2. Gross negligence leading to serious injury or illness or death of the worker.
2. Passing on to the worker or deducting from the Overseas Filipino Worker’s salary the payment of
the cost of the premiums, as provided under the compulsory worker’s insurance coverage. 3. Grave misconduct against the seafarer.

3. Gross negligence leading to serious injury or illness or disability or death of the Overseas Filipino 4. Conviction for an offense involving moral turpitude.
Worker.
5. Compelling a seafarer to work for another employer or perform another work.
4. Grave misconduct against the Overseas Filipino Worker.
6. Passing on or deducting from a seafarer’s salary the payment of the cost of insurance fees,
5. Conviction of an offense against the Overseas Filipino Worker. premium, or other insurance related charges as provided under the compulsory insurance
coverage.
6. Compelling an Overseas Filipino Worker to work for another principal/employer or in another
jobsite/worksite or perform work different from what is provided in the contract.
Less Serious Offenses:
7. Unreasonable/unjustifiable delay and refusal in securing an exit visa for an Overseas Filipino
Worker who needs to be repatriated. 1. Default on other contractual obligations to the Overseas Filipino Worker.

8. Non-payment or underpayment of wages and benefits. 2. Withholding or denying of the worker’s travel and other pertinent documents.

9. Substitution or alteration of the POEA-approved contract to the prejudice of the Overseas Filipino 3. Non-acceptance of the results of valid health examinations conducted by a DOH-accredited or
Worker. DOH-operated clinic.
4. Failure to monitor and report the status, condition, or significant events relating to its hired
10. Violation of the Anti-Human Trafficking Law. worker.

Less Serious Offenses: 5. Negligence leading to injury or illness of the worker.

1. Default on other contractual obligations to the Overseas Filipino Worker. 6. Simple misconduct against the worker.

2. Withholding or denying of the worker’s travel and other pertinent documents.

3. Non-acceptance of the results of valid health examinations conducted by a DOH-accredited or

DOH-operated clinic.
 4. Failure to monitor and report the status, condition, or significant events relating to its hired
worker.

5. Negligence leading to injury or illness of the worker.

6. Simple misconduct against the worker.

Grounds for Disciplinary Action against the Land-based OFW/Seafarer

Pre-employment Offenses: (Serious Offense) Pre-employment Offenses:

1. Submitting, furnishing or using false information or documents or any form of misrepresentation 1. Submitting, furnishing or using false information or documents or any form of misrepresentation
for the purpose of job application or employment. for the purpose of job application or employment.

2. Unjustified refusal to continue his/her application after signing an employment contract, or to 2. Unjustified refusal to join ship after all employment and travel documents have been duly
depart for the worksite after all employment and travel documents have been duly approved by approved by the appropriate government agencies.
the appropriate government agencies.
During Employment:
During Employment: (Serious Offense)
1. Smuggling or violation of any customs rules and regulations of the Philippines and of foreign
1. Commission of a felony, or crime punishable by the laws of the Philippines or by the host ports.
country, committed during employment. a. Smuggling any taxable item.
b. Possession or use of prohibited drugs, narcotics and other contraband.
2. Assaulting a fellow worker, the principal/employer or any member of his/her family, or any of the c. Gun-running or possession of explosives and the like.
directors, officers, managerial or supervisorial staff of the principal/employer. d. Abetting or conniving with others to commit smuggling.
e. Misdeclaration of or failing to declare articles leading to their seizure and fine to the
3. Grave abuse of authority by an officer exercising supervision over other employees. ship.
f. Misdeclaration of or failing to declare articles leading to their seizure but the ship is
4. Possession or use of prohibited drugs, contraband, alcohol or pornographic materials in violation not implicated.
of company policy or laws of the host country. g. Possession of pornographic materials leading to their confiscation and fine to the ship.
h. Any other violation which does or does not implicate the ship.
5. Unjustified refusal to be repatriated in case of mandatory repatriation in accordance with the
declaration of the Philippine government. 2. Desertion
a. Deserting or attempting to desert.
b. Advising, assisting or persuading another to desert.

Less Serious Offenses: 3. Abandoning or leaving one’s post or duty without being properly relieved.
1. Unjustified breach of employment contract.
4. Leaving the ship without permission from responsible officers during or outside working hours.
2. Embezzlement of company funds or monies and/or properties of a fellow worker entrusted for
delivery to kin or relatives in the Philippines.
3. Violation of the religious and cultural practices of the host country. 5. Entrusting to others assigned duties without authority of department head.

4. Violation of company policies and regulations. 6. Sleeping on post while on duty.

5. Insubordination or refusal to obey a lawful order of the employer or the duly authorized 7. Insubordination
representative. a. Any act of disobedience to lawful orders of a superior officer.
b. Attempting to assault a superior officer.
6. Failure to refund the cost of his/her repatriation advanced by the principal or recruitment agency, c. Assaulting a superior officer/other persons on business with the ship without the use
where termination of employment was due to his/her own fault as determined by final judgment. of deadly weapon.
d. Assaulting a superior officer/other persons on business with the ship with the use of
7. Violation of the Code of Discipline for Overseas Filipino Workers. deadly weapon.
e. Behaving with disrespect towards a superior officer.
f. Insulting a superior officer by words or deed.
g. Inciting another to commit insubordination.
8. Drunkenness
a. Drunk while on duty.
b. Creating trouble on board due to intoxication.
c. Failure to perform assigned jobs due to intoxication.

9. Creating trouble outside the ship’s premises that would unjustly implicate the ship.

10. Gambling
a. That results in fighting or any incident as to upset the harmonious relationship on
board the ship.
b. Any other form of gambling which is not purely recreational.

11. Violation of company policies and regulations for:

a. Pilferage or theft of ship’s store or cargo.
b. Pilferage or theft of ship’s property, of crew or passengers or other persons with
business at the ship.
c. Embezzlement of company funds.
d. Unauthorized disposal of company ship’s properties for personal gain.
e. Any act of dishonesty with intention to defraud the company.
f. Gross negligence and failure to observe proper storage and cargo handling procedures
resulting in delay of ships and/or damage to cargo.
g. Failure to observe and comply with the regulation on non-baggage shipment and
acceptance of parcels on board.
h. Failure to observe regulations on expiration of shore liberty.
i. Being left behind by the ship in a foreign port without justifiable reason.
j. Disorderly conduct and/or disrespect towards passengers or other persons.
k. Immorality so as to cast aspersion on the good name of the ship and the company.
l. Inflicting harm or injury to others.

12. Incompetence and inefficiency of a seafarer.

13. Inciting mutiny or malicious destruction of ship’s property or any activity which will hamper the
efficient operation of the ship.

14. Concerted action to breach approved contracts.

15. Any activity which tends to destroy the harmonious relationship of the company.

16. Grave abuse of authority.

17. For gross misbehavior prejudicial to good order and discipline.

18. Gross negligence resulting in damage, loss, spoilage or deterioration of the ship’s stocks and
property.

19. Connivance with or coddling of a stowaway.

20. Willfully making a false statement, report, certification or document for personal gain or with
intent to mislead or defraud the company or the authorities.

21. Any other case as to cast aspersion on the good name of the company and the ship.

22. Violation to observe safety and environmental rules/ regulations.

23. Failure to observe the drug and alcohol policy of the company.
 24. Embezzlement of monies and/or properties of a fellow worker entrusted for delivery to kin or
relatives in the Philippines.

25. Failure to refund the cost of his/her repatriation advanced by the principal/employer or licensed
manning agency where termination of employment was due to his/her own fault as determined by
a Labor Arbiter.
26. Violation of the Code of Discipline for Seafarers.

Responsibility of the State to OFW’s

Assistance

SECTION 207.Responsibility to Overseas Filipino Workers. — The Administration shall ensure that SECTION 191. Responsibility to Seafarer. — The Administration shall ensure that the seafarer is amply
Overseas Filipino Workers are amply protected, and that their interests, well-being and welfare are protected, and that his/her interest, well-being and welfare is promoted. Licensed manning agencies shall be
promoted. Licensed recruitment agencies shall be responsible for the faithful compliance by their responsible for the faithful compliance by their principal/employer of all obligations under the employment
principals/employers of all obligations under the employment contract. contract.

SECTION 208. Request for Assistance. — The Administration may take cognizance of any request for SECTION 192. Request for Assistance. — The Administration may take cognizance of any request for
assistance from the Overseas Filipino Worker or his/her family on matters relating to overseas employment, assistance from the seafarer or his/her family on matters relating to overseas employment, or may refer them
or may refer them to the proper government agencies or the licensed recruitment agencies concerned, for to the proper government agencies or the licensed manning agencies concerned, for appropriate action.
appropriate action.

SECTION 209. Monitoring of Deployed Workers and Submission of Reports. — The licensed SECTION 193. Monitoring of Deployed Seafarer and Submission of Reports. — The licensed manning
recruitment agency shall monitor the status or condition of its deployed Overseas Filipino Workers and agency shall monitor the status or condition of its deployed seafarer and submit a corresponding quarterly
submit a corresponding quarterly report to the Administration. It shall likewise immediately act on report to the Administration. It shall likewise immediately act on complaints or problems brought to its
complaints or problems brought to its attention and submit corresponding reports to the Administration. attention and submit corresponding reports to the Administration.

In case of significant incidents regarding the status and condition of Overseas Filipino Workers, the licensed In case of significant incidents regarding the status and condition of seafarer, the licensed manning agency
recruitment agency shall submit a report regarding the same to the welfare and employment office of the shall submit a report regarding the same to the Welfare and Employment Office of the Administration within
Administration within five (5) working days from the occurrence of the incident. five (5) working days from the occurrence of the incident.

After thirty (30) days from the effectivity of these Rules, the licensed recruitment agencies that deployed at
least one hundred (100) domestic workers shall employ at least one (1) welfare officer/counselor in its office
to monitor and resolve domestic worker problems/complaints at the job site.

SECTION 210.Reporting of Erring Employer/Principal. -- The licensed recruitment agency shall report SECTION 194. Reporting of Erring Principal/Employer. — The licensed manning agency shall report to
to the Administration any information that comes to the knowledge of the agency, with respect to any the Administration any information that comes to the knowledge of the agency, with respect to any violation
violation of these Rules by their principal/employer. The matter shall be referred to the Adjudication Office of these Rules by their principal/employer. The matter shall be referred to the Adjudication Office or LRO
or LRO for appropriate action. for appropriate action.

SECTION 212. Welfare Programs and Activities. — The Administration shall support and coordinate SECTION 196. Welfare Programs and Activities. — The Administration shall support and coordinate
with other institutions on projects and activities that will enhance the welfare and promote the interest of with other institutions on projects and activities that will enhance the welfare and promote the interests of
Overseas Filipino Workers and their families, including those that will facilitate the psychosocial and seafarers and their families, including those that will facilitate the psychosocial and economic reintegration
economic reintegration of Overseas Filipino Workers who have decided to return home permanently. of a seafarer who has decided to return home permanently.

Repatriation

SECTION 213.Primary Responsibility to Repatriate Overseas Filipino Workers. — Notwithstanding SECTION 197. Primary Responsibility to Repatriate the Seafarer. — Notwithstanding the provisions on
the provisions on compulsory insurance coverage as required by law, the repatriation of an Overseas Filipino compulsory insurance coverage as required by law, the repatriation of a seafarer or his/her remains, and the
Worker or his/her remains, and the transport of his/her personal effects shall be the primary responsibility of transport of his/her personal effects shall be the primary responsibility of the principal/employer and licensed
the principal/employer and licensed recruitment agency that recruited and/or deployed him. This entails the manning agency that recruited and/or deployed him. This entails the obligation to cover repatriation and
obligation to cover repatriation and attendant costs, including airfare and immigration fines/penalties. This attendant costs, including airfare and immigration fines/penalties. This obligation shall be without prior
obligation shall be without prior determination of the cause of the need to repatriate the Overseas Filipino determination of the cause of the need to repatriate the seafarer. After the seafarer has returned to the
Worker. After the Overseas Filipino Worker has returned to the country, the principal/employer or licensed country, the principal/employer or licensed manning agency may, however, recover the cost of repatriation
recruitment agency may, however, recover the cost of repatriation from the Overseas Filipino Worker if the from the seafarer if the termination of the employment was due solely to the seafarer’s fault.
termination of the employment was due solely to the Overseas Filipino Worker’s fault

War Risk

SECTION 218. Declaration of War Risk Areas. — In order to protect Overseas Filipino Workers from the SECTION 202. Declaration of High Risk Zones and War Risk Areas. — In order to protect seafarers in
hazards of war or deteriorating political and security situations, the POEA Governing Board shall, pursuant high risk zones and from the hazards of war or war-like operations, the Administration shall, pursuant to
to prior declaration by the DFA, declare specific areas as war risk areas. prior declaration by the competent authorities, declare specific areas, territorial waters or portions of the high
seas as high risk zones or war risk areas.

SECTION 219. Mandatory War Risk Insurance for Overseas Filipino Workers. — In addition to the SECTION 203. Premium Pay and Additional Insurance Coverage. — Seafarers sailing through areas
compulsory insurance coverage as required in these Rules, all Overseas Filipino Workers bound for areas declared by the Administration as high risk zones or war-risk areas shall be entitled to premium pay or its
declared as war risk areas shall be provided with war risk insurance coverage in such amount as may be equivalent and war risk insurance coverage, the form of which shall be
determined by the POEA Governing Board. This war risk insurance shall be provided by the determined by the Administration
principal/employer at no cost to the Overseas Filipino Worker.

Comprehensive and Integrated Public Education Program

SECTION 224. Orientation of Principal/Employers and Overseas Filipino Workers On-Site. — The SECTION 208. Orientation of Principal/Employer. — The Administration in coordination with the
Administration in coordination with the POLO or concerned entities shall provide effective orientation to POLO or concerned entities shall provide effective orientation to the principal/employer on the
principals/employers on the requirements, standards, laws and regulations in the recruitment and requirements, standards, laws and regulations in the recruitment and employment of Filipino seafarers
employment of Filipino workers. The POLO, in coordination with the principals/employers, shall conduct a
PAOS for Overseas Filipino Workers. The orientation of principals/employers and the PAOS may be
conducted through an online system established by the POLO. The licensed recruitment agencies shall
undertake that their FPAs shall effectively orient the employer and the worker on their rights, duties and
responsibilities stipulated in the employment contract.
 Asian Center v. NLRC & Ibno Mediales Kathleen’s husband was Vitaliano Saco was Chief Officer of the M/V Eastern Polaris when he was killed
G.R. No. 131656 | October 12, 1998 in an accident in Tokyo, Japan, on March 15, 1985. This resulted Kathleen to sue for damages against the
Eastern Shipping under E.O. 797 and Memorandum Circulare No. 2 of the POEA.
FACTS: Herein private respondent Ibno Mediales applied with Asian Center for a vacation leave with
pay after working for or than a year. His application was granted. However, while en route to the ISSUE: Whether or not Vitaliano Saco was and overseas worker. -Yes
Philippines, his co workers informed him that he has been dismissed from service. This resulted to Ibno to
file a complaint with the Labor Arbiter for illegal dismissal, non-payment of overtime pay, refund of RULING: We see no reason to disturb the factual finding of the POEA that Vitaliano Saco was an
transportation fare, illegal deductions, non-payment of the 13th month pay and salary for the unexpired overseas employee of the petitioner at the time he met with the fatal accident in Japan in 1985.
portion of his employment contract.
Under the 1985 Rules and Regulations on Overseas Employment, overseas is defined as "employment of a
The LA decided in favor of Ibno and found Asian Center to be guilty of Illegal Dismissal and ordered worker outside the Philippines, including employment on board vessels plying international waters,
them to pay Ibno the amount of 13,200 Saudi Riyals. On appeal by Asian Center, the NLRC affirmed the covered by valid contract." A contract worker is described as "any person working or who has worked
factual findings of the labor arbiter but modified the appealed decision by deleting the order of refund of overseas under a valid employment contract and shall include seamen" or "any person working overseas
excessive placement fee for lack of jurisdiction. It ruled that R.A. 8042 does not apply as respondent’s or who has been employed by another which may be a local employer, foreign employer, principal or
employment which started in February 1995 occurred prior to its effectivity on July 15, 1995. partner under a valid employment contract and shall include seamen." These definitions clearly apply to
Vitaliano Saco for it is not disputed that he died while under a contract of employment with Eastern
Asian Center impugns the monetary awards granted by the NLRC to private respondent. It submits that Shipping and alongside its vessel, the M/V Eastern Polaris, while berthed in a foreign country.
although the unexpired portion of private respondent’s employment contract is eight (8) months, it is
liable to pay respondent only three (3) months of his basic salary, pursuant to Section 10 of R.A. 8042, or It is worth observing that the Eastern Shipping performed at least two acts which constitute implied or
SR1,200 (monthly salary) multiplied by 3 months, for a total of SR3,600. tacit recognition of the nature of Saco's employment at the time of his death in 1985. The first is its
submission of its shipping articles to the POEA for processing, formalization and approval in the exercise
ISSUE: Whether or not R.A. 8042 is the proper law to be applied for the computation. -Yes of its regulatory power over overseas employment under Executive Order No. 797. The second is its
payment of the contributions mandated by law and regulations to the Welfare Fund for Overseas Workers,
RULING: As a rule, jurisdiction is determined by the law at the time of the commencement of the action. which was created by P.D. No. 1694 "for the purpose of providing social and welfare services to Filipino
In the case at bar, private respondent’s cause of action did not accrue on the date of his date of his overseas workers.
employment or on February 28, 1995. His cause of action arose only from the-time he was illegally
dismissed by petitioner from service in June 1996, after his vacation leave expired.

It is thus clear that R.A. 8042 which took effect a year earlier in July 1995 applies to the case at bar. Under
Section 10 of R.A. 8042, a worker dismissed from overseas employment without just, valid or authorized
cause is entitled to his salary for the unexpired portion of his employment contract or for three (3) months
for every year of the unexpired term, whichever is less. In the case at bar, the unexpired portion of private
respondent’s employment contract is eight (8) months. Private respondent should therefore be paid his
basic salary corresponding to three (3) months or a total of SR3,600.

Eastern Maritime & Agemar v. Estanislao Surio et. al.

G.R. No. 154213 | August 23, 2012

FACTS: Respondents were former crewmembers of MT Seadance, a vessel owned by petitioner Eastern
Mediterranean Maritime manned and operated by petitioner Agemar Manning Agency. While respondents
were still on board the vessel, they experienced delays in the payment of their wages and in the remittance
of allotments, and were not paid for extra work and extra overtime work. They complained about the
vessel’s inadequate equipment, and about the failure of the petitioners to heed their repeated requests for
Eastern Shipping Lines v. POEA & Kathleen Saco the improvement of their working conditions.
G.R. No. 76633 | October 18, 1988
FACTS: Private respondent Kathleen Saco in this case was awarded the sum of P192,000.00 by the Subsequently, on December 23, 1993, the petitioners filed against the newly-repatriated respondents a
Philippine Overseas Employment Administration (POEA) for the death of her husband. The decision is complaint for disciplinary action based on breach of discipline and for the reimbursement of the wage
challenged by Eastern Shipping on the principal ground that the POEA had no jurisdiction over the case as increases in the Workers Assistance and Adjudication Office of the POEA. During the pendency of the
the husband was not an overseas worker. That the complaint was cognizable not by the POEA but by the administrative complaint in the POEA, Republic Act No. 8042 (Migrant Workers and Overseas Filipinos
Social Security System and should have been filed against the State Insurance Fund. Act of 1995) took effect on July 15, 1995. Section 10 of Republic Act No. 8042 vested original and
exclusive jurisdiction over all money claims arising out of employer-employee relationships involving
overseas Filipino workers in the Labor Arbiters. Upon appeal, the NLRC dismissed petitioners appeal for history of ulcer. POMI, likewise, disallowed De Jesus' claim for unpaid salary, on the ground that the
lack of jurisdiction subject to Section 10 of R.A. 8042. amount had already been applied to the cost of his repatriation. Thus, De Jesus filed a complaint for the
recovery of unpaid wages, sickwage allowance and medical expenses.
ISSUE: Whether or not the NLRC has jurisdiction over the case. -No
POMO in its defense argued that De Jesus committed misrepresentation when he concealed in his medical
RULING: Petitioners’ adamant insistence that the NLRC should have appellate authority over the history that he suffered from ulcer 2 years ago, that he brought on board his medicines for ulcer without
POEA’s decision in the disciplinary action because their complaint against respondents was filed in 1993 the ship captain’s permission, and that De Jesus brought pieces of Cimetidine for fear that his ulcer might
was unwarranted. Although Republic Act No. 8042, through its Section 10, transferred the original and recur on board.
exclusive jurisdiction to hear and decide money claims involving overseas Filipino workers from the
POEA to the Labor Arbiters, the law did not remove from the POEA the original and exclusive The Labor Arbiter ruled in favor of De Jesus. According to the Labor Arbiter, De Jesus underwent a
jurisdiction to hear and decide all disciplinary action cases and other special cases administrative in thorough medical examination before his deployment and was reported fit to work by POMI's accredited
character involving such workers. clinic. POMI cannot now be heard to claim otherwise. Besides, POMI was aware that De Jesus had been
discharged on November 29, 1994 due to illness while on board M/V Oriental Venus. It was, thus,
The obvious intent of Republic Act No. 8042 was to have the POEA focus its efforts in resolving all expected that POMI would conduct, as it, in fact, conducted a thorough medical examination in
administrative matters affecting and involving such workers. This intent was even expressly recognized in determining De Jesus' state of health before his deployment.
the Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas Filipinos Act of
1995 promulgated on February 29, 1996 Upon appeal, the NLRC reversed and set aside the decision of the LA, finding De Jesus guilty of
unauthorized medicines on board.
It is clear to us, therefore, that the NLRC had no appellate jurisdiction to review the decision of the POEA
in disciplinary cases involving overseas contract workers. Petitioners’ position that Republic Act No. 8042 ISSUE: Whether or not De Jesus should be awarded his unpaid salaries, medical allowance,
should not be applied retroactively to the review of the POEA’s decision dismissing their complaint reimbursement of his medical and repatriation expenses. -Yes
against respondents has no support in jurisprudence.
RULING: The evidence shows that De Jesus previously suffered from ulcer but he ticked "NO" in his
Although, as a rule, all laws are prospective in application unless the contrary is expressly provided, or medical history. De Jesus, therefore, committed misrepresentation. Nonetheless, he passed the pre-
unless the law is procedural or curative in nature, there is no serious question about the retroactive employment medical examination, was reported fit to work, and was suffered to work on board M/V
applicability of Republic Act No. 8042 to the appeal of the POEA’s decision on petitioners’ disciplinary Author for more than two (2) months, until his repatriation on June 19, 1997.
action against respondents. In a way, Republic Act No. 8042 was a procedural law due to its providing or The rule is that an ailment contracted even prior to his employment, does not detract from the
omitting guidelines on appeal. compensability of the disease. It is not required that the employment be the sole factor in the growth,
development or acceleration of the illness to entitle the claimant to the benefits incident thereto. It is
When Republic Act No. 8042 withheld the appellate jurisdiction of the NLRC in respect of cases decided enough that the employment had contributed, even in a small measure, to the development of the disease.
by the POEA, the appellate jurisdiction was vested in the Secretary of Labor in accordance with his power
of supervision and control. In this case, POMI failed to rebut De Jesus' claim that he was required to work even during mealtime and
Furthermore, Section 1, Part VII, Rule V of the 2003 POEA Rules and Regulations specifically provides that the meals served on board did not fit the dietary preference of the Filipinos. Such plight took a toll on
that the Secretary shall have the exclusive and original jurisdiction to act on appeals or petition for review De Jesus' health and surely contributed, even in a slight degree, to the relapse of his illness.
of disciplinary action cases decided by the Administration. On De Jesus’ Possession of medicine:
Indeed, possession of medicines on board without the ship captain's permission was a violation of the
In conclusion, we hold that petitioners should have appealed the adverse decision of the POEA to the Standard Employment Contract Addendum and would entitle POMI to dismiss the erring crew member
Secretary of Labor instead of to the NLRC. Consequently, the CA, being correct on its conclusions, but only after compliance with the procedure provided in the contract.
committed no error in upholding the NLRC.
In this case, there was no showing that Celtic complied with the foregoing procedure, thus, casting a
Joel De Jesus v. NLRC & Pacific Ocean Manning serious doubt on the validity of De Jesus' discharge. Likewise, neither the ship's logbook nor the report
G.R. No. 151158 | August 17, 2007 sent to POMI as Celtic's manning agent was presented in the proceedings a quo to establish the breach
committed by De Jesus.
FACTS: De Jesus departed from the Philippines on March 28, 1997 and embarked on M/V Author the
following day. Early in his stint on board M/V Author, De Jesus experienced stomach pains, which The pieces of evidence submitted before the Labor Arbiter in support of De Jesus' discharge zeroed in on
became unbearable during the second month of his stay, especially when his captain required him to work the alleged misrepresentation, which, as mentioned, cannot be a valid basis for the denial of De Jesus'
even during meal hours. His condition worsened and he severely lost weight. claims. Settled is the rule that in termination cases, the burden of proof rests upon the employer to show
that the dismissal is for a just and valid cause. The case of the employer must stand or fall on its own
Thus, when the ship docked in Hamburg, Germany, De Jesus requested for medical treatment. The ship merits and not on the weakness of the employee's defense. In this case, no convincing proof was offered to
captain referred him to Dr. Jan-Gerd H. Hagelstein. De Jesus was diagnosed to be suffering from relapse prove POMI's allegation. All that we have is its self-serving assertion that De Jesus violated his
ofgastric ulcer and was advised to sign off for thorough diagnostic examination and treatment. He was employment contract.
declared fit for repatriation.

De Jesus was repatriated to the Philippines on June 19, 1997. Upon his arrival, he went to POMI and
requested financial assistance and medical treatment for his illness. POMI, however, refused. De Jesus
was constrained to seek medical treatment from Bataan Doctor's Hospital at his own expense. He sought
reimbursement from POMI, but again it was refused because De Jesus allegedly concealed his previous
 employer. The determination of the existence and sufficiency of a just cause must be exercised with
fairness and in good faith and after observing due process.

The Court is not persuaded by petitioners' contentions in its first and second assigned errors that the CA
should have accorded respect and finality to the findings of fact and conclusions of the LA as these are
supported by substantial evidence.

Factual findings of labor officials, who are deemed to have acquired expertise in matters within their
respective jurisdictions, are generally accorded not only respect but even finality. However, the rule is not
without exceptions, one of which is when the findings of fact of the labor officials on which the
conclusion is based are not supported by substantial evidence.

Another exception is when it is perceived that far too much is concluded, inferred or deduced from bare
facts adduced in evidence. Moreover, when the findings of the LA and the NLRC are inconsistent with
that of the CA, as in the instant case, there is a need to review the records to determine which of them
should be preferred as more conformable to evidentiary facts.The Court finds that the present case falls
under the above-mentioned exceptions.

NFD & A/S Vulcanus v. NLRC, Ilagan & Co In the case at bar there is no proof showing the alleged mutinous and concerted actions of the [private
G.R. No. 165389 | October 17, 2008 respondents] against Capt. Andersen. There is also the glaring absence of corroborative statements of
other officers or crew on board attesting that [private respondents] participated directly or indirectly to any
FACTS: Jose I. Ilagan, Jr. and Constantino Co, Jr. (private respondents) were among 21 Filipino seamen wrong doing, or even intervened in the quarrel between Andersen and Castillo.
hired by herein petitioner NFD International Manning Agents, Inc. (NFD) to work on board the chemical
tanker M/T Lady Helene, a vessel owned and operated by petitioner A/S Vulcanus Oslo (Vulcanus), Furthermore there is no record in the logbook or journal of the ship to indicate that the 21 Filipino seamen,
NFD's foreign principal. including herein private respondents who were terminated from their employment, threatened to cease and
desist from working and to abandon their vessel as a result of the misunderstanding that happened
On February 11, 1997, while M/T Lady Helene was at Island View Port, Durban, South Africa, Ship between the Ship Master and a Filipino crew member.
Master Captain Steiner Andersen dismissed the 21 Filipino seamen, including herein private respondents,
from their employment. No competent documentary proof was presented to substantiate the charges against private respondents
and the other Filipino seamen. No record of any hearing or investigation was presented. Moreover,
On March 3, 1997, NFD filed before the Adjudication Office of the Philippine Overseas Employment petitioners did not present the Ship Master or any member of the ship's crew in order to validate or verify
Administration (POEA), a disciplinary complaint against the 21 seamen alleging that they were guilty of the truth regarding the charge against the 21 Filipino seamen.
mutiny, insubordination, desertion/attempting to desert the vessel and conspiracy.
The minimum requirement of due process in termination proceedings, which must be complied with even
Meanwhile, on May 6, 1997, private respondents, together with eight (complainants) whose employments with respect to seamen on board a vessel, consists of notice to the employees intended to be dismissed and
were terminated, filed with the National Labor Relations Commission (NLRC), a Complaint for wrongful the grant to them of an opportunity to present their own side on the alleged offense or misconduct, which
breach of contract, illegal dismissal and damages against NFD and Vulcanus, contending that: they were led to the management's decision to terminate. To meet the requirements of due process, the employer
summarily dismissed from their employment without just and valid cause and in gross violation of the must furnish the worker sought to be dismissed with two written notices before termination of
terms of their employment contract employment can be legally effected, i.e., (1) a notice which apprises the employee of the particular acts or
omissions for which his dismissal is sought; and (2) the subsequent notice after due hearing which informs
That at the time of their discharge, and up to the filing of their complaint, they had not been paid their the employee of the employers' decision to dismiss him.
accrued salaries, guaranteedovertime pay and leave pay; for their summary dismissal, forcible
disembarkation and subsequent repatriation, they seek recovery of their unpaid wages and other benefits Even if the Ship Master was justified in dispensing with the notice requirements, still, it was essential that
as well as moral and exemplary damages and attorney's fees. his decision to dismiss the Filipino seamen should have been entered in the ship's logbook; and that a
complete report, substantiated by witnesses, testimonies and any other documents in support thereof, duly
ISSUE: Whether or not private respondent’s termination was valid. -No sent to the manning agency. The record of this case is bereft of any such entry in the ship's logbook or
journal and of any report and supporting documents. Instead, respondents and the other Filipino seamen
RULING: There are two requisites which must be complied with by an employer for a valid dismissal of were verbally ordered to disembark from the vessel and were repatriated to the Philippines without being
employees, to wit: (1) the dismissal must be for a just or authorized cause; and (2) the employee must be given written notice of the reasons why.
afforded due process, i.e., he must be given opportunity to be heard and to defend himself.

Anent the first requisite, it is a basic principle that in the dismissal of employees, the burden of proof rests
upon the employer to show that the dismissal is for a just and valid cause and failure to do so would
necessarily mean that the dismissal is not justified.

This is in consonance with the guarantee of security of tenure in the Constitution and in the Labor Code. A
dismissed employee is not required to prove his innocence of the charges leveled against him by his
 Article 18. Ban on direct-hiring. No employer may hire a Filipino worker for overseas employment
except through the Boards and entities authorized by the Secretary of Labor. Direct-hiring by members RULING: NO. The side contract is VOID.
of the diplomatic corps, international organizations and such other employers as may be allowed by the
Secretary of Labor is exempted from this provision. It is void because it was not approved by the POEA. The side agreement cannot supersede the Standard
Employment Contract with the POEA.
DISCUSSION:
Direct hiring of Filipino workers by a foreign employer is not allowed except direct hiring by members of
the diplomatic corps and others mentioned in this Article.

Also excepted are “name hirees” or those individual workers who are able to secure contracts for overseas
employment on their own efforts and representation without the assistance or participation of any agency.
Their hiring, nonetheless, has to be processed through the POEA.

However, Name hires should register with the POEA by submitting the following documents:
1. Employment contract;
2. Valid passport;
3. Employment visa or work permit, or equivalent document;
4. Certificate of medical fitness; and
5. Certificate of attendance to the required employment orientation/briefing.

DAGASDAS v. GRAND
G.R. No. 205727 | January 18, 2017

FACTS: There were two employment contracts involved here. The first contract was the Standard
Employment Contract approved by POEA. The second contract was without the approval of the POEA.

ISSUE: Whether or not, the second contract was valid

RULING: NO. The second contract is not valid, since there was no approval from the POEA.

It was not processed by POEA. The suitability of the provisions of the second contract was not
determined. It did not passed through the standards of POEA. As opposed to the Standard Employment
Contract which is supposed to be the one enforced.

Plus, the original contract was not expired. There was no reason for the second contract to be entered into.

WALLEM SHIPPING v. MOLE

G.R. No. L-50734-37 | February 20, 1981

FACTS: Seamen were dismissed from employment. They filed Illegal Dismissal. National Seamen Board
ruled that seamen were discharged without just cause.

ISSUE: Whether or not, seamen were illegally dismissed

RULING: YES. Seamen were illegally dismissed. The shipowner is liable for breach of contract for
dismissing without a valid reason some members of the crew of a vessel before the expiration of their
employment contract.

CHAVEZ v. BONTO-PEREZ
G.R. No. 109808 | March 1, 1995

FACTS: The POEA Standard Employment Contract states that the compensation is USD 1,500.
However, Side agreement was signed by employee with salary deductions of USD 250 and revised the
basic salary to USD 750. The Side Agreement was different from the Standard Employment Contract.

ISSUE: Whether or not, the side contract was valid

 Upon their arrival in the Philippines, private respondents demanded from petitioner Philsa the return of
TRANSACTION v. SEC. OF LABOR their placement fees and for the payment of their salaries for the unexpired portion of their contract. When
G.R. No. 109583 | September 5, 1997 petitioner refused, they filed a case before the POEA

FACTS: From July 24 to September 9, 1987, petitioner Trans Action Overseas Corporation, a private ISSUE:
fee-charging employment agency, scoured Iloilo City for possible recruits for alleged job vacancies in 1. WON, POEA Circular No. 2 is void for lack of publication.– YES.
Hongkong. Private respondents sought employment as domestic helpers through petitioner's employees, 2. WON, Philsa is liable for Illegal exaction.
Luzviminda Aragon, Ben Hur Domincil and his wife Cecille. The applicants paid placement fees ranging
from P1,000.00 to P14,000.00, but petitioner failed to deploy them. Their demands for refund proved RULING: POEA CIRCULAR NO. 2 WAS NEVER PUBLISHED, THUS INEFFECTIVE
unavailing; thus, they were constrained to institute complaints against petitioner for violation of Articles
32 and 34(a) of the Labor Code POEA Memorandum Circular No. 2, Series of 1983 must likewise be declared ineffective as the same was
never published or filed with the National Administrative Register.
Labor Undersecretary Nieves R. Confesor rendered the assailed order, for petitioner to pay respondents
and ordered the cancellation of the license of Trans Action, effective immediately. POEA Memorandum Order No. 2, Series of 1983 provides for the applicable schedule of placement and
documentation fees for private employment agencies or authority holders. Under the said Order, the
Under Executive Order No. 797 (E.O. No. 797) and Executive Order No. 247 (E.O. No. 247), the POEA maximum amount which may be collected from prospective Filipino overseas workers is P2,500.00. The
was established and mandated to assume the functions of the Overseas Employment Development Board said circular was apparently issued in compliance with the provisions of Article 32 of the Labor Code
(OEDB), the National Seamen Board (NSB), and the overseas employment function of the Bureau of which provides, as follows:
Employment Services (BES). Petitioner theorizes that when POEA absorbed the powers of these agencies,
Article 35 of the Labor Code, as amended, was rendered ineffective. "ARTICLE 32. Fees to be paid by workers. — Any person applying with a private fee-charging
employment agency for employment assistance shall not be charged any fee until he has obtained
ISSUE: WON, the Sec. of Labor and Employment has jurisdiction to cancel or revoke the license of a employment through its efforts or has actually commenced employment. Such fee shall be always covered
private fee-charging employment agency. with the approved receipt clearly showing the amount paid. The Secretary of Labor shall promulgate a
schedule of allowable fees."
RULING: The power to suspend or cancel any license or authority to recruit employees for overseas
employment is concurrently vested with the POEA and the Secretary of Labor. It is thus clear that the administrative circular under consideration is one of those issuances which should
be published for its effectivity, since its purpose is to enforce and implement an existing law pursuant to a
The power to suspend or cancel any license or authority to recruit employees for overseas employment is valid delegation. Considering that POEA Administrative Circular No. 2, Series of 1983 has not as yet been
vested upon the Secretary of Labor and Employment as provided in Article 35 of the LC. published or filed with the National Administrative Register, the same is ineffective and may not be
enforced.
This power conferred upon the Secretary of Labor and Employment was echoed in People v. Diaz, viz.:
ARGUMENT OF THE SOLGEN
A non-licensee or non-holder of authority means any person, corporation or entity which has not been The Office of the Solicitor General argues however that the imposition of administrative sanctions on
issued a valid license or authority to engage in recruitment and placement by the Secretary of Labor, or petitioner was based not on the questioned administrative circular but on Article 32 and Article 34 (a) of
whose license or authority has been suspended, revoked or cancelled by the POEA or the Secretary the Labor Code.

LABOR CODE WAS NEVER CITED

The argument is not meritorious. The said articles of the Labor Code were never cited, much less
discussed, in the body of the questioned Orders of the POEA and Secretary of Labor and Employment. In
PHILSA v. SEC. OF LABOR fact, the said Orders were consistent in mentioning that petitioner's violation of Administrative Circular
G.R. No. 103144 | April 4, 2001 No. 2, Series of 1983 was the basis for the imposition of administrative sanctions against petitioner.

FACTS: The POEA found petitioner Philsa liable for 3 counts of illegal exaction, 2 counts of contract Furthermore, even assuming that petitioner was held liable under the said provisions of the Labor Code,
substitution and 1 count of withholding or unlawful deduction from salaries of workers. Articles 32 and 34 (a) of the Labor Code presupposes the promulgation of a valid schedule of fees by the
Department of Labor and Employment. Considering that, as, previously discussed, Administrative
Philsa is a domestic corporation engaged in the recruitment of workers for overseas employment. Circular No. 2, Series of 1983 embodying such a schedule of fees never took effect, there is thus no basis
Sometime in January 1985, private respondents, who were recruited by petitioner for employment in for the imposition of the administrative sanctions against petitioner. Moreover, under Book VI, Chapter II,
Saudi Arabia, were required to pay placement fees. Section 3 of the Administrative Code of 1987, "rules in force on the date of the effectivity of this Code
which are not filed within three (3) months from that date shall not thereafter be the basis of any sanction
After the execution of their respective work contracts, private respondents left for Saudi Arabia. In Saudi against any party or persons." Considering that POEA Administrative Circular No. 2 was never filed with
Arabia, private respondents were allegedly made to sign a second contract on February 4, 1985 which the National Administrative Register, the same cannot be used as basis for the imposition of
changed some of the provisions of their original contract resulting in the reduction of some of their administrative sanctions against petitioner.
benefits and privileges. their foreign employer allegedly forced them to sign a third contract which
increased their work hours from 48 hours to 60 hours a week without any corresponding increase in their
basic monthly salary. When they refused to sign this third contract, the services of private respondents
were terminated and repatriated to the Philippines.
OVERSEAS EMPLOYMENT RULING: Yes. Respondent Joy Cabiles, having been illegally dismissed, is entitled to her salary for the
unexpired portion of the employment contract that was violated together with attorney’s fees and
FINMAN V. INOCENCIO reimbursement of amounts withheld from her salary.
G.R. No. 90273-75 | November 15, 1989
The award of the three-month equivalent of respondent’s salary should, however, be increased to the
FACTS: Pan Pacific Overseas Recruiting Services, Inc. (Pan Pacific) is a private, feecharging, amount equivalent to the unexpired term of the employment contract.
recruitment and employment agency. T in accordance with the requirements of Section 4, Rule II, Book II
of the Rules and Regulations of the Philippine Overseas Employment Administration (POEA), Pan Pacific In Serrano v. Gallant Maritime Services, Inc. and Marlow Navigation Co., Inc.,82 this court ruled that the
posted a surety bond issued by petitioner Finman General Assurance Corporation (Finman) and was clause "or for three (3) months for every year of the unexpired term, whichever is less"83 is
granted a license to operate by the POEA. unconstitutional for violating the equal protection clause and substantive due process. We are aware that
the clause "or for three (3) months for every year of the unexpired term, whichever is less” was reinstated
William Inocencio, Perfecto Palero, Jr., Edwin Cardones and one Edwin Hernandez filed with the POEA in Republic Act No. 8042 upon promulgation of Republic Act No. 10022 in 2010.
separate complaints against Pan Pacific for violation of Articles 32 and 34 (a) of the Labor Code, as
amended and for refund of placement fees paid to Pan Pacific. The complainants alleged that Pan Pacific When a law is passed, this court awaits an actual case that clearly raises adversarial positions in their
charged and collected such fees from them but did not secure employment for them. POEA Administrator proper context before considering a prayer to declare it as unconstitutional. However, we are confronted
motu proprio impleaded petitioner Finman as party respondent in its capacity as surety for Pan Pacific. with a unique situation. The law passed incorporates the exact clause already declared as unconstitutional,
Finman filed an answer denying liability and arguing that: (1) the POEA had no "jurisdiction over surety without any perceived substantial change in the circumstances.
bonds," that jurisdiction being vested in the Insurance Commission or the regular courts.
We observe that the reinstated clause, this time as provided in Republic Act. No.10022, violates the
ISSUE: Whether or not jurisdiction for claim of bonds is with the regular courts? constitutional rights to equal protection and due process. We reiterate our finding in Serrano v. Gallant
Maritime that limiting wages that should be recovered by anillegally dismissed overseas worker to three
RULING: No. There appears nothing so special or unique about the determination of a surety's liability months is both a violation of due process and the equal protection clauses of the Constitution.
under its bond as to restrict that determination to the Office of the Insurance Commissioner and to the
regular courts of justice exclusively. The exact opposite is strongly stressed by the second paragraph of Respondent Joy Cabiles is entitled to her salary for the unexpired portion of her contract, in accordance
Article 31 of the Labor Code. with Section 10 of Republic Act No. 8042. The award of the three-month equivalence of respondent’s
salary must be modified accordingly. Since she started working on June 26, 1997 and was terminated on
Article 31. Bonds. All applicants for license or authority shall post such cash and surety bonds as July 14, 1997, respondent is entitled to her salary from July 15, 1997 to June 25, 1998. "To rule otherwise
determined by the Secretary of Labor to guarantee compliance with prescribed recruitment procedures, would be iniquitous to petitioner and other OFWs, and would, in effect, send a wrong signal that
rules and regulations, and terms and conditions of employment as may be appropriate. principals/employers and recruitment/manning agencies may violate an OFW’s security of tenure which
an employment contract embodies and actually profit from such violation based on an unconstitutional
The Secretary of Labor shall have the exclusive power to determine, decide, or order direct payment from, provision of law."
or application of, the cash, and surety bond for any claim or injury covered and guaranteed by the bonds.

SAMEER V. CABILES
G.R. No. 170139 | August 5, 2014

FACTS: Sameer Overseas Placement Agency, Inc., is a recruitment and placement agency. Respondent
Joy Cabiles was hired thus signed a oneyear employment contract for a monthly salary of NT$15,360.00.
Joy was deployed to work for Taiwan Wacoal, Co. Ltd. (Wacoal) on June 26, 1997. She alleged that in her
employment contract, she agreed to work as quality control for one year. In Taiwan, she was asked to
work as a cutter.

Sameer claims that on July 14, 1997, a certain Mr. Huwang from Wacoal informed Joy, without prior
notice, that she was terminated and that “she should immediately report to their office to get her salary and
passport.” She was asked to “prepare for immediate repatriation.” Joy claims that she was told that from
June 26 to July 14, 1997, she only earned a total of NT$9,000.15 According to her, Wacoal deducted
NT$3,000 to cover her plane ticket to Manila.

On October 15, 1997, Joy filed a complaint for illegal dismissal with the NLRC against petitioner and
Wacoal. LA dismissed the complaint. NLRC reversed LA’s decision. CA affirmed the ruling of the
National Labor Relations Commission finding respondent illegally dismissed and awarding her three
months’ worth of salary, the reimbursement of the cost of her repatriation, and attorney’s fees.

ISSUE: WON she was entitled to the unexpired portion of her salary due to illegal dismissal.
 . . . While it may be true that respondent EASCO received notice of their claims after the ten (10) day
expiration period from cancellation or after January 12, 1986 as provided in the surety bond, records show
that . . . EASCO's principal, respondent agency, was notified/ summoned prior to the expiration period or
before January 12, 1986. Respondent agency received summons on July 24, 1985 with respect to claims of
complainants Penarroyo, dela Cruz and Canti. It also received summons on November 26, 1985 with
respect to Giovanni Garbillons' claim. Respondent agency was likewise considered constructively notified
of the claims of complainants Calayag, Danuco Domingo and Campena on October 6, 1985. In this
connection, it may be stressed that the surety bond provides that notice to the principal is notice to the
surety. Besides, it has been held that the contract of a compensated surety like respondent EASCO is to be
interpreted liberally in the interest of the promises and beneficiaries rather than strictly in favor of the
surety.
EASTERN ASSURANCE v. SECRETARY OF LABOR
G.R. No. 79436-50 | January 17, 1990 So, too, EASCO's claim that it had not been properly served with summons as regards a few of the
complaints must be rejected, the issue being factual, and the Court having been cited to no grave error
FACTS: In connection with the application with the POEA of J&B Manpower Specialist, Inc. for a invalidating the respondent Secretary's conclusion that summons had indeed been duly served.
license to engage in business as a recruitment agency, a surety bond was filed on January 2, 1985 by the
applicant and the EASCO. Finally, EASCO's half-hearted argument that its liability should be limited to the maximum amount set in
its surety bond, i.e., P150,000.00, is palpably without merit, since the aggregate liability imposed on it,
33 persons applied for overseas employment with J&B. In consideration of promised deployment, P140,817.75, supra, does not in fact exceed that limit.
complainants paid respondent various amounts for various fees. Most of' the receipts issued were sighed
by Mrs. Baby Bundalian, Executive Vice-President of J&B.

Because of non-deployment the applicants filed separate complaints with the Licensing and Regulation
Office of POEA against J&B for violation of Articles 32 and 34 (a) of the Labor Code.

Despite summons/notices of hearing J&B failed to file Answer nor appear in the hearings conducted.

EASCO disclaimed liability on the ground that the claims were not expressly covered by the bond, that
POEA had no jurisdiction to order forfeiture of the bond, that some of the claims were paid beyond or
prior to the period of effectivity of the bond.
ISSUE: W/N the recruitment agency and the surety are solidarily liable for the claims of the complainant-
workers.

RULING:
IMPLICIT POWER OF THE POEA TO ORDER REFUND
Implicit in these powers is the award of appropriate relief to the victims of the offenses committed by the
respondent agency or contractor, specially the refund or reimbursement of such fees as may have been
fraudulently or otherwise illegally collected, or such money, goods or services imposed and accepted in
excess of what is licitly prescribed. It would be illogical and absurd to limit the sanction on an offending CRUZ v. NLRC
recruitment agency or contractor to suspension or cancellation of its license, without the concomitant G.R. No. 98273 | October 28, 1991
obligation to repair the injury caused to its victims. It would result either in rewarding unlawful acts, as it
would leave the victims without recourse, or in compelling the latter to litigate in another forum, giving FACTS: Clarita Cruz went abroad pursuant to an employment contract. She agreed to work as DH in
rise to that multiplicity of actions or proceedings which the law abhors. Kuwait. However, this proved to be a bitter disappointment. After completing her 2-yr engagement or on
18 Mar ’88, she came back in the Philippines.
The Court is intrigued by EASCO's reiteration of its argument that it should not be held liable for claims
which accrued prior to or after the effectivity of its bond, considering that the respondent Secretary had 23 Mar: she filed complaint against EMS Manpower & Placement Services & its foreign principal, Abdul
conceded the validity of part of said argument, at least. The Secretary ruled that EASCO's "contention that Karim Al Yahya, for underpayment of her salary & non-payment of her vacation leave. Also claimed she
it should not be held liable for claims/payments made to respondent agency before the effectivity of the was charged P7k as placement fee instead of legal maximum of P5k. Alleged that her foreign employer
surety bond on January 2, 1985 is well taken." According to the Secretary: treated her as a slave & required her to work 18 hrs/day. She was beaten up & suffered facial deformity,
. . . A close examination of the records reveal(s) that respondent EASCO is not jointly and severally liable head trauma, etc. Also she was paid only $120/mo. & her total salaries were given to her 3 hrs before her
with respondent agency to refund complainants flight back to Mla.

The related argument, that it is also not liable for claims filed after the expiry (on January 2, 1986) of the EMS’ Answer: Raised defense of settlement as evidenced by Affidavit of Desistance executed by Cruz on
period stipulated in the surety bond for the filing of claims against the bond, must however be rejected, as 21 Jun ’88. POEA dismissed complaint. NLRC affirmed.
the Secretary did. The Court discerns no grave abuse of discretion in the Secretary's statement of his
reasons for doing so, to wit:
Cruz’s contention: the settlement was obtained from her under duress & false pretenses. She signed
Affidavit without assistance of counsel because the Atty. Alvarado who assisted her was only a helper of
the OWWA. She signed under the impression that she was agreeing to settle only her claim of 1-mo
vacation leave.

EMS’ contention: Cruz is bound. She freely & knowingly signed the document. She was not ignorant but
is a high school graduate.

ISSUE: Whether or not the affidavit of desistance executed by EMS Manpower against Clarita Cruz was
null and void?

HELD: Cruz was not fully aware of the import and consequences of the Affidavit of Desistance when she
executed it, allegedly with the assistance of counsel. Such assistance has not been established. Even
assuming that such assistance had been duly given, there is still the question of the intrinsic validity of the
quitclaim in view of the gross disparity between the amount of the settlement and the Cruz's original
claim. It is difficult to believe that Cruz would agree to waive her total claim of P88,840 for the unseemly
settlement of only P2,400. And even if she did, waiver would still be null & void as violative of public
policy.

Contention that EMS is not privy of the contract with Cruz: negative. It is well-settled that the local
recruiter is solidarily liable with the foreign principal for all damages sustained by the overseas worker in
connection with his contract of employment.

Wherefore, Affidavit of Desistance is null & void. Case is remanded to POEA for further proceedings.
CF SHARP CREW vs. ESPANOL
G.R. No. 155903, September 14, 2007

DOCTRINE: Based on the definition of recruitment and placement pursuant to Article 13(b) of the Labor
Code, the conduct of preparatory interviews is a recruitment activity.
ILLEGAL RECRUITMENT
It is the lack of the necessary license or authority, not the fact of payment, that renders the recruitment
PEOPLE vs. DELA PIEDRA activity unlawful. The fact that C.F. Sharp did not receive any payment during the interviews is of no
G.R. No. 121777, January 24, 2001. moment. From the language of Article 13(b), the act of recruitment may be “for profit or not.”

OVERVIEW: Accused-appellant Carol M. dela Piedra questions her conviction for illegal recruitment in
large scale and assails, as well, the constitutionality of the law defining and penalizing said crime. FACTS: In 1991, Louis Cruise Lines (LCL), a foreign corporation duly organized and existing under the
laws of Cyprus, entered into a Crewing Agreement with Papadopolous Shipping, Ltd. (PAPASHIP).
The Court affirms the constitutionality of the law and the conviction of the accused, but reduces the Private respondent Rizal International Shipping Services was appointed by PAPASHIP as its manning
penalty imposed upon her. agency in the Philippines in recruiting Filipino seamen for LCL's vessel.

FACTS: Accused-appellant Carol M. dela Piedra was charged with illegal recruitment in large scale by Subsequently, LCL terminated the crewing agreement with PAPASHIP to take effect December 31, 1996.
promising an employment abroad to Maria Lourdes Modesto y Gadrino, Nancy Araneta y Aliwanag and LCL appointed C.F. Sharp as crewing agent in the Philippines. As the new manning agency of LCL, the
Jennelyn Baez y Timbol, without having previously obtained from the Philippine Overseas Employment latter requested for an accreditation with the POEA to which Rizal objected on the ground that its
Administration a license or authority to engage in recruitment and overseas placement of workers. accreditation is not yet expired.

ISSUE: While the approval for accreditation was still pending, Savva and Tjiakouris of LCL arrived in the
Philippines and conducted a series of interviews for seafarers at C.F. Sharp's office. Thus, Rizal reported
RULING: the said recruitment activities to POEA and requested for an ocular inspection of C.F. Sharp’s premises.

In December 1996, POEA representatives conducted an inspection and found Sarva and Tjiakouris at C.F.
Sharp interviewing and recruiting hotel staff, cooks, and chefs for M/V Cyprus, with scheduled
deployment in January 1997. With this, Rizal filed a complaint for illegal recruitment, cancellation, or
revocation of license, and blacklisting against LCL and C.F. Sharp with the POEA. Subsequently, Rizal
filed a Supplemental Complaint adding violation of Section 29 of the Labor Code of the Philippines, for
designating and/or appointing agents, representatives, and employees, without prior approval from the
POEA.
The POEA administrator found C.F. Sharp liable for illegal recruitment and had violated Section 29 of the address, appointment or designation of any agent or representative including the establishment of
Labor Code. The latter elevated the ruling of the administrator to the DOLE to which Secretary of Labor additional offices anywhere shall be subject to the prior approval of the Department of Labor.
Quisumbing modified and affirmed the POEA administrator’s decision. C.F. Sharp filed a motion for
reconsideration but was denied by Undersecretary Espanol. In relation to this, Section 2(k), Rule 1, Book VI of the POEA Rules Governing Overseas Employment
provides:
On the other hand, C.F. Sharp denied committing illegal recruitment activities and that the interviews
undertaken by Savva and Tjiakouris do not amount to illegal recruitment under Section 6 of Republic Act Section 2. Grounds for Suspension/Cancellation of License.
No. 8042. Further, it contended that the interviews conducted were in connection with the seamen's past
employment with Rizal, specifically, their complaints for non-remittance of SSS premiums, withholding k. Appointing or designating agents, representatives or employees without prior approval from the
of wages, illegal exactions from medical examinations and delayed allotments. It claimed that it was only Administration.
upon approval of its application for accreditation that the employment contracts were entered into and
actual deployment of the seamen was made. Thus, C.F. Sharp concludes that it cannot be held liable for
illegal recruitment.

ISSUE: Whether or not C.F. Sharp is liable for illegal recruitment. YES.

RULING: Pursuant to Article 13(b) of the Labor Code, recruitment and placement as:

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.

On the basis of the definition, the Court held that the conduct of preparatory interviews is a recruitment
activity. The fact that C.F. Sharp did not receive any payment during the interviews is of no moment.
From the language of Article 13(b), the act of recruitment may be "for profit or not." Notably, it is the lack
of the necessary license or authority, not the fact of payment, that renders the recruitment activity of LCL
unlawful.

According to the Secretary of Labor, there is substantial evidence on record that as alleged by Rizal
Shipping, CF Sharp conspired with LCL and its officers Savva and Tjiakouris to conduct recruitment
activities in its offices, at a time when LCL was not yet its POEA-accredited principal, in violation of Sec.
6, R.A. 8042 in relation to Article 13(b) and (f) and Article 16 of the Labor Code as amended; Rule II(jj)
Book I, and Sec. 1 and 6, Rule I, Book III, all of the POEA Rules and Regulations Governing Overseas
Employment.

Therefore, the Court ruled that C.F. Sharp must be reminded that prior to approval of the transfer of
accreditation, no recruitment or deployment may be made by the principal by itself or through the would-
be transferee manning agency, or by the latter, as this would constitute illegal recruitment by a non-holder
of authority under Sec. 6, R.A. 8042 in relation to Article 13(b) and (f) and Article 16 of the Labor Code
as amended; Rule II(jj), Book I, and Sec. 1 and 6, Rule 1, Book III, POEA Rules and Regulations
Governing Overseas Employment.

As direct hiring by employers of Filipino workers for overseas employment is banned, it can only be done People vs. Adeser
through, among others, licensed private recruitment and shipping/mining agencies (Art. 18, Labor Code as G.R. No. 179931 October 26,2009
amended; Sec. 1, Rule 1, Book II, POEA Rules and Regulations Governing Overseas Employment).
DOCTRINE: A person who is convicted of illegal recruitment may also be convicted of estafa under
Article 315(2) (a) of the Revised Penal Code provided the elements of estafa are present. Estafa under
As to the denial of C.F. Sharp that it did not violate Article 29 of the Labor Code and that Desiderio was Article 315, paragraph 2(a) of the Revised Penal Code is committed by any person who defrauds another
not their employee, the Court ruled that the appointment or designation of Desiderio as an employee or by using a fictitious name, or falsely pretends to possess power, influence, qualifications, property, credit,
agent of C.F. Sharp, without prior approval from the POEA, warrants administrative sanction. agency, business or imaginary transactions, or by means of similar deceits executed prior to or
simultaneously with the commission of the fraud. The offended party must have relied on the false
Article 29 provides for the Non-Transferability of License or Authority. It states that: pretense, fraudulent act or fraudulent means of the accused and as a result thereof, the offended party
suffered damage.
No license or authority shall be used directly or indirectly by any person other than the one in whose favor
it was issued or at any place other than that stated in the license or authority, nor may such license or FACTS: Private complainant testified that sometime in November 2002, the agents of Naples Travel and
authority be transferred, conveyed or assigned to any other person or entity. Any transfer of business Tours, introduced Palo to the appellant, owner and general manager of Naples, to discuss employment
opportunities in Australia. During their meeting held at the Naples office, appellant and the spouses
Tiongson informed Palo that for a placement fee, she can work as an apple picker in Australia. Thus, the
complainant went to the Naples office and gave Roberto Tiongson and Lourdes Chang, operations
manager of Naples, ₱15,000 as first installment for the placement fee. Palo was issued a voucher signed
by Roberto and Chang stating therein that the ₱15,000 was for Palo’s visa application. Complainant
returned to the Naples office and paid ₱58,500. She was again issued a voucher signed by Roberto and
Chang stating therein that the amount paid was for Palo’s visa application.

Palo insisted that the voucher should indicate that her payments were for “placement fees'' but they were
able to convince her that it is not necessary because they know her. After making her payments, she was
required to submit her resume and pictures and was promised that she would be employed within three
months.

More than three months passed, however, but Palo was not deployed to Australia. Neither did she get her
Australian visa. Complainant learned from the National Bureau of Investigation (NBI) that Naples had
closed down. NBI likewise informed her that Naples had no license to operate and deploy workers abroad.

Upon advice of the NBI, Palo filed a complaint against appellant, the spouses Tiongson and Chang.The
trial court rendered a Decision finding appellant guilty of Illegal Recruitment and Estafa. Appellant
appealed her conviction but the same was affirmed by the Court of Appeals, Hence this appeal.

ISSUE: Whether or not, Illegal Recruitment was committed by the accused even if his signature did not
appear in the voucher issued to the complainant. YES

RULING: Illegal recruitment is committed when these two elements concur:

(1) the offenders have no valid license or authority required by law to enable them to lawfully engage in
the recruitment and placement of workers, and

(2) the offenders undertake any activity within the meaning of recruitment and placement defined in
Article 13(b) or any prohibited practices enumerated in Article 34 of the Labor Code. Under Article 13(b),
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.”

In the simplest terms, illegal recruitment is committed by persons who, without authority from the
government, give the impression that they have the power to send workers abroad for employment
purposes.

Neither can the Court sustain appellant’s contention that her participation in the recruitment is negated by
the fact that her signature does not even appear on the vouchers issued to Palo. Even if Palo did not
present receipts signed by appellant, this would not rule out the fact that appellant did receive the money.
The Court has consistently ruled that absence of receipts as to the amounts delivered to a recruiter does
not mean that the recruiter did not accept or receive such payments. Neither in the Statute of Frauds nor in
the rules of evidence is the presentation of receipts required in order to prove the existence of a
recruitment agreement and the procurement of fees in illegal recruitment cases. Such proof may come
from the credible testimonies of witnesses as in the case at bar.
PEOPLE VS. LAPIS
G.R. Nos. 145734-35 October 15, 2002

DOCTRINE: Illegal recruitment is committed when these two elements concur: (1) the offenders have no
valid license or authority required by law to enable them to lawfully engage in the recruitment and
placement of workers, and (2) the offenders undertake any activity within the meaning of recruitment and
placement defined in Article 13(b) or any prohibited practices enumerated in Article 34 of the Labor
Code.

FACTS: Melchor Degsi and Perpetua Degsi were schemed by Vicenta Medina Lapis and Angel Mateo
conspiring with each other who feloniously recruited the Sps. Degsi for employment as an office worker
and as a cook or mechanic in Japan, for and in consideration thereof, they were required to pay the amount
of P158,600.00 as alleged placement and processing fees, which the complainants delivered and paid,
without the accused having deployed the Sps. Degsi despite the lapse of several months. The lower courts
ruled in favor of the Sps. Degsi. Vicenta Medina Lapis and Angel Mateo aver that they could be only held
liable for illegal recruitment in its simple form.

ISSUE: Whether Vicenta Medina Lapis and Angel Mateo are guilty beyond reasonable doubt of illegal
recruitment committed by a syndicate. YES.

RULING: Illegal recruitment is committed when these two elements concur:

(1) the offenders have no valid license or authority required by law to enable them to lawfully engage in
the recruitment and placement of workers, and

(2) the offenders undertake any activity within the meaning of recruitment and placement defined in Arti-
cle 13(b) or any prohibited practices enumerated in Article 34 of the Labor Code.

Under Article 13(b), 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.”

In the simplest terms, illegal recruitment is committed by persons who, without authority from the
government, give the impression that they have the power to send workers abroad for employment
purposes. The court believed that the prosecution was able to establish the elements of the offense
sufficiently. The case records reveal that they did in fact engage in recruitment and placement activities by
promising complainants employment in Japan. Undisputed is the fact that the former did not have any
valid authority or license to engage in recruitment and placement activities. Moreover, the pieces of
testimonial and documentary evidence presented by the prosecution clearly show that, in consideration of
their promise of foreign employment, they indeed received various amounts of money from complainants
totalling P158,600.

When they made misrepresentations concerning their purported power and authority to recruit for overseas
employment, and in the process, collected from complainants various amounts in the guise of placement
fees, the former clearly committed acts constitutive of illegal recruitment. In fact, this Court held that
illegal recruiters need not even expressly represent themselves to the victims as persons who have the
ability to send workers abroad. It is enough that these recruiters give the impression that they have the
ability to enlist workers for job placement abroad in order to induce the latter to tender payment of fees.
PEOPLE vs FLORES
G.R. No. 138535-38 April 19, 2001.

DOCTRINE: Art. 13 (b) of the Labor Code defines "recruitment and placement" as referring 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.

FACTS: Three criminal complaints were filed against Luz Gonzales-Flores of illegal recruitment in large
scale and of three counts of estafa by Felixberto Leongson, Ronald Frederizo, and Larry Tibor.

After requiring them to submit certain documentary requirements and exacting from them the total amount
of P128,000.00, Philippine Currency, as recruitment fees, such recruitment activities being done without
the required license or authority from the Department of Labor.
That the crime described above is committed in large scale as the same was perpetrated against three (3)
or more persons individually or as group as penalized under Articles 38 and 39, as amended by P.D. 2018,
of the Labor Code.
When arraigned, Accused-appellant pleaded not guilty to the criminal charges, whereupon the cases were
jointly tried.

ISSUE: Whether or not Flores is guilty of committing illegal recruitment in large scale. YES

RULING: Art. 13 (b) of the Labor Code defines "recruitment and placement" as referring 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. The same article further states 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
The evidence for the prosecution shows that the accused-appellant sought out complainants and promised
them overseas employment.

Thus, because of the accused-appellant's misrepresentations, complainants gave her theirmoneys.

Accused-appellant’s companions, Domingo, Baloran, and Mendoza, made her ploy even more plausible.

Accused-appellant contends that all she did was to refer complainants to Domingo, Baloran, and
Mendoza. However, under Art. 13 (b) of the Labor Code, recruitment includes "referral," which is defined
as the act of passing along or forwarding an applicant for employment after initial interview of a selected
applicant for employment to a selected employer, placement officer, or bureau. In these cases, Accused-
appellant did more than just make referrals. She actively and directly enlisted complainants for supposed
employment abroad, even promising them jobs as seamen, and collected money from them.
The failure of complainants to present receipts to evidence payments made to accused-appellant is not
fatal to the prosecution case. The presentation of the receipts of payments is not necessary for the
conviction of Accused-Appellant. As long as the prosecution is able to establish through credible
testimonies and affidavits that the accused-appellant was involved in the prohibited recruitment, a
conviction for the offense can very well be justified.
ROSITA SY VS. PEOPLE OF THE PHILIPPINES of illegal recruitment may be held liable for estafa. Double jeopardy will not set in because illegal
G.R. No. 183879 April 14, 2010 recruitment is malum prohibitum, in which there is no necessity to prove criminal intent, whereas estafa is
malum in se, in the prosecution of which, proof of criminal intent is necessary.
DOCTRINE: Illegal recruitment and estafa are entirely different offenses and neither one necessarily
includes or is necessarily included in the other—both offenses may be filed simultaneously or separately. Thus, the fact that Felicidad actively participated in the processing of the illegal travel documents will not
exculpate Sy from liability. Felicidad was a hapless victim of circumstances and of fraud committed by
FACTS: March 1997, in the City of Las Piñas, Rosita Sy willfully, unlawfully and feloniously defraud Sy.
Felicidad Mendoza-Navarro y Landicho in the following manner, to wit:
She was forced to take part in the processing of the falsified travel documents because she had already
1. the said accused by means of false pretenses and fraudulent representation which she made to the said paid P120,000.00. Sy committed deceit by representing that she could secure Felicidad with employment
complainant that she can deploy her for employment in Taiwan, in Taiwan, the primary consideration that induced the latter to part with her money. Felicidad was led to
believe by Sy that she possessed the power and qualifications to provide Felicidad with employment
2. and complainant convinced by said representations, gave the amount of P120,000.00 to the said abroad, when, in fact, she was not licensed or authorized to do so. Deceived, Felicidad parted with her
accused for processing of her papers money and delivered the same to petitioner. Plainly, Sy is guilty of estafa.

Rosita Sy made representations and manifestations that were false and were only made for the purpose of NOTE: For purposes of R.A. 10022, illegal recruitment shall mean any act of canvassing, enlisting,
obtaining the said amount, misappropriated, misapplied and converted the same to her own personal use contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services,
and benefit, to the damage and prejudice of Felicidad Mendoza-Navarro y Landicho in the aforementioned promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-
amount of P120, 000.00. licensee or non-holder of authority contemplated under Article 13(f) of Labor Code of the Philippines:
Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee
PROSECUTION: employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the
Subsequently, Rosita contacted Felicidad and thereafter met her at the Bureau of Immigration office. enumerated acts, whether committed by any person, whether a non-licensee, non-holder, licensee or
Thereat, Felicidad, posing and affixing her signature as Armida G. Lim, filled out the application forms holder of authority:
for the issuance of Alien Certificate of Registration (ACR) and Immigrant Certificate of Registration Article 13(b) of the Labor Code defines recruitment and placement as:
(ICR). She attached to the application forms her own photo. Felicidad agreed to use the name of Armida
Lim as her own because she already paid to appellant the amount of Php120,000.00. 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
In December 1999, Rosita sent to Felicidad the birth certificate of Armida Lim, the Marriage Contract of for profit or not: Provided, that any person or entity which, in any manner, offers or promises for a fee
Armida Lim's parents, ACR No. E128390, and ICR No. 317614. These documents were submitted to and employment to two or more persons shall be deemed engaged in recruitment and placement. (emphasis
eventually rejected by the Taiwanese authorities, triggering the filing of illegal recruitment and estafa supplied)
cases against appellant.
PERT/CPM Manpower v. Vinuya
DEFENSE: G.R. No. 1997528 September 5, 2012
Appellant denied offering a job to Felicidad or receiving any money from her. She asserted that when she
first spoke to Felicidad at the latter's house, she mentioned that her husband and children freely entered DOCTRINE: Article 38 of the Labor Code, as amended by R.A. 8042, defined “illegal recruitment” to
Taiwan because she was a holder of a Chinese passport. Felicidad commented that many Filipino workers include the following act: To substitute or alter to the prejudice of the worker, employment contracts
in Taiwan were holding Chinese passports. approved and verified by the Department of Labor and Employment from the time of actual signing
thereof by the parties up to and including the period of the expiration of the same without the approval of
Three weeks later, Felicidad and Corazon came to her house in Las Piñas and asked her if she knew the Department of Labor and Employment.
somebody who could help Felicidad get a Chinese ACR and ICR for a fee. Appellant introduced a certain
Amelia Lim, who, in consideration of the amount of Php120,000.00, offered to Felicidad the use of the FACTS: Vinuya et. al, filed an illegal dismissal against PERT/ CPM Manpower Exponent Co., INC.,
name of her mentally deficient sister, Armida Lim. Felicidad agreed. On their second meeting at alleging that the latter deployed them between March 29, 2007 and May 12, 2007 to work as aluminum
appellant's house, Felicidad paid Php60,000.00 to Amelia Lim and they agreed to see each other at Fabricator/installer for their principal, Modern Metal Solution LLC/MMS Modern Metal Solution LLC in
Uniwide the following day. That was the last time appellant saw Felicidad and Amelia Lim Dubai, United Arab Emirates. The employment contracts of Vinuya et. al, which were approved by the
POEA, provided for a two-year employment, 9 hours a day and with a salary of 1,350 AED with overtime
ISSUE: Whether or not Rosita Sy is liable for illegal recruitment? -NO. pay, food allowance, free and suitable housing (4 to a room), Free transportation, free laundry, and free
medical and dental services. Vinuya et. al, paid respectively an amount of 15,000 pesos processing fee.

RULING: The RTC and CA was correct when they acquitted Rosita Sy with the charge for Illegal Thereafter on April 2, 2007, Modern Metal gave the respondents, except Era, appointment letters with
Recruitment as the crime committed by the latter is estafa. Illegal recruitment and estafa cases may be terms different from those in the employment contracts which they signed at the PERT’s office in the
filed simultaneously or separately. The filing of charges for illegal recruitment does not bar the filing of Philippines. Under the letters of appointment, their employment was increased to three years at 1,000 to
estafa, and vice versa. Sy's acquittal in the illegal recruitment case does not prove that she is not guilty of 1,200 AED and food allowance of 200 AED. Further, Vinuya et. al contends that they were shocked to
estafa. find out what their working and living conditions were in Dubai. They were required to work from 6:30
AM to 6:30 PM., with a break of only one hour to one and a half hours; that their overtime work were
Illegal recruitment and estafa are entirely different offenses and neither one necessarily includes or is most of the time either underpaid or not paid at all; that their housing accommodations were cramped and
necessarily included in the other. A person who is convicted of illegal recruitment may, in addition, be were shared with 27 other occupants; that their lodging house was far from their jobsite in Dubai, leaving
convicted of estafa under Article 315, paragraph 2(a) of the RPC. In the same manner, a person acquitted
them only 3 to 4 hours of sleep a day because of the long hours of travel to and from their place of work; (i) To substitute or alter employment contracts approved and verified by the Department of Labor from the
that there was no potable water and the air was polluted. time of actual signing thereof by the parties up to and including the periods of expiration of the same
without the approval of the Secretary of Labor.
It was also alleged by Vinuya et. al that when they received their first salary at the rates provided in their
appointment letters and with deductions for placement fees, and because of their difficult living and Further, Article 38 of the Labor Code, as amended by R.A. 8042, defined "illegal recruitment" to include
working conditions, they called up the agency (PERT) and complained about their predicament. The the following act:
agency assured to address the matter but to no avail.
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the
On May 5, 2007, Modern Metal required the respondents to sign new employment contracts, except for Department of Labor and Employment from the time of actual signing thereof by the parties up to and
Era who was made to sign later. The contracts reflected the terms of their appointment letters. Burdened including the period of the expiration of the same without the approval of the Department of Labor and
by all the expenses and financial obligations they incurred for their deployment, they were left with no Employment.
choice but to sign the contracts. They raised the matter with the agency, which again took no action. On
August 5, 2007, despondent over their unbearable living and working conditions and by the agency’s Also, the Supreme Court ruled that the agency and Modern Metal committed breach of contract.
inaction, the respondents expressed to Modern Metal their desire to resign. Out of fear, as they put it, that Aggravating the contract substitution imposed upon them by their employer, the respondents were made to
Modern Metal would not give them their salaries and release papers, the respondents, except Era, cited suffer substandard (shocking, as they put it) working and living arrangements. Both the original contracts
personal/family problems for their resignation. Era mentioned the real reason "because I don’t (sic) want the respondents signed in the Philippines and the appointment letters issued to them by Modern Metal in
the company policy" for his resignation. Dubai provided for free housing and transportation to and from the jobsite. The original contract
mentioned free and suitable housing. Although no description of the housing was made in the letters of
On the other hand, PERT/CPM Manpower Exponent Co., INC. countered that the respondents were not appointment except: "Accommodation: Provided by the company," it is but reasonable to think that the
illegally dismissed; that they voluntarily resigned from their employment to seek a better paying job. It housing or accommodation would be "suitable."
further claimed that Vinuya et. al, while still working for Modern Metal, applied with another company
which offered them a higher pay. Unfortunately, their supposed employment failed to materialize and they With their original contracts substituted and their oppressive working and living conditions unmitigated or
had to go home because they had already resigned from Modern Metal. It further alleged that the unresolved, the respondents decision to resign is not surprising. They were compelled by the dismal state
respondents even voluntarily signed affidavits of quitclaim and released after they resigned. It thus argued of their employment to give up their jobs; effectively, they were constructively dismissed. A constructive
that that their claim for benefits, under Section 10 of Republic Act. No. 8042, damages and attorneys fees dismissal or discharge is "a quitting because continued employment is rendered impossible, unreasonable
is unfounded. or unlikely, as, an offer involving a demotion in rank and a diminution in pay.

ISSUE: Whether or not PERT/CPM Manpower Exponent Co., INC. is liable for illegal recruitment. Yes.

RULING: PERT/CPM Manpower Exponent Co., INC. is liable for illegal recruitment for it committed
contract substitution.

Vinuya et. al, entered into a POEA-approved two-year employment contract, with Modern Metal
providing among others, as earlier discussed, for a monthly salary of 1350 AED. On April 2, 2007, Sto. Tomas vs. Salac
Modern Metal issued to them appointment letters whereby the respondents were hired for a longer three- G.R. No. November 13,2012.
year period and a reduced salary, from 1,100 AED to 1,200 AED, among other provisions. Then, on May
5, 2007, they were required to sign new employment contracts reflecting the same terms contained in their FACTS: On June 7, 1995 Congress enacted Republic Act (R.A.) 8042 or the Migrant Workers and
appointment letters, except that this time, they were hired as "ordinary laborer," no longer aluminum Overseas Filipinos Act of 1995 that, for among other purposes, sets the Government's policies on overseas
fabricator/installer. Vinuya et. al complained with the agency about the contract substitution, but the employment and establishes a higher standard of protection and promotion of the welfare of migrant
agency refused or failed to act on the matter. workers, their families, and overseas Filipinos in distress.

Further, the fact that Vinya et. al’s contracts were altered or substituted at the workplace had never been On August 21, 1995 respondent Philippine Association of Service Exporters, Inc. (PASEI) filed a petition
denied by the agency. On the contrary, it admitted that the contract substitution did happen when it for declaratory relief and prohibition with prayer for issuance of TRO and writ of preliminary injunction
argued, "as to their claim for underpayment of salary, their original contract mentioned 1350 AED before the RTC of Manila, seeking to annul Sections 6, 7, and 9 of R.A. 8042 for being unconstitutional.
monthly salary, which includes allowance while in their Appointment Letters, they were supposed to
receive 1,300 AED. While there was a difference of 50 AED monthly, the same could no longer be Section 6 defines the crime of "illegal recruitment" and enumerates the acts constituting the same. Section
claimed by virtue of their Affidavits of Quitclaims and Desistance." 7 provides the penalties for prohibited acts. Thus:

Clearly, the agency and Modern Metal committed a prohibited practice and engaged in illegal recruitment SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing,
under the law. Article 34 of the Labor Code provides: enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contract
services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a
Art. 34. Prohibited Practices. It shall be unlawful for any individual, entity, licensee, or holder of non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as
authority: amended, otherwise known as the Labor Code of the Philippines: Provided, That such non-license or non-
xxx holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall
be deemed so engaged. It shall likewise include the following acts, whether committed by any person,
whether a non-licensee, non-holder, licensee or holder of authority:
xxxx

SEC. 7. Penalties. - Discussion on Section 9 of R.A. 8042

(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than The Manila RTC also invalidated Section 9 of R.A. 8042 on the ground that allowing the offended parties
six (6) years and one (1) day but not more than twelve (12) years and a fine not less than two hundred to file the criminal case in their place of residence would negate the general rule on venue of criminal
thousand pesos (P200,000.00) nor more than five hundred thousand pesos (P500,000.00). cases which is the place where the crime or any of its essential elements were committed. Venue, said the
RTC, is jurisdictional in penal laws and, allowing the filing of criminal actions at the place of residence of
(b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos the offended parties violates their right to due process.
(P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if illegal recruitment
constitutes economic sabotage as defined herein. But there is nothing arbitrary or unconstitutional in Congress fixing an alternative venue for violations of
Section 6 of R.A. 8042 that differs from the venue established by the Rules on Criminal Procedure.
Provided, however, That the maximum penalty shall be imposed if the person illegally recruited is less Section 9 of R.A. 8042, as an exception to the rule on venue of criminal actions is, consistent with that
than eighteen (18) years of age or committed by a non-licensee or non-holder of authority. law’s declared policy of providing a criminal justice system that protects and serves the best interests of
the victims of illegal recruitment.
Finally, Section 9 of R.A. 8042 allowed the filing of criminal actions arising from "illegal recruitment"
before the RTC of the province or city where the offense was committed or where the offended party As a final note, R.A. 8042 is a police power measure intended to regulate the recruitment and deployment
actually resides at the time of the commission of the offense. of OFWs. It aims to curb, if not eliminate, the injustices and abuses suffered by numerous OFWs seeking
to work abroad. The rule is settled that every statute has in its favor the presumption of constitutionality.
ISSUE: Whether or not sections 6, 7, and 9 are unconstitutional. -NO. The Court cannot inquire into the wisdom or expediency of the laws enacted by the Legislative
Department.
RULING: In the absence of a clear and unmistakable case that the statute is unconstitutional, the Court
must
uphold its validity.

Discussion on Section 6 of R.A. 8042

The Manila RTC declared Section 6 unconstitutional after hearing on the ground that its definition of
"illegal recruitment" is vague as it fails to distinguish between licensed and non-licensed recruiters and for
that reason gives undue advantage to the non-licensed recruiters in violation of the right to equal
protection of those that operate with government licenses or authorities.

But "illegal recruitment" as defined in Section 6 is clear and unambiguous and, contrary to the RTC’s
finding, actually makes a distinction between licensed and non-licensed recruiters. By its terms, persons
who engage in "canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers"
without the appropriate government license or authority are guilty of illegal recruitment whether or not
they commit the wrongful acts enumerated in that Section. On the other hand, recruiters who engage in the
canvassing, enlisting, etc. of OFWs, although with the appropriate government license or authority, are
guilty of illegal recruitment only if they commit any of the wrongful acts enumerated in Section 6.

Discussion on Section 7 of R.A. 8042

The Manila RTC also declared Section 7 unconstitutional on the ground that its sweeping application of
the penalties failed to make any distinction as to the seriousness of the act committed for the application of
the penalty imposed on such violation. But, in fixing uniform penalties for each of the enumerated acts
under Section 6, Congress was within its prerogative to determine what individual acts are equally
reprehensible, consistent with the State policy of according full protection to labor, and deserving of the
same penalties. It is not within the power of the Court to question the wisdom of this kind of choice.
Notably, this legislative policy has been further stressed in July 2010 with the enactment of R.A. 10022
which increased even more the duration of the penalties of imprisonment and the amounts of fine for the
commission of the
acts listed under Section 7.

Obviously, in fixing such tough penalties, the law considered the unsettling fact that OFWs must work
outside the country’s borders and beyond its immediate protection. The law must, therefore, make an
effort to somehow protect them from conscienceless individuals within its jurisdiction who, fueled by
greed, are willing to ship them out without clear assurance that their contracted principals would treat such
OFWs fairly and humanely.
PEOPLE VS. JUDGE PANIS; ABUG The interpretation here adopted should give more force to the campaign against illegal recruitment and
G.R. Nos. L-58674-77, July 11, 1990 placement, which has victimized many Filipino workers seeking a better life in a foreign land, and
investing hard-earned savings or even borrowed funds in pursuit of their dream, only to be awakened to
DOCTRINE: The number of persons dealt with is not an essential ingredient of the act of recruitment and the reality of a cynical deception at the hands of their own countrymen.
placement of workers. Any of the acts mentioned in the basic rule in Article 13(b) will constitute
recruitment and placement even if only one prospective worker is involved.

FACTS: Four informations were filed on January 9, 1981, in the Court of First Instance of Zambales and
Olongapo City alleging that Serapio Abug, "without first securing a license from the Ministry of Labor as
a holder of authority to operate a fee-charging employment agency, did then and there wilfully, unlawfully
and criminally operate a private fee charging employment agency by charging fees and expenses (from)
and promising employment in Saudi Arabia" to four separate individuals named therein, in violation of
Article 16 in relation to Article 39 of the Labor Code.

Abug filed a motion to quash on the ground that the informations did not charge an offense because he
was accused of illegally recruiting only one person in each of the four informations. Under the proviso in
Article 13(b) of the Labor Code, he claimed, there would be illegal recruitment only "whenever two or
more persons are in any manner promised or offered any employment for a fee. "
Article 13(b) provides:
(b) Recruitment and placement' refers to any act of canvassing, enlisting, contracting, transporting, 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.
Abug contends that to constitute recruitment and placement, all the acts mentioned in this article should
involve dealings with two or more persons as an indispensable requirement. On the other hand, the
petitioner argues that the requirement of two or more persons is imposed only where the recruitment and
placement consists of an offer or promise of employment to such persons and always in consideration of a
fee. The other acts mentioned in the body of the article may involve even only one person and are not
necessarily for profit.

ISSUE: Is the number of persons dealt with an essential ingredient of the act of recruitment and placement
of workers?
-NO.

(Note: As per the case, the issue lies on the proper interpretation of Article 13(b))

RULING: We fail to see why the proviso should speak only of an offer or promise of employment if the
purpose was to apply the requirement of two or more persons to all the acts mentioned in the basic rule.
For its part, the petitioner does not explain why dealings with two or more persons are needed where the
recruitment and placement consists of an offer or promise of employment but not when it is done through
"canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring (of) workers.

As we see it, the proviso was intended neither to impose a condition on the basic rule nor to provide an
exception thereto but merely to create a presumption. The presumption is that the individual or entity is
engaged in recruitment and placement whenever he or it is dealing with two or more persons to whom, in
consideration of a fee, an offer or promise of employment is made in the course of the "canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring (of) workers. "

The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of
workers. Any of the acts mentioned in the basic rule in Article 13(b) will constitute recruitment and
placement even if only one prospective worker is involved. The proviso merely lays down a rule of
evidence that where a fee is collected in consideration of a promise or offer of employment to two or more
prospective workers, the individual or entity dealing with them shall be deemed to be engaged in the act of
recruitment and placement. The words "shall be deemed" create that presumption.
PEOPLE vs ABELLANOSA conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction,
G.R. No. 214340 July 19, 2017 enterprise or scheme defined under the first paragraph hereof.

DOCTRINE: Illegal recruitment x x x is deemed committed in large scale if committed against three or Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons
more persons individually or as a group. individually or as a group.

FACTS: Gilda Abellanosa was charged with illegal recruitment in large scale for falsely representing to Section 6 of RA 8042 defines illegal recruitment as follows:
possess authority to recruit job applicants for employment abroad without first having secured the required
authority from the POEA and illegally collected from GEPHRE O. POMAR 5,000.00 as partial payment Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and
of processing and placement fees for overseas employment, which illegal recruitment activities is includes referring contract services, promising or advertising for employment abroad, whether for profit or
considered an offense involving economic sabotage, it being committed in large scale under Sec. 6(m) not, when undertaken by a non-licensee on non-holder of authority contemplated under Article 13(f) of
paragraph 2 of RA 8042, having committed the same not only against Gephre O. Pomar but also against Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines:
seven (7) others. Provided, that any such non-licensee or non-holder who, in any manner offers or promises for a fee
employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the
Except for the date of the commission of the crime, the names of the private complainants, and the amount following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder
purportedly collected from them, the seven other Informations in the other Criminal Cases were similarly of authority:
worded as the Information above. Xxxx

As testified by the complainants, appellant went to Pavia, Iloilo and represented herself as a recruiter who (m) Failure to reimburse expenses incurred by the worker in connection with his documentation and
could send them to Brunei for work; that appellant impressed upon them that she had the authority or processing for purposes of deployment in cases where the deployment does not actually take place without
ability to send them overseas for work by showing them a job order from Brunei and a calling card; and the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered
appellant collected processing or placement fees from the private complainants in various amounts an offense involving economic sabotage.
ranging from P5,000.00 to P20,000.00; and that she did not reimburse said amounts despite demands.
Illegal recruitment x x x is deemed committed in large scale if committed against three or more persons
Appellant denied meeting any of the private complainants while she was in Iloilo and maintained that her individually or as a group.
purpose in going to Iloilo was only to assist Shirley in processing the latter's business license. Appellant
likewise denied that she received money from the private complainants; she claimed that it was Shirley The prosecution was able to establish that appellant was engaged in illegal recruitment in large scale. It
who was engaged in recruitment activities. was proved that appellant was a non-licensee or non-holder of authority to recruit workers for deployment
abroad; she offered or promised employment abroad to private complainants; she received monies from
RTC found Abellanosa guilty beyond reasonable doubt of violation of Section 6(m) in relation to Section private complainants purportedly as placement or processing fees; that private complainants were not
7, of RA 8042 (illegal recruitment in large scale) and sentenced her to life imprisonment, to pay a fine of actually deployed to Brunei; that despite demands, appellant failed to reimburse or refund to private
P500,000.00 and actual damages in the total amount of P68,000.00. complainants their monies; and that appellant committed these prohibited acts against three or more
persons, individually or as a group.
CA affirmed the RTC’s decision.
Appellant recruited seven persons, or more than the minimum of three persons required by law, for illegal
ISSUE: WON Abellanosa is guilty of illegal recruitment in large scale (YES) recruitment to be considered in large scale.

RULING: Article 13(b) of the Labor Code defines recruitment and placement: Section 7 of RA 8042 provides for the penalties for illegal recruitment in large scale as follows:

Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and SEC. 7. PENALTIES -
includes referrals, contract services, promising or advertising for employment, locally or abroad, whether xxxx
for profit or not; Provided, that any person or entity which, in any manner, offers or promises for a fee (b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos
employment to two or more persons shall be deemed engaged in recruitment and placement. (P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if illegal recruitment
constitutes economic sabotage as defined herein.
Recruitment becomes illegal when undertaken by non-licensees or non-holders of authority.
Article 38 of the Labor Code provides: Provided however, that the maximum penalty shall be imposed if x x x committed by a non-licensee or
non-holder of authority.
Art. 38. Illegal Recruitment. -
(a) Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Considering however our finding that the offense involved is illegal recruitment in large scale, it being
Code, to be undertaken by non-licensees or non-holders of authority shall be deemed illegal and committed against three or more persons, the penalty of life imprisonment shall apply collectively to all
punishable under Article 39 of this Code. The Secretary of Labor and Employment or any law seven cases lumped together, and not individually. The same is true with the accompanying penalty of
enforcement officer may initiate complaints under this Article. fine; it must likewise be imposed collectively on all seven cases lumped together, not individually.

(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense However, instead of fine of P500,000.00, the amount should be increased to P1 million, or the maximum
involving economic sabotage and shall be penalized in accordance with Article 39 hereof Illegal amount of fine considering that appellant was a non-licensee or non-holder of authority.
recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons
WHEREFORE, appellant Gilda Abellanosa is found GUILTY of illegal recruitment in large scale and is de Leon's dismissal was therefore justified. The NLRC likewise took into consideration de Leon's position
sentenced to suffer the penalty of life imprisonment and to pay a fine of P1 million. as Scheduler. It noted that de Leon's duties and responsibilities made him a member of the managerial
staff, and thus, this violation made him lose the trust and confidence of PTC. All in all, the NLRC held
that de Leon was validly dismissed.

ISSUE: Whether or not De Leon was validly dismissed. YES.

RULING: His acts violated PTC’s Code of Conduct. De Leon's dismissal was anchored on his violation
of PTC's Code of Discipline.

DE LEON vs. PHILIPPINE TRANSMARINE (Policy for reference:)

G.R. No. 232194 June 19, 2019. Section O. CONCERTED ACTIONS AGAINST COMPANY & OTHER OFFENSES

DOCTRINE: The Court has, in the past, upheld a company's management prerogatives so long as they 5. No employee shall offer or accept directly or indirectly any gift with a collective value of Php 500.00
are exercised in good faith for the advancement of the employer's interest and not for the purpose of and above. Any item worth Php 500.00 and above should be returned or surrendered to HR Department.
defeating or circumventing the rights of the employees under special laws or under valid agreements. In In addition, an employee who accepts any amount of money or any gift in kind from a crew member, ex-
this case, the Court holds that PTC was well within its management prerogative in terminating de Leon's crew member, or representative of a crew member shall be dismissed.
employment upon a finding of violation of its company rules.
Offering or accepting any gift with collective value of P500.00 and above should be dealt with
FACTS: Complainant is Alvin De Leon, a “scheduler” and he filed a case for illegal dismissal with the DISMISSAL.
Labor Arbiter against Philippine Transmarine Carriers - a manning agency acting as agent for foreign
principals and engaged in the business of sending Filipino seafarers on board vessels. 1st Offense - DISMISSAL

Alvin de Leon began as a Hotel Personnel Planner for the Crewing Department of respondent Philippine It is likewise clear from the said rule that a violation, even on the first instance, merits the dismissal of the
Transmarine Carriers, Inc. (PTC), a manning agency acting as agent for foreign principals and engaged in employee from his employment. It is without question that de Leon received a gift during his tenure with
the business of sending Filipino seafarers on board ocean-going ships or vessels. In December 2010, he PTC — his only contentions are: (1) that it did not constitute a violation of the foregoing rule as he did not
was seconded by PTC to First Maritime Shared Services, Inc. (FMSSI), PTC's offshore processing unit, receive it from a crew member, ex-crew member, or representative of a crew member, and (2) that the rule
where he was given the position of "Scheduler." was vague, unreasonable, and unfair.

In 2012, PTC revised its Code of Discipline, in which it indicated a clearer prohibition against accepting With regard to his first contention, de Leon's contention is untenable for his act clearly falls under the first
gifts. De Leon was served a copy of PTC s revised Code of Discipline on September 7, 2012. Incidentally, act punished by the rule. He received a gift with a value of $36, which was clearly above the P500.00
FMSSI —the PTC-owned company where de Leon was seconded — also had the exact same policy. threshold under the rule. Without doubt, therefore, de Leon's acts violated PTC's Code of Conduct.

On October 9, 2013, de Leon, along with a co-employee Aaron T. Brillante (Brillante), was caught on The rule was not vague and not unreasonable
CCTV accepting a brown bag from another employee Fred Rikko B. Adefuin (Adefuin). The brown bag
— which contained two bottles of Jack Daniel's Whiskey — came from Mr. Mustafa Acar (Acar), a friend The fact that it did not specify the origin of the gift or the purpose for which the gift was given did not
and co-employee of de Leon when he was still working in another vessel, the Oasis of the Seas. automatically mean that the rule was vague. It simply means that this "no-gift" policy of PTC was
absolute, that is, the origin or the purpose of the gift was irrelevant. In simple terms, the mere act of
Brillante testified that de Leon told Adefuin "not here, there are cctv and others might have a wrong idea offering or receiving a gift constitutes a violation.
about it," and de Leon then advised Adefuin to proceed to the rear section of the crewing operations
office. The rule is likewise not unreasonable.

De Leon’s contention: De Leon admitted it but he contended that it was not a violation of the company In its Comment, PTC explained the rationale for the rule. It cites the 2003 POEA Rules and Regulations
policy for it did not come from a crewmember but from an outsider. Governing the Recruitment of Seafarers (POEA Rules), the relevant portions of which state:

On November 22, 2013, De Leon received a written resolution from PTC notifying him of his termination. (For reference)
PTC also terminated the employment of Brillante.
PART V
De Leon filed a case for illegal dismissal with the labor arbiter. RECRUITMENT VIOLATION AND RELATED CASES
NLRC 1st decision: It found the penalty of dismissal too harsh and not commensurate to the act
committed, more so because it was done without wrongful intent. It also took into consideration the fact RULE I
that de Leon was an exemplary employee during his stint with PTC, as proved by the numerous awards he LEGAL ASSISTANCE AND ENFORCEMENT MEASURES
received. It held that de Leon was illegally dismissed.
Section 1. Acts Constituting Illegal Recruitment. Illegal recruitment shall mean any act of canvassing,
PTC filed a motion for reconsideration. enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract
NLRC 2nd decision: It reversed its decision noting that de Leon was well-aware of the company policy, services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a
yet he willfully violated the same. As the penalty provided under PTC's Code of Discipline was dismissal, non-licensee or non-holder of authority. Provided, that any such nonlicensee or non-holder who, in any
manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so employees and representatives that could possibly be construed as a violation of the rules above be given
engaged. the same degree of importance and dealt with similarly.

It shall likewise include the following acts committed by any person whether or not a holder of a license xxx Bearing in mind that PTC is accountable for the actions of its officials, employees and representatives
or authority: and that the offenses underscored in the POEA Rules carry the corresponding penalty of cancellation of
license for a single violation thereof, the strict implementation of company rules and regulations is
a. Charging or accepting directly or indirectly any amount of money, goods or services, or any fee or bond indispensable.
for any purpose from an applicant seafarer;
xxxx The Court agrees with the above explanation of PTC. Indeed, in light of the strict provisions of the POEA
Rules, it was reasonable for PTC to protect itself by crafting its Code of Discipline that imposes the
RULE II supreme penalty of dismissal for those who commit acts that, if construed to be PTC's, would merit the
RECRUITMENT VIOLATIONS AND RELATED CASES cancellation of its license. Thus, as it is recognized that company policies and regulations, unless shown to
be grossly oppressive or contrary to law, are generally valid and binding on the parties and must be
xxxx complied with until finally revised or amended, the dismissal of de Leon — hinged on a rule that provides
for dismissal even on the first instance of violation — should therefore be upheld.
Section 2. Grounds for imposition of administrative sanctions:

a. Charging, imposing or accepting directly or indirectly, any amount of money goods or services, or any
fee or bond for any purpose from an applicant seafarer;

xxxx

RULE V
CLASSIFICATION OF OFFENSES
AND SCHEDULE OF PENALTIES

Section 1. Classification of Offenses. Administrative offenses are classified into serious, less serious and
light, depending on their gravity. The Administration shall impose the appropriate administrative penalties
for every recruitment violation.

A. The following are serious offenses with their corresponding penalties:

1. Engaging in act/s of misrepresentation for the purpose of securing a license or renewal thereof, such as
giving false information or documents

1st Offense - Cancellation of License

2. Engaging in the recruitment or placement of seafarers in jobs harmful to public health or morality or to
dignity of the Republic of the Philippines

1st Offense - Cancellation of License

3. Transfer or change of ownership of a single proprietorship licensed to engage in overseas employment

1st Offense — Cancellation of License

4. Charging or accepting directly or indirectly any amount of money, goods or services, or any fee or bond
for any purpose from the seafarers.

1st Offense - Cancellation of License

The penalty shall carry the accessory penalty of refund of the fee charged or collected from the worker.
(emphases and underscoring supplied)

PTC explains:
In view of the POEA's strict requirements and the severity of the corresponding penalty imposed at the
first instance, it is only just and reasonable for PTC to take measures to ensure that any act of its officials,
AUTHORITY TO ARREST FOR ILLEGAL RECRUITMENT

SALAZAR v. ACHACOSO
G.R. No. 81510 | March 14, 1990

FACTS: On November 3, 1987, having ascertained that the petitioner had no license to operate a
recruitment agency, the POEA Administrator issued Closure and Seizure Order No. 1205, ordering the
closure of the alleged recruitment agency, now the petitioner, and the seizure of documents and
paraphernalia being used or intended to be used in committing illegal recruitment. Pursuant to said order,
a team of POEA people swooped down at the residence of petitioner and at a dance studio inside the
residence and confiscated assorted costumes. Petitioner wrote POEA, contesting the legality of the seizure
of her personal property because the seizure was contrary to the constitutional guarantees of due process
and the right of the people “against unreasonable searches and seizure.”

ISSUE: WON the POEA may validly issue warrants of search and seizure (or arrest) under Art. 38 of the
LC.

RULING: NO. The Secretary of Labor, not being a judge, may no longer issue search or arrest warrants.
Hence, the authorities must go through the judicial process. To that extent, we declare Article 38,
paragraph (c), of the Labor Code, unconstitutional and of no force and effect.

Moreover, the search and seizure order in question, assuming, ex gratia argumenti, that it was validly
issued, is clearly in the nature of a general warrant. A warrant must identify clearly the things to be seized,
otherwise, it is null and void

For the guidance of the bench and the bar, we reaffirm the following principles:
(1) Under Article III, Section 2, of the l987 Constitution, it is only judges, and no other, who may issue
warrants of arrest and search:
(2) The exception is in cases of deportation of illegal and undesirable aliens, whom the President or the
Commissioner of Immigration may order arrested, following a final order of deportation, for the purpose
of deportation.
EMPLOYMENT OF NON-RESIDENT ALIENS take it that the nationality of the additional laborers to be taken in is immaterial to the petitioner. In its
application for permission to employ twelve temporary laborers it expressly says that these could be
CHUAN & SONS v. CIR Filipinos or Chinese. On the face of this statement, assuming the same to be sincere, the petitioner
G.R. No. L-2216 | January 31, 1950 objection to the condition imposed by the court would appear to be academic and a trifle.

FACTS: Dee C. Chuan & Sons, Inc. assails the validity of an order of the Court of Industrial Relations.
The order made upon petitioner's request for authority to hire" about twelve (12) more laborers from time
to time and on a temporary basis," contains the proviso that "the majority of the laborers to be employed
should be native." The petition was filed pending settlement by the court of a labor dispute between the
petitioner and Kaisahan Ng Mga Manggagawa sa Kahoy sa Pilipinas.

At the outset, the appellant takes exception to the finding of the court below that Dee C. Chuan & Sons,
Inc. is capitalized with foreign descent.

ISSUE/S:
(1) Is petitioner entitled to challenge the constitutionality of the order on the ground of denial of equal
protection of laws insofar as it restricts the number of aliens that may be employed. – NO.

(2) Does the order restrain the petitioner’s right to hire labor.
–NO.

RULING: It is next said that "The Court of Industrial Relations cannot intervene in questions of selection
of employees and workers so as to impose unconstitutional restrictions," and that "The restrictions of the
number of aliens that nay be employed in any business, occupation, trade or profession of any kind, is a
denial of the equal protection of the laws." Although the brief does not name the persons who are
supposed to be deployed.

But is petitioner entitled to challenge the constitutionality of a law or an order which does not adversely
affect it, in behalf of aliens who are prejudiced thereby? The answer is not in doubt. An alien may
question the constitutionality of a statute (or court order) only when and so far as it is being, or is about to
be, applied to his disadvantage.

The prospective employees whom the petitioner may contemplate employing have not come forward to
seek redress; their identity has not even been revealed. Clearly the petitioner has no case in so far as it
strives to protect the rights of others, much less others who are unknown and undetermined.
The petitioner is within its legitimate sphere of interest when it complains that the appealed order restrains
it in its liberty to engage the men it pleases.

That the employer's right to hire labor is not absolute has to be admitted. "This privilege of hiring and
firing ad libitum is, of course, being subjected to restraints today." Statutes are cutting in on it. And so
does Commonwealth Act No. 103. The regulations of the hours of labor of employees and of the
employment of women and children are familiar examples of the limitation of the employer's right in this
regard. The petitioner's request for permission to employ additional; laborers is an implicit recognition of
the correctness of the proposition.

“Commonwealth Act No. 103 has precisely vested the Court of Industrial Relations with authority to
intervene in all disputes between employees or strikes arising from the difference as regards wages,
compensation, and other labor conditions which it may take cognizance of."

Thus it has jurisdiction to determine the number of men to be laid off during off-seasons. By the same
token, the court may specify that a certain proportion of the additional laborers to be employed should be
Filipinos, if such condition, in the court's opinion, "is necessary or expedient for the purpose of settling
disputes or doing justice to the parties."

As far as the petitioner is concerned, the requirement that majority of the laborers to be employed should
be Filipinos is certain not arbitrary, unreasonable or unjust. The petitioner's right to employ labor or to
make contract with respect thereto is not unreasonably curtailed and its interest is not jeopardized. We
GENERAL MILLING v. TORRES
G.R. No. 93666 | April 22, 1991

FACTS: The Department of Labor issued an alien employment permit in favor of Earl Timothy Cone, a
US citizen, as sports consultant and assistant coach for General Milling.

Later, the Board of Special Inquiry of the Commission on Immigration and Deportation approved Cone’s
application for a change of admission status from temporary visitor to pre-arranged employee.

A month later, GMC requested renewal of Cone’s alien employment permit and that it be allowed to
employ Cone as full-fledged coach. The DOLE Regional Director granted the request.

The Basketball Coaches Association of the Philippines appealed the issuance of said permit to the
Secretary of Labor who canceled Cone’s employment permit because GMC failed to show that there was
no person in the Philippines who was competent and willing to do the services required nor that the hiring
of Cone would redound to the national interest.

ISSUE:
(1) WON, the Secretary of Labor committed GAOD in revoking Cone’s alien employment permit. – NO.

(2) WON, the Secretary of Labor is not authorized to take into account the question of whether the
employment of the alien would “redound to the national interest”

RULING: Petitioners will not find solace in the equal protection clause of the Constitution. As pointed
out by the Solicitor-General, no comparison can be made between petitioner Cone and Mr. Norman Black
as the latter is "a long time resident of the country," and thus, not subject to the provisions of Article 40 of
the Labor Code which apply only to "non-resident aliens." In any case, the term "non-resident alien" and
its obverse "resident alien," here must be given their technical connotation under our law on immigration.

The Labor Code itself specifically empowers respondent Secretary to make a determination as to the
availability of the services of a "person in the Philippines who is competent, able and willing at the time of
application to perform the services for which an alien is desired."

In short, the Department of Labor is the agency vested with jurisdiction to determine the question of
availability of local workers. The constitutional validity of legal provisions granting such jurisdiction and
authority and requiring proof of non-availability of local nationals able to carry out the duties of the
position involved, cannot be seriously questioned.

In the first place, the second paragraph of Article 40 says: "[t]he employment permit may be issued to a
non-resident alien or to the applicant employer after a determination of the non-availability of a person in
the Philippines who is competent, able and willing at the time of application to perform the services for
which the alien is desired." The permissive language employed in the Labor Code indicates that the
authority granted involves the exercise of discretion on the part of the issuing authority. In the second
place, Article 12 of the Labor Code sets forth a statement of objectives that the Secretary of Labor should,
and indeed must, take into account in exercising his authority and jurisdiction granted by the Labor Code.
ALMODIEL v. NLRC
G.R. No. 100641 | June 14, 1993

FACTS: The crux of the controversy lies on whether bad faith, malice and irregularity crept in the
abolition of petitioner's position of Cost Accounting Manager on the ground of redundancy. Petitioner
claims that the functions of his position were absorbed by the Payroll/Mis/Finance Department under the
management of Danny Ang Tan Chai, a resident alien without any working permit from the Department of
Labor and Employment as required by law.

ISSUE: WON, a resident alien is required to have a employment permit.

RULING: Destitute of merit is petitioner's imputation of unlawful discrimination when Raytheon caused
corollary functions appertaining to cost accounting to be absorbed by Danny Ang Tan Chai, a resident
alien without a working permit. Article 40 of the Labor Code which requires employment permit refers to
non-resident aliens. The employment permit is required for entry into the country for employment
purposes and is issued after determination of the non-availability of a person in the Philippines who is
competent, able and willing at the time of application to perform the services for which the alien is
desired. Since Ang Tan Chai is a resident alien, he does not fall within the ambit of the provision.
 HUMAN RESOURCES DEVELOPMENT AND SPECIAL TYPES OF EMPLOYEES skills development activities by the public and private sectors. These committees shall likewise serve as
the Technical Education and Skills Development Committees of the Regional and local development
Republic Act No. 7796, also known as the TESDA Act of 1994 councils. The compositions of the Technical Education and Skills development Committees shall be
determined by the Director-General subject to the guidelines to be promulgated by the Authority.
Q: What is TESDA? (Technical Education and Skills Development Authority)
A: Under Section 5 of R.A. 7796 there is hereby created a Technical Education and Skills Development Skills Development Centers.
Authority (TESDA), hereinafter referred to as the Authority, which shall replace and absorb the National Under Section 20 of R.A. 7796, The Authority shall strengthen the network of national, regional and local
Manpower and Youth Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and skills training centers for the purpose of promoting skills development. This network shall include skills
the personnel and functions pertaining to technical-vocational education in the regional offices of the training centers in vocational and technical schools, technical institutes, polytechnic colleges, and all other
Department of Education, Culture and Sports (DECS) and the apprenticeship program of the Bureau of duly accredited public and private dual system educational institutions. The technical education and skills
Local Employment of the Department of Labor and Employment. development centers shall be administered and operated under such rules and regulations as may be
established by the Authority in accordance with the National Technical Education and Skills
Q: What are the predecessor agencies of TESDA? Development Plan.
A:
1. National Manpower and Youth Council (NMYC) TRAINING & EMPLOYMENT OF SPECIAL WORKERS
2. Bureau of Technical and VOcational Education (BTVE)
3. Personnel and Functions pertaining to technical-vocation education of the Department of Article 57. Statement of objectives. This Title aims:
Education, Culture and Sports (DECS) ● To help meet the demand of the economy for trained manpower;
4. Apprenticeship Program of the Bureau of Local Employment of the Department of Labor and ● To establish a national apprenticeship program through the participation of employers, workers and gover
Employment (DOLE) ● To establish apprenticeship standards for the protection of apprentices.

Q: What are the Composition of the TESDA Board? Article 58. Definition of Terms. As used in this Title:
A: Under Sec. 7 of R.A. 7796, the TESDA Board shall be composed of the following: "Apprenticeship" means practical training on the job supplemented by related theoretical instruction.

1. The Secretary of Labor and Employment An "apprentice" is a worker who is covered by a written apprenticeship agreement with an individual employer or a
2. Chairperson
3. Secretary of Education, Culture and Sports An "apprenticeable occupation" means any trade, form of employment or occupation which requires more than thre
4. Co-Chairperson
5. Secretary of Trade and Industry "Apprenticeship agreement" is an employment contract wherein the employer binds himself to train the apprentice
6. Co-Chairperson
7. Secretary of Agriculture Member Article 59. Qualifications of apprentice. To qualify as an apprentice, a person shall:
8. Secretary of Interior and Local Government
9. Member ● Be at least fourteen (14) years of age;
10. Director-General of the TESDA Secretariat ● Possess vocational aptitude and capacity for appropriate tests; and
11. Member ● Possess the ability to comprehend and follow oral and written instructions.
● Trade and industry associations may recommend to the Secretary of Labor appropriate educational require
In addition, the President of the Philippines shall appoint the following members from the private sector:
Article 60. Employment of apprentices. Only employers in the highly technical industries may employ apprentic
amended by Section 1, Executive Order No. 111, December 24, 1986)
1. Two (2) representatives, from the employer/industry organization, one of whom shall be a
woman; Article 61. Contents of apprenticeship agreements. Apprenticeship agreements, including the wage rates of appr
2. Three (3) representatives, from the labor sector, one of whom shall be a woman; and apprenticeship shall not exceed six months. Apprenticeship agreements providing for wage rates below the legal m
3. Two (2) representatives of the national associations of private technical-vocational education entered into only in accordance with apprenticeship programs duly approved by the Secretary of Labor and Employm
and training institutions, one of whom shall be a women. 1, Executive Order No. 111, December 24, 1986)
As soon as all the members of the private sector are appointed, they shall so organized themselves that the Article 62. Signing of apprenticeship agreement. Every apprenticeship agreement shall be signed by the employer
term of office of one-third (1/3) of their number shall expire every year. The member from the private groups and by the apprentice.
sector appointed thereafter to fill vacancies caused by expiration of terms shall hold office for three (3)
years. An apprenticeship agreement with a minor shall be signed in his behalf by his parent or guardian, if the latter is no
during its lifetime.
The President of the Philippines may, however, revise the membership of the TESDA Board, whenever
the President deems it necessary for the effective performance of the Board’s functions through an Every apprenticeship agreement entered into under this Title shall be ratified by the appropriate apprenticeship comm
administrative order.
Article 63. Venue of apprenticeship programs. Any firm, employer, group or association, industry organization o
Technical Education and Skills Development Committees apprenticeship schemes as the training venue for apprentice:
Under Section 19 of R.A. 7796, The Authority shall establish Technical Education and Skills ● Apprenticeship conducted entirely by and within the sponsoring firm, establishment or entity;
Development Committees at the regional and local levels to coordinate and monitor the delivery of all ● Apprenticeship entirely within a Department of Labor and Employment training center or other public tra
 Note:
● Initial training in trade fundamentals in a training center or other institution with subsequent actual work participation within72theofsponsoring
Correlate Section the Laborfirm or on
Code entity during thewithout
Apprentices final stage of training. with Book III, Rule X,
compensation
Section 14 of the Omnibus Rules on the Implementation of the Labor Code which states that:
Article 64. Sponsoring of apprenticeship program. Any of the apprenticeship schemes recognized herein may be undertaken or sponsored by a single employer or firm or by a group or association thereof or by a civic
organization. Actual training of apprentices may be undertaken: SECTION 14. Working scholars. — There is no employer-employee relationship between students on one
● In the premises of the sponsoring employer in the case of individual apprenticeship programs; hand, and schools, colleges or universities on the other, where there is written agreement between them
● In the premises of one or several designated firms in the case of programs sponsored by a group or association
underofwhich
employers or by agree
the former a civictoorganization;
work for theorlatter in exchange for the privilege to study free of charge,
● In a Department of Labor and Employment training center or other public training institution. provided the students are given real opportunities, including such facilities as may be reasonable and
necessary to finish their chosen courses under such agreement.
Article 65. Investigation of violation of apprenticeship agreement. Upon complaint of any interested person or upon its own initiative, the appropriate agency of the Department of Labor and Employment or its authorized
representative shall investigate any violation of an apprenticeship agreement pursuant to such rules and regulations as may be prescribed by the Secretary of Labor and Employment.
Article 73. Learners defined. Learners are persons hired as trainees in semi-skilled and other industrial occupatio
Article 66. Appeal to the Secretary of Labor and Employment. The decision of the authorized agency of the Department relatively
of Labor
short
andperiod
Employment
of time which
may beshall
appealed
not exceed
by anythree
aggrieved
(3) months.
person to the Secretary of Labor and
Employment within five (5) days from receipt of the decision. The decision of the Secretary of Labor and Employment shall be final and executory.
Article 74. When learners may be hired. Learners may be employed when no experienced workers are available,
Article 67. Exhaustion of administrative remedies. No person shall institute any action for the enforcement of any employment
apprenticeshipdoes
agreement
not createorunfair
damagescompetition
for breachin terms
of anyofsuch
laboragreement,
costs or impair
unlessorhe
lower
has working
exhaustedstandards.
all
available administrative remedies.
Article 75. Learnership agreement. Any employer desiring to employ learners shall enter into a learnership agreemen
Article 68. Aptitude testing of applicants. Consonant with the minimum qualifications of apprentice-applicants required under this Chapter, employers or entities with duly recognized apprenticeship programs shall have
primary responsibility for providing appropriate aptitude tests in the selection of apprentices. If they do not have adequate facilities
● Thefor
names
the purpose,
and addresses
the Department
of the learners;
of Labor and Employment shall perform the service free
of charge. ● The duration of the learnership period, which shall not exceed three (3) months;
● The wages or salary rates of the learners which shall begin at not less than seventy-five percent (75%) of t
Article 69. Responsibility for theoretical instruction. Supplementary theoretical instruction to apprentices in cases where the● program
A commitment
is undertaken
to employ
in the plant
the learners
may beifdone
theyby
so the
desire,
employer.
as regular
If the
employees
latter is not
upon
prepared
completion
to of the lear
assume the responsibility, the same may be delegated to an appropriate government agency. deemed regular employees if training is terminated by the employer before the end of the stipulated period
The learnership agreement shall be subject to inspection by the Secretary of Labor and Employment or his duly autho
Article 70. Voluntary organization of apprenticeship programs; exemptions.
Article 76. Learners in piecework. Learners employed in piece or incentive-rate jobs during the training period shall
The organization of apprenticeship program shall be primarily a voluntary undertaking by employers;
Article 77. Penalty clause. Any violation of this Chapter or its implementing rules and regulations shall be subject to
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. Learners as Appropriate
defined underrules
R.A.in7796
this connection shall be promulgated by the Secretary of Labor and
Employment as the need arises; and ● “Skills Development” shall mean the process through which learners and workers are
systematically provided with learning opportunities to acquire or upgrade, or both, their ability,
Where services of foreign technicians are utilized by private companies in apprenticeable trades, said companies are required to knowledge and behavior
set up appropriate pattern required
apprenticeship programs. as qualifications for a job or range of jobs in a given
occupational area;
●
Article 71. Deductibility of training costs. An additional deduction from taxable income of one-half (1/2) of the value of labor “Learners” refersincurred
training expenses to persons
for hired as trainees
developing in semi-skilled
the productivity and and other industrial
efficiency occupations
of apprentices shall
which are non-apprenticeable. Learnership programs must be approved by
be granted to the person or enterprise organizing an apprenticeship program: Provided, That such program is duly recognized by the Department of Labor and Employment: Provided, further, That such deduction shall not the Authority;
exceed ten (10%) percent of direct labor wage: and Provided, finally, That the person or enterprise who wishes to avail himself or itself of this incentive should pay his apprentices the minimum wage.
Article 78. Definition. Handicapped workers are those whose earning capacity is impaired by age or physical or men
Article 72. Apprentices without compensation. The Secretary of Labor and Employment may authorize the hiring of apprentices without compensation whose training on the job is required by the school or training
program curriculum or as requisite for graduation or board examination. Article 79. When employable. Handicapped workers may be employed when their employment is necessary to preve
or impair or lower working standards.

Article 80. Employment agreement. Any employer who employs handicapped workers shall enter into an employmen

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

Definition of Apprenticeship Under Section 4 of R.A. 7796: ● The rate to be paid the handicapped workers which shall not be less than seventy five (75%) percent of th
● The duration of employment period; and
● “Apprentice” is a person undergoing training for an approved apprenticeable occupation ● The work to be performed by handicapped workers.
during an apprenticeship agreement; ● The employment agreement shall be subject to inspection by the Secretary of Labor or his duly authorized
● “Apprenticeship Agreement” is a contract wherein a prospective employer binds himself to
train the apprentice who in turn accepts the terms of training for a recognized apprenticeable Article 81. Eligibility for apprenticeship. Subject to the appropriate provisions of this Code, handicapped workers ma
occupation emphasizing the rights, duties and responsibilities of each party; performance of job operations in the particular occupations for which they are hired.
● “Apprenticeable Occupation” is an occupation officially endorsed by a tripartite body and
approved for apprenticeable by the Authority; Provisions of R.A. 7277 or the Magna Carta for Disabled Persons.
SECTION 1. Title: This Act shall be known and cited as the Magna Carta for Disabled Persons. (j). Auxiliary Social Services are the supportive activities in the delivery of social services to the marginalized sector

SECTION 2. Declaration of Policy: The grant of the rights and privileges for disabled persons shall be guided by the following
(k). Marginalized
principles:
Disabled Persons refer to disabled persons who lack access to rehabilitative services and opportun
whose incomes fall below poverty threshold;
(a). Disabled persons are part of the Philippine society, thus the Senate shall give full support to the improvement of the total well-being of disabled persons and their integration into the mainstream of society.
(l). Qualified Individual with a Disability shall mean an individual with a disability who, with or without reasonabl
Toward this end, the State shall adopt policies ensuring the rehabilitation, self-development and self-reliance of disabled
holds
persons.
or desires. However, consideration shall be given to the employer’s judgement as to what functions of a job
applicants for the job, this description shall be considered evidence of the essential functions of the job;
It shall develop their skills and potentials to enable them to compete favorably for available opportunities.
(m). Readily Achievable means a goal can be easily attained and carried out without much difficulty or expense. In d
(b). Disabled persons have the same rights as other people to take their proper place in society. They should be able to live freely and as independently as possible. This must be the concern of everyone, the family,
community and all government and non-government organizations. Disabled person’s rights must never be perceived as 1) welfare
the nature
services
and cost
by of
thethe
Government.
action;
2) the overall financial resources of the facility or facilities involved in the action; the number of persons employed
(c). The rehabilitation of the disabled persons shall be the concern of the Government in order to foster their capabilityoperation
to attain
of the
a more
facility;
meaningful, productive and satisfying life. To reach out to a greater number of
disabled persons, the rehabilitation services and benefits shall be expanded beyond the traditional urban-based centers3)tothe community
overall financial
based programs,
resources ofthat
thewill
covered
ensureentity
full participation
with respect to
of the
different
numbersectors
of its as
employees;
supportedthe
by number, type
national and local government agencies.
4) the type of operation or operations of the covered entity, including the composition, structure and functions of
(d). The State also recognizes the role of the private sector in promoting the welfare of disabled persons and shall encourage
facilities
partnership
in questionin to
programs
the covered
that address
entity; their needs and concerns.

(e). To facilitate integration of disabled persons into the mainstream of society, the State shall advocate for and encourage
(n). Publicrespect
Transportation
for disabled
means
persons.
transportation
The Statebyshall
air, land
exertand
allsea
efforts
that provides
to removetheall
public
social,
with
cultural,
general or special se
economic, environmental and attitudinal barriers that are prejudicial to disabled persons.
(o). Covered entity means employer, employment agency, labor organization or joint labor-management committee;
SECTION 3. Coverage: This Act shall covers all disabled persons and, to the extend herein provided, departments, offices and agencies of the National Government or non-government organization involved in the
attainment of the objectives of this Act. (p). Commerce shall be taken to mean a s travel, trade, traffic, commerce, transportation, or communication among th

SECTION 4. Definition of Terms: For purposes of this Act, these terms are defined as follows: TITLE TWO RIGHTS AND PRIVILEG

(a). Disabled Persons are those suffering from restriction of different abilities, as a result of a mental, physical or sensory
CHAPTER impairment,
I – Employment
to perform an activity in the manner or within the range considered normal for a
human being;
SECTION 5. Equal Opportunity for Employment : No disabled persons shall be denied access to opportunities for s
(b). Impairment is any loss, diminution or aberration of psychological, physiological, or anatomical structure of function;
employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a quali
Department of Social Welfare and Development; Health; Education, Culture and Sports; and other government agenc
(c). Disability shall mean (1) a 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; SECTION 6. Sheltered Employment : If suitable employment for disabled persons cannot be found through open e
means of sheltered employment. In the placement of disabled persons in sheltered employment, it shall accord due r
(d). Handicap refers to a disadvantage for a given individual resulting from an impairment or a disability, that limits orand
prevents
efficient
theproduction.
functions or activity, that is considered normal given the age and sex of the individual;

(e). Rehabilitation is an integrated approach to physical, social, cultural, spiritual, educational and vocational measuresSECTION
that create 7.
conditions
Apprenticeship
for the individual
: Subject totothe
attain
provision
the highest
of thepossible
Labor Code
level of
as functional
amended, disabled
ability; persons shall be el
performance of job operations in the particular occupation for which they are hired; Provided, further, That after the
(f). Social Barriers refer to the characteristics of institutions, whether legal, economic, cultural, recreational or other,forany
employment.
human group, community, or society which limit the fullest possible participation of disabled
persons in the life of the group. Social barriers include negative attitudes which tends to single out and exclude disabled persons and which distort roles and interpersonal relationship;
SECTION 8. Incentives for Employer :
(g). Auxiliary Aids and Services include:
(a) To encourage the active participation of the private sector in promoting the welfare of disabled persons and to en
1) qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments; entities which employ disabled persons.
2) qualified readers, taped tests, or other effective methods of delivering materials to individuals with visual impairments;
3) acquisition or modification of equipment or devices; and (b). Private entities that employ disabled persons who meet the required skills or qualifications, either as regular
4) other similar services and actions or all types of aids and services that facilitate the learning process of people with mental
equivalent
disability;
to twenty-five percent (25%) of the total amount paid as salaries and wages to disabled persons: Provided,
disabled person are under their employ. Provided, further, That the disabled employee is accredited with the D
(h). Reasonable Accommodation include (1) improvement of existing facilities used by employees in order to renderqualifications.
these readily accessible to and usable by disabled persons; and (2) modification of work schedules,
reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations, the
provisions of auxiliary aids and services, and other similar accommodations for disabled persons; (c). Private entities that improved or modify their physical facilities in order to provide reasonable accommodatio
equivalent to fifty percent (50%) of the direct costs of the improvements or modifications. This section, however, doe
(i). Sheltered Employment refers to the provision of productive work for disabled persons through workshop providing special facilities, income producing projects or homework schemes with a view to given them the
opportunity to earn a living thus enabling them to acquire a working capacity required in open industry. SECTION 9. Vocational Rehabilitation : Consistent with the principle of equal opportunity for disabled workers and
develop the skills and potential of disabled persons and enable them to compete favorably for available productive
ensure the provisions of vocational rehabilitation and livelihood services for disabled persons in the rural areas. In addition, it shall promote cooperation and coordination between the government and non-government
organization and other private entities engaged in vocational rehabilitation activities. (a). prevention of disability through immunization, nutrition, environmental protection and preservation, and genetic

The Department of Social Welfare and Development shall design and implement training programs that will provide disabled(b). medical
persons
treatment
with vocational
and rehabilitation.
skills to enable
The Department
them to engage
of Health
in livelihood
shall field
activities
medical orpersonnel
obtain gainful
specializing in th
employment. The Department of Labor and Employment shall likewise design and conduct training programs geared towards health centers.
providing
It shall
disabled
also train
persons
its field
with health
skills for
personnel
livelihood.
in the provision of medical attention to disabled persons. It
appliances on disabled persons.
SECTION 10. Vocational Guidance and Counselling : The Department of Social Welfare and Development shall implement measures providing and evaluating vocational guidance and counselling to enable disabled
persons to secure, retain and advance in employment. It shall ensure the availability and training counsellors and other suitability qualified staff responsible for the vocational guidance and counselling of disabled persons.

SECTION 11. Implementing Rules and Regulations : The Department of Labor and Employment shall in coordination with the Department of Social Welfare and Development (DSWD) and National Council for the
Welfare of Disabled Persons (NCWDP), shall promulgate the rules and regulations necessary to implement the provision
CHAPTER
under this
4 Chapter.
Auxiliary Social Services

CHAPTER 2 – Education SECTION 21. Auxiliary Social Services : The State shall ensure that marginalized persons are provided with the nec
Toward this end, the Department of Social Welfare and Development shall develop and implement programs on auxi
SECTION 12. Access to Quality Education : The State shall ensure that disabled persons are provided with adequate a program
access toshall
qualitybe as
education
follows: and ample opportunities to develop their skills. It shall take appropriate
steps to make such education accessible to all disabled persons. It shall be unlawful for any learning institutions to deny a disabled person admission to any course it offers by reason of handicap or disability. The State
shall take into consideration the special requirements of disabled persons in the formulation of education policies and (a).program.
assistanceItinshall
the acquisition
encourage learning
of prosthetic
institutions
devicestoand
take
medical
into account
intervention
the special
of specialty
needsservices;
of disabled
persons with respect to the use of school facilities, class schedules, physical education requirements and other pertinent consideration. The State shall also promote the provision by learning institutions, of auxiliary
services that will facilitate the learning process for disabled persons. (b). provision of specialized training activities designed to improved functional limitations of disabled persons relate

SECTION 13. Assistance to Disabled Students : The State shall provide financial assistance to economically marginalized
(c). development
but deserving
among
disabled
disabled
students
persons
pursuing
of a positive
post secondary
self-imageorthrough
tertiarythe
education.
provisionSuch
of counselling,
assistance orientation an
may be in the form of scholarship grants, student loan programs, subsidies, and other incentives to qualified disabled students in both public and private schools. At least five percent (5%) of the allocation for the Private
Education Student Financial Assistance Program created by virtue of R.A. 6728 shall be set aside for disabled students(d).
pursuing
provision
vocational
of family
or care
technical
services
andgeared
degreetowards
courses.developing the capability of families to respond to the needs of

SECTION 14. Special Education : The State shall establish, maintain and support a complete, adequate and integrated(e). system
provision
of special
of substitute
educationfamily
for the
care
visually
services
impaired,
and the hearing
facilitiesimpaired,
thereforementally
for abandoned,
retardedneglected,
persons and
abused and unat
other type of exceptional children in all regions of the country. Towards this end, the Department of Education, Culture and Sports shall establish special education classes in public schools in cities, or municipalities. It
shall also establish, where viable, Braille and Record Libraries in provinces, cities or municipalities. The National (f).
Government
provision shall
of after
allocate
care and
funds
follow-up
necessary
services
for the
foreffective
the continued
implementation
rehabilitation
of in
thea special
community-based
education setting of dis
program nationwide. Local government units may likewise appropriate counterpart funds to supplement national funds.
(g). provision of day care services for disabled children of pre-school age.
SECTION 15. Vocational or Technical and Other Training Programs : The State provide disabled persons with training in civics, vocational efficiency, sports and physical fitness, and other skills. The Department of
Education, Culture and Sports shall establish in at least one government-owned vocational and technical school in every CHAPTER
province5 a– special
Telecommunications
vocational and technical training program for disabled persons. It shall develop
and implement sports and physical fitness program specifically designed for disabled persons taking into consideration the nature of their handicap.
SECTION 22. Broadcast Media : Television stations shall be encouraged to provide a sign language inset or s
SECTION 16. Non-Formal Education : The State shall develop nonformal education programs intended for the totalsignificance.
human development of disabled persons. It shall provide adequate resources for non-formal education
programs and projects that cater to the special needs of disabled persons.
SECTION 23. Telephone Services : All telephone companies shall be encouraged to install special telephone devi
SECTION 17. State Universities and Colleges : If viable and needed, the State Universities or State Colleges in each communicate
region or province
throughshall
the telephone
be responsible
system.for (a) the development of material appliances and technical
aids for disabled persons; (b) the development of training materials for vocational rehabilitation and special education instructions; and (c) the research on special problems, particularly of the visually-impaired, hearing-
impaired, and orthopedically-impaired students, mentally retarded, and multi-handicapped and other, and the elimination SECTION of social
24. Free
barriers
Postal
andCharges
discrimination
for the Disabled
against disabled
: Postal charges
persons;shall
and be
(d)free
inclusion
on the following:
of the Special
Education for Disabled (SPED) course in the curriculum. The National Government shall provide these state universities and colleges with the necessary special facilities for visually-impaired, hearing impaired, speech
impaired, and orthopedically-impaired students. It shall likewise allocate the necessary funds in support of the above. (a). article and literature like books and periodicals, orthopedic and other devices, and teaching aids for the use of the

CHAPTER 3 – Health (b). aids and orthopedic devices for the disabled sent abroad by mail for repair; Provided, That the aforesaid items
certified by the Social Welfare and Development Office of the local government unit concerned or the Department of
SECTION 18. National Health Program : The Department of Health, in coordination with National Council for the Welfare of Disabled Persons, shall institute a national health program which shall aim to attain the
following: CHAPTER 6 – Accessibility

(a). prevention of disability, whether occurring prenatally or post-natally; SECTION 25. Barrier-Free Environment : The State shall ensure the attainment of a barrier-free environment that
(b). recognition and early diagnosis of disability; and other places mentioned in Batas Pambansa Bilang 344, otherwise known as the Accessibility Law. The nation
(c). early rehabilitation of the disabled. disabled persons in government buildings and facilities.

SECTION 19. Rehabilitation Centers : The Department of Health shall establish medical rehabilitation centers in government
SECTION 26. provincial
Mobilityhospitals,
: The State
and promote
shall include
the mobility
it annualofappropriation
disabled persons.
the necessary
Disabledfunds
persons
for shall
the be allowed
operation of such centers. The Department of Health shall formulate and implement a program to enable marginalized pertinent
disabled persons
to the nature
to avail
of their
of free
disability
rehabilitation
and theservices
appropriate
in government
adaptationshospitals.
or modifications made on such vehicles.

SECTION 20. Health Services : The State shall protect and promote the right to health of disabled persons and shall adopt
SECTION
an integrated
27. Access
and comprehensive
to Public Transport
approach
Facilities
to their: health
The Department
developmentof which
Social shall
Welfare
makeand
essential
Development shall
health services available to them at affordable cost. The National Government shall provide an integrated health service
facilities.
for disabled
Suchpersons
assistance
which
mayshall
be in
include,
the form
butofnot
subsidized
limited to,transportation
the following:fare. The said department shall also alloc
the disabled persons. The Accessibility Law as amended, shall be made supplementary to this Act.
4). the results of such examination are used only accordance with this Act.
SECTION 28. Implementing Rules and Regulations : The Department of Transportation and Communications shall formulate the rules and regulations necessary to implement the provision of this Chapter.
CHPTER 2 Discrimination on Transportation
CHAPTER 7 Political and Civil Rights
SECTION 34. Public Transportation : It shall be considered discrimination for the franchises or operators and person
SECTION 29. System of Voting : Disabled persons shall be allowed to be assisted by a person of his choice in voting his in
orthopedic
the national
devices,
or local
personal
elections.
effects,
Theand
person
merchandise
thus chosen
by reason
shall prepare
of his disability.
ballot for the disabled voter
inside the voting booth. The person assisting shall bind himself in a formal document under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot
prepared by him. Violation of this provision shall constitute an election offense. Polling places should be made accessible
CHAPTER
to disabled
3 persons
Discrimination
during theonnational
the Useoroflocal
Public
elections.
Accommodations and Services

SECTION 30. Right to Assemble : Consistent with the provisions of the Constitution, the State shall recognize the right SECTION
of disabled
35. Public
personsAccommodations
to participate in processions,
and Services rallies,
: For purposes
parades,ofdemonstrations,
this Chapter, public
publicaccommodations
meetings, and ser
and assemblages or other forms of mass or concerted action held in public.
(a). an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that conta
SECTION 31. Right to Organize : The State recognize the rights of disabled persons to form organizations or associationsestablishment
that promote
as the residence
their welfare
of such
and proprietor;
advance or safeguard their interests. The National Government,
through its agencies, instrumentalities and subdivisions, shall assist disabled persons in establishing self-help organizations by providing them with necessary technical and financial assistance. Concerned government
agencies and offices shall establish close linkages with organizations of disabled persons in order to respond expeditiously
(b). a restaurant,
to the needs
barofordisabled
other establishment
persons. National
servingline
foodagencies
or drink;
and local government units shall assist
disabled persons in setting up specific projects that will be managed like business propositions. To ensure the active participation of disabled persons in the social economic development of the country, their organizations
shall be encouraged to participate in the planning, organization and management of government programs and projects (c). afor
motion
disabled
picture,
persons.
theater,
Organizations
concert hall,ofstadium,
disabledorpersons
other place
shallofparticipate
exhibitioninorthe
entertainment;
identification and
preparation of programs that shall serve to develop employment opportunities for the disabled persons.
(d). an auditorium, convention center, lecture hall, or other place of public gathering;
TITLE THREE PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS
(e). a bakery, grocery store, hardware store, shopping center, or other sales or rental establishment;
CHAPTER 1 Discrimination on Employment
(f). a bank, barber-shop, beauty-shop, travel service, funeral parlor, gas station, office of a lawyer, pharmacy, insuran
SECTION 32. Discrimination on Employment : No entity, whether public or private, shall discriminate against a qualified disabled person by reason of disability in regard to job application procedures, the hiring,
promotion, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges (g).ofaemployment.
terminal, depot,
Theorfollowing
other station
constitute
used foracts
specified
of discrimination:
public transportation;

(a). Limiting, segregating or classifying a disabled job applicant in such a manner that adversely affects his work opportunities;
(h). a museum, gallery, library or other place of public display or collection;
(b). Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out a disabled person unless such standards, tests or other selection criteria are shown to be jobrelated for the
position on question and are consistent with business necessity; (i). a park, zoo, amusement park, or other place of recreation;
(c). Utilizing standards, criteria, or methods of administration that:
1). have the effect of discrimination on the basis of disability; or (j). a nursery, elementary, secondary, undergraduate, or post-graduate private school, or other place of education;
2). perpetuate the discrimination of others who are subject to common administrative control;
(k). a gymnasium, health spa, bowling alley, golf course; or
(d). Providing less compensation, such as salary, wage or other forms of remuneration and fringe benefits, to a qualified disabled employee, by reason of his disability, than the amount to which a non-disabled person
performing the same work is entitled; (l). other place of exercise or recreation.
(e). Favoring a non-disabled employee over a qualified disabled employee with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latter’s disability;
(f). Re-assigning or transferring a disabled employee to a job or position he cannot perform by reason of his disability;SECTION 36. Discrimination on the Use of Public Accommodations
(g). Dismissing or terminating the services of a disabled employee by reason of his disability unless the employer can prove that he impairs the satisfactory performance of the work involve to the prejudice of the business
entities; Provided, however, That the employer first sought provide reasonable accommodations for disabled persons; (a) No disabled persons shall be discriminated on the basis of disability in the full and equal enjoyment of the goods,
(h). Failing to select or administer in the effective manner employment tests which accurately reflect the skills, aptitude
anyorperson
other who
factor
owns,
of the
leases,
disabled
or operates
applicant
a place
or employee
of public
that
accommodation.
such test purports
Thetofollowing
measure,constitute
rather than
acts of discrimi
the impaired sensory, manual or speaking skills of such applicant or employee, if any; and
(i). Excluding disabled persons from membership in labor unions or similar organization. 1). denying a disabled person, directly through contractual, licensing, or other arrangement, the opportunity to parti
entity by reason of his disability;
SECTION 33. Employment Entrance Examination : Upon an offer of employment, a disabled applicant may be subjected 2). affording
to medicala disabled
examination,
person,
on the
on following
the basis of
occasions:
his disability, directly or through contractual, licensing, or other a
advantage, or accommodation that is not equal to that afforded to other able-bodied persons; and
(a). all entering employees are subjected to such an examination regardless of disability; 3). providing disability, directly or through contractual, licensing, or other arrangement, with a good, service, facility
bodied persons unless such action is necessary to provide the disabled person with a good, service, facility, advantag
(b). information obtained during the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, Provided,
however, That: For purpose of this section, the term individuals or class individuals refers to the clients or customers of the covered

1). supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employees(b).
andIntegrated
necessarySettings
accommodations;
: Goods, services, facilities, advantages, and accommodations shall be afforded to an individu

2). first aid and safety personnel my be informed, when appropriate, if the disability might require emergency treatment;
(c). Opportunity to Participate : Not withstanding the existence of separate or different programs or activities provid
participate in such programs or activities that are not separate or different.
3). government officials investigating compliance with this Act shall be provided relevant information on request; and
 (d). Association : It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, advantages, privileges, accommodations or other opportunities to an individual or entity because of the known
disability of an individual with whom the individual or entity is known to have a relationship or association. "For purposes of this Act, poor but deserving students refer to those whose parents' combined income, together with
the preceding year as may be determined by the National Economic and Development Authority (NEDA). Employm
(e). Prohibitions : For purposes of this Section, the following shall be considered as discriminatory. Office (PESO).

1). The imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability
"Participating
or any class
employers
or individuals
in coordination
with disabilities
with the from
PESO, fully
must
and
inform
equally
their
enjoying
SPES employees
and goods,ofservices,
their rights, benefits,
facilities, privileges, advantages, accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, or accommodations being offered;
Section 2. Section 2 of the same Act is hereby amended to read as follows:
2). A failure to make reasonable modifications in policies, practices, or procedures, when such modification are necessary to afford such goods, services, facilities, privileges, advantages or accommodations to individuals
with disabilities, unless the entity can demonstrate that making such modification would fundamentally alter the nature"SEC.
of the2.goods,
Sixty facilities,
per centum services,
(60%) of
privileges,
the said advantages,
salary or wageor accommodations;
shall be paid by the employers in cash and forty per cen
students' tuition fees and books in any educational institution for secondary, tertiary, vocational or technical educatio
3). Failure to take steps as may be necessary to ensure that no individual with disability is excluded, denied services,orsegregated
wages. Theoramount
otherwise
of the
treated
education
differently
vouchers
thanshall
otherbeindividuals
paid by thebecause
government
of thetoabsence
the educational
of auxiliary
institutions conc
aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good,
Finance.
service, facility, privilege or would result in undue burden;

4). A failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities,
"The where
vouchers
suchshall
removal
not beistransferable
readily achievable;
except when
and the payees thereof dies or for a justifiable cause stops in his duti
be paid his heirs or to the payee himself, as the case may be."
5). Where an entity can demonstrate that the removal of a barrier under clause (4) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through
alternative methods if such methods are readily achievable. Section 3. Section 3 of the same Act is hereby amended to read as follows:

SECTION 37. Use of Government Recreational or Sports Centers "SEC. 3. The Secretary of Labor and Employment, the Secretary of Education, the Chairman of the Commission
Development and the Secretary of Finance shall issue the corresponding rules and regulations to carry out the purpos
Free of Charge : Recreational or sports centers owned or operated by the Government shall be used, free of charge, by marginalized disabled persons during their social, sports or recreation activities.
"The Secretary of Labor and Employment shall be the Program Chairman."
SECTION 38. Implementing Rules and Regulations : The Department of Public Works and Highway shall formulate the rules and regulations necessary to implement the provisions of this Chapter.
Section 4. Section 4 of the same Act is hereby amended to read as follows:
TITLE FOUR FINAL PROVISIONS
"SEC. 4. Any persons or entity who refuses to honor education vouchers or makes any fraudulent or fictitious claim
SECTION 39. Housing Program : The National Government shall take into consideration in its national shelter programs imprisonment
the specialof
housing
not less
requirement
than six (6)ofmonths
disabledand
persons.
not more than one (1) year and a fine of not less than Ten thou
punishable under the Revised Penal Code or any other penal statute.
SECTION 40. Role of National Agencies and Local Government Units : Local government units shall promote the establishment of organizations of disabled persons in their respective territorial jurisdictions. National
agencies and local government units may enter into joint ventures with organizations or associations of disabled persons
"In case
to explore
of partnerships
livelihood
or corporations,
opportunitiesthe
andmanaging
other undertaking
partner, general
that shall
manager,
enhanceor the
chiefhealth,
executive
physical
officer, as the cas
fitness and the economic and social well-being of disabled persons.
Section 5. Section 5 of the same Act is hereby amended to read as follows:
SECTION 41. Support From Non-government Organizations : Non-government organizations or private volunteer organizations dedicated to the purpose of promoting and enhancing the welfare of disabled persons shall,
as they, are hereby encouraged, become partners of the Government in the implementation of vocational rehabilitation "SEC. 5. measures
The Secretary
and ofother
the Department
related programs
of Labor
andand
projects.
Employment
Accordingly,
shall include
their in
participation
the Department's
in theprogram the o
implementation of said measures, program and projects is to be extended all possible support by the Government. The Government shall sponsor a volunteer service program which shall harness the involvement of private
individual in the provision of assistance to disabled persons. "The amount necessary to carry out the purposes of this Act is hereby authorized to be appropriated in the General
appropriation, for the purposes of this Act, shall not be reduced by Congress below the amount appropriated for the
the appropriation herein shall be increased by at least twenty per centum (20%) annually."

R.A. 10917, An Act Amending the Provisions of R.A. 9547

Section 1. Section 1 of Republic Act No. 9547 is hereby amended to read as follows:
Employment of Students: “Section 1. Any provision of law to the contrary notwithstanding, any person or entity employing at least ten (10) p
or would-be displaced workers due to business closures, or work stoppages, or natural calamities, intending to enroll
R.A. 9547 the "Special Program for Employment of Students (SPES)" thirty (30) years old, paying them a salary or wage not lower than the minimum wage for private employers and the a
the secondary level shall only be employed during summer and/or Christmas vacations, while the OSY and those en
Section 1. Section 1 of R.A. 7323, otherwise known as the "Special Program for Employment of Students (SPES)", is further,
hereby amended
That theirtoperiod
read asoffollows:
employment shall be from twenty (20) to seventy-eight (78) working days only, excep
counted as part of the students’ probationary period should they apply in the same company or agency after gradua
"SECTION 1. Any provision of law to the contrary notwithstanding, any person or entity employing at least ten (10) persons
academic may
andemploy
practicum
poororbut
on-the-job
deservingtraining
studentscredits
fifteenas(15)
mayyears
be determined
of age butby
notthe
more
appropriate
than twenty-five
government agencies
(25) years old, paying them a salary or wage not lower than the minimum wage for private employers and the applicable hiring rate for the national and local government agencies: Provided, that student enrolled in the
secondary level shall only be employed during summer and/or christmas vacations, while those enrolled in the tertiary,
“Forvocational
purposesoroftechnical
this Act, education
poor but deserving
may be employed
students,atOSY,
any time
and dependents
of the year:ofProvided,
displacedfurther,
or would-be
That displaced w
their period of employment shall be from twenty (20) to fifty-two (52) working days only, except that during Christmas
combined
vacation,income,
employment
together
shallwith
be from
their ten
own,
(10)if toany,
fifteen
does(15)
notdays
exceed
which
themay
annual
be counted
regionalaspoverty
part of the
threshold level
students' probationary period should they apply in the same company or agency after graduation: Provided, finally, That
Development
students employed
Authorityin(NEDA).
activitiesEmployment
related to theirfacilitation
course may
services
earn equivalent
for, applicants
academic
to the program
credits asshall
maybe done by th
be determined by the appropriate government agencies.
“Participating employers, in coordination with the PESO, must inform their SPES employees of their rights, benefits, and privileges under existing laws, company policies, and employment contracts.”
Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be perfo
Sec. 2. Section 2 of the same Act is hereby amended to read as follows:
“Sec. 2. Sixty per centum (60%) of the said salary or wage shall be paid by the employer in cash and forty per centum Where(40%)
the women
by theemployees
governmentare immediate
also in the members
form of cash
of thedirectly
family tooperating
the student
the establishment
or through financial
or undertaking; and
institutions or other payment facilities, subject to the existing rules on procurement which shall be applicable in the payment for the student’s tuition fees, books, and other education-related expenses, including their daily
allowance for food and transportation in going to school: Provided, That local government units (LGUs) may assume Under
responsibility
other analogous
for paying
casesin
exempted
full the salary
by the or
Secretary
wages: of
Provided,
Labor and further,
Employment
That forinlow
appropriate
income LGUs
regulations.
employing SPES beneficiaries, the national government share may be increased up to seventy-five per centum (75%) depending on the LGUs’ financial capacity to pay the SPES beneficiaries.
Article 132. Facilities for women. The Secretary of Labor and Employment shall establish standards that will ensur
“The national government share shall be paid within thirty (30) working days upon submission of the partner-employer employer
or participating
to: establishment of their report on payment of salary or wages which shall be the basis
of the portion of the salary or wages to be paid by the national government through the Department of Labor and Employment.
Provide seats proper for women and permit them to use such seats when they are free from work and during working
“In case of sickness, absence, or death of the SPES beneficiary, the immediate heirs may claim the salary: Provided, That proof to this effect has been clearly established.

“Likewise, the SPES beneficiary shall be entitled to social protection by virtue of an insurance coverage with the Government
To establish
Service
separate
Insurance
toilet System
rooms and
(GSIS)
lavatories
for a period
for men
of and
one women
(1) year.”
and provide at least a dressing room for women

Sec. 3. Section 3 of the same Act is hereby amended to read as follows: To establish a nursery in a workplace for the benefit of the women employees therein; and
“Sec. 3. The Department of Labor and Employment shall issue the implementing rules and regulations to carry out the purposes of this Act. Further, the Secretary of the Department of Labor and Employment may issue
additional guidelines which may be deemed appropriate.” To determine appropriate minimum age and other standards for retirement or termination in special occupations such

Sec. 4. Section 4 of the same Act is hereby deleted. Succeeding sections are hereby renumbered accordingly. Article 133. Maternity leave benefits.

Sec. 5. Section 5 of the same Act is hereby amended to read as follows: Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6
“Sec. 4. The Secretary of the Department of Labor and Employment shall include in the Department’s program the
dateoperationalization
of delivery and another
of thefour
expanded
(4) weeks
Special
after normal
Programdelivery
for Employment
or abortionof
with
Students,
full payincluding
based on her
the regular or av
maintenance of a database or registry for monitoring of SPES beneficiaries. the production of a medical certificate stating that delivery will probably take place within two weeks.

“The amount necessary to carry out the purposes of this Act is hereby authorized to be appropriated in the General Appropriations
The maternity leave
Act forshall
1992beand
extended
the subsequent
without pay
annual
on account
generalof
appropriations
illness medically
acts:certified
Provided,to That
arisethe
out of the pregn
appropriation, for the purposes of this Act, shall not be reduced by Congress below the amount appropriated for the previous
unused leave
year and,
credits
after
from
approval,
which such
shallextended
be automatically
leave may and
beregularly
charged. released: Provided, further, That
the appropriation herein shall be increased by at least twenty per centum (20%) annually.”
The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries by a w

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

Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning servic
WORKING CONDITIONS FOR SPECIAL GROUPS OF WORKING EMPLOYEES pills and intrauterine devices.
Chapter I
EMPLOYMENT OF WOMEN In coordination with other agencies of the government engaged in the promotion of family planning, the Departme
planning among female workers in any establishment or enterprise.
Article 130. Nightwork prohibition. No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation:
Article 135. Discrimination prohibited. It shall be unlawful for any employer to discriminate against any woman emp
In any industrial undertaking or branch thereof between ten o’clock at night and six o’clock in the morning of the following day; or
The following are acts of discrimination:
In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and six o’clock in the morning of the following day; or
Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a fem
In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive hours.
Favoring a male employee over a female employee with respect to promotion, training opportunities, study and schol
Article 131. Exceptions. The prohibitions prescribed by the preceding Article shall not apply in any of the following cases:
Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of the ru
In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or 289 otherofdisasters
this Code: Provided,toThat
or calamity, the institution
prevent loss of lifeoforany criminal
property, action
or in casesunder thismajeure
of force provision
or shall not bar the aggrie
imminent
danger to public safety; claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each

Articlewould
In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer 136. otherwise
Stipulationsuffer;
against marriage. It shall be unlawful for an employer to require as a condition of employme
or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss
Where the work is necessary to prevent serious loss of perishable goods;
Article 137. Prohibited acts.
Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services;
It shall be unlawful for any employer:
 Article 146. Opportunity for education. If the househelper is under the age of eighteen (18) years, the employer shal
To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for
the the
househelper’s
purpose of preventing
compensation,
her from
unlessenjoying
there is aany
stipulation
of the benefits
to the contrary.
provided under this Code.

To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy; Article 147. Treatment of househelpers. The employer shall treat the househelper in a just and humane manner. In no

To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.
Article 148. Board, lodging, and medical attendance. The employer shall furnish the househelper, free of charge, suit

Article 138. Classification of certain women workers. Any woman who is permitted or suffered to work, with or without Articlecompensation,
149. Indemnityinfor
anyunjust
nighttermination
club, cocktail
of services.
lounge, massage
If the period
clinic,
of bar
household
or similar
service
establishments
is fixed, neither the emp
under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary
cause.of If
Labor
the househelper
and Employment,
is unjustly
shalldismissed,
be considered
he orasshe
anshall
employee
be paid
ofthe
such
compensation
establishmentalready
for purposes
earned plus that for
of labor and social legislation.
If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid salary due him or her not excee
Chapter II
EMPLOYMENT OF MINORS Article 150. Service of termination notice. If the duration of the household service is not determined either in stipula
relationship five (5) days before the intended termination of the service.
Article 139. Minimum employable age.
Article 151. Employment certification. Upon the severance of the household service relation, the employer shall giv
No child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility
andof conduct
his parents
as househelper.
or guardian, and his employment does not in any way interfere with his schooling.

Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periodsArticle of
152.
theEmployment
day as determined
record.
byThe
the Secretary
employer of
may
Labor
keepand
such
Employment
records asinheappropriate
may deemregulations.
necessary to reflect the
signature or thumbmark upon request of the employer.
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. Chapter IV
EMPLOYMENT OF HOM
Article 140. Prohibition against child discrimination. No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.
Article 153. Regulation of industrial homeworkers. The employment of industrial homeworkers and field personn
Chapter III Labor and Employment to ensure the general welfare and protection of homeworkers and field personnel and the ind
EMPLOYMENT OF HOUSEHELPERS
Article 154. Regulations of Secretary of Labor. The regulations or orders to be issued pursuant to this Chapter sha
Article 141. Coverage. This Chapter shall apply to all persons rendering services in households for compensation. homeworkers or field personnel involved.

"Domestic or household service" shall mean service in the employer’s home which is usually necessary or desirable
Article
for the
155.maintenance
Distributionand
of homework.
enjoyment For
thereof
purposes
and includes
of this Chapter,
ministering
the "employer"
to the personal
of homeworkers
comfort andincludes any p
convenience of the members of the employer’s household, including services of family drivers. country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person:

Article 142. Contract of domestic service. The original contract of domestic service shall not last for more than two (2)Delivers,
years butoritcauses
may betorenewed
be delivered,
for such
anyperiods
goods, as
articles
may beor agreed
materials
upon
to be
by processed
the parties.or fabricated in or about a home a

Article 143. Minimum wage. Sells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys them after suc

Househelpers shall be paid the following minimum wage rates:

Title I
Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay, and Caloocan cities and municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Parañaque,
MEDICAL,
Las Piñas,
DENTAL
Pasig, AND OCCU
Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities;
Chapter I
Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class municipalities; and MEDICAL AND DENTA

Five hundred fifty pesos (P550.00) a month for those in other municipalities. Article 156. First-aid treatment. Every employer shall keep in his establishment such first-aid medicines and equ
Department of Labor and Employment shall prescribe.
Provided, That the employers shall review the employment contracts of their househelpers every three (3) years with the end in view of improving the terms and conditions thereof.
The employer shall take steps for the training of a sufficient number of employees in first-aid treatment.
Provided, further, That those househelpers who are receiving at least One thousand pesos (P1,000.00) shall be covered by the Social Security System (SSS) and be entitled to all the benefits provided thereunder. (As
amended by Republic Act No. 7655, August 19, 1993) Article 157. Emergency medical and dental services. It shall be the duty of every employer to furnish his employees

Article 144. Minimum cash wage. The minimum wage rates prescribed under this Chapter shall be the basic cash wages
Thewhich
services
shallofbea paid
full-time
to theregistered
househelpers
nurseinwhen
addition
the to
number
lodging,
of food
employees
and medical
exceedsattendance.
fifty (50) but not more than tw
services of a graduate first-aider shall be provided for the protection of workers, where no registered nurse is availa
Article 145. Assignment to non-household work. No househelper shall be assigned to work in a commercial, industrial
shallorbeagricultural
required where
enterprise
the number
at a wage
of employees
or salary rate
doeslower
not exceed
than that
fiftyprovided
(50) andfor
shall
agricultural
determineorbynon-
appropriate order
agricultural workers as prescribed herein.
The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic, when the num
 SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. – It s
The services of a full-time physician, dentist and a full-time registered nurse as well as a dental clinic and an infirmary
institution,
or emergency
to preventhospital
or deterwith
the commission
one bed capacity
of actsforofevery
sexualone
harassment
hundred (100)
and toemployees
provide thewhen
procedures
the for the res
number of employees exceeds three hundred (300). of office shall:

In cases of hazardous workplaces, no employer shall engage the services of a physician or a dentist who cannot stay in the(a) premises of theappropriate
Promulgate establishment forand
rules at least two (2)inhours,
regulations in the case
consultation withofand
those engaged
joint1y on part-time
approved by the employees o
basis, and not less than eight (8) hours, in the case of those employed on full-time basis. Where the undertaking is investigation
non-hazardous of insexual
nature, the physician
harassment casesand
anddentist may be engaged
the administrative on retainer
sanctions basis, subject to such
therefor.
regulations as the Secretary of Labor and Employment may prescribe to insure immediate availability of medical and dental treatment and attendance in case of emergency. (As amended by Presidential Decree NO. 570-A,
Section 26)
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassm
Article 158. 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
establishment and he makes arrangement for the reservation therein of the necessary beds and dental facilities for the use ofThe
hissaid
employees.
rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on p

Article 159. Health program. The physician engaged by an employer shall, in addition to his duties under this Chapter, develop
(b) Create and implement
a committee a comprehensive
on decorum occupational
and investigation health
of cases program
on sexual for the benefit
harassment. of the shall condu
The committee
employees of his employer. trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also c

Article 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
In the case of a work-related environment, the committee shall be composed of at least one (1) representative eac
health. The Secretary of Labor and Employment, in consultation with industrial, medical, and occupational safety and health associations, shall establish the qualifications, criteria and conditions of employment of such
and file employees.
health personnel.
In the case of the educational or training institution, the committee shall be composed of at least one (1) represen
Article 161. Assistance of employer. It shall be the duty of any employer to provide all the necessary assistance to ensure the adequate and immediate medical and dental attendance and treatment to an injured or sick
as the case may be.
employee in case of emergency.

The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for
R.A. 7877, The Anti-Sexual Harassment Act of 1995.
SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. – Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the
SECTION 5. Liability
over of the Employer,
in a workHead of Office, Educational or Training demands,
Institution.requests
– The employer or head
employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy another or training or education environment, or
of sexual harassment committed in the employment, education or training environment if the employer or head
otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.
immediate action is taken.

(a) In a work-related or employment environment, sexual harassment is committed when:

SECTION 6. Independent Action for Damages. – Nothing in this Act shall preclude the victim of work, education o
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employmentrelief.
other affirmative of said individual, or in granting said individual favorable compensation, terms of
conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive ordiminish employment
opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration;
or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall
also be held liable under this Act.
R.A. 8282, The SSS Law
messaging or electronic mail or through any other forms of information and communication systems, that has o
"SEC. 14-A. Maternity Leave Benefit. - A female member who has paid at least three (3) monthly contributions in theperformance
twelve-month orperiod
opportunities;
immediately preceding the semester of her childbirth or miscarriage shall be paid
a daily maternity benefit equivalent to one hundred percent (100%) of her average daily salary credit for sixty (60) days or seventy-eight (78) days in case of caesarian delivery, subject to the following conditions:
(b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcom
"(a) That the employee shall have notified her employer of her pregnancy and the probable date of her childbirth, which technology
notice shall
suchbe as
transmitted
text messaging
to the or
SSSelectronic
in accordance
mail orwith
through
the rules
any other
and regulations
forms of information
it may provide;
and communication s

"(b) The full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave (c) application;
A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for th
peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a train
"(c) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits Provided by this Act for the same period for which daily maternity benefits have been received;
(d) Information and communication system refers to a system for generating, sending, receiving, storing or otherwise
"(d) That the maternity benefits Provided under this section shall be paid only for the first four (4) deliveries or miscarriages;
similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of ele

"(e) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity
Sectionbenefits
17. Duties
advanced
of Employers.
to the employee
-Employers
by the
or other
employer
persons
upon
of receipt
authority,
of satisfactory
influence orproof
moralofascendancy
such in a wo
payment and legality thereof; and harassment in the workplace. Towards this end, the employer or person of authority, influence or moral ascendancy s

"(f) That if an employee member should give birth or suffer miscarriage without the required contributions having been
(a)remitted
Disseminate
for her
or by
posther
in employer
a conspicuous
to theplace
SSS,aorcopy
without
of this
theAct
latter
to all
having
persons
beeninpreviously
the workplace;
notified by
the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to.
(b) Provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct of anti-sexual
R.A. 9710, The Magna Carta for Women (c) Create an independent internal mechanism or a committee on decorum and investigation to investigate and addres
Section 4.
(1) Adequately represent the management, the employees from the supervisory rank, the rank-and-file employees, an
(b) “Discrimination Against Women” refers to any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women,
(2)inDesignate
irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms a woman
the political, as its social,
economic, head and not less
cultural, thanorhalf
civil, anyofother
its members
field. should be women;
(3)excludes
It includes any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly Be composed of members
or restricts womenwho should
in the be impartial
recognition and not connected
and promotion or related
of their rights and to the access
their allegedtoperpetrator;
and
enjoyment of opportunities, benefits, or privileges.
(4) Investigate and decide on the complaints within ten (10) days or less upon receipt thereof;
A measure or practice of general application is discrimination against women if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which
women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment(5)ofObserve due process;
opportunities, benefits, or privileges; or women, more than men, are shown to have suffered the
greater adverse effects of those measures or practices.
(6) Protect the complainant from retaliation; and

(7) Guarantee
Provided, finally, that discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, confidentiality
age, poverty, to theshall
or religion greatest extent possible;
be considered discrimination against women under this Act.

SECTION 12. Equal Treatment Before the Law. — The State shall take steps to review and, when necessary, (d) Provide
amend andrepeal
and/or disseminate,
existinginlaws
consultation
that are with all personsto
discriminatory in women
the workplace, a code(3)
within three of years
conduct or workplace
from the policy
effectivity of this Act.
(1) Expressly reiterate the prohibition on gender-based sexual harassment;
SECTION 13. Equal Access and Elimination of Discrimination in Education, Scholarships, and Training. — (a) The State shall ensure that gender stereotypes and images in educational materials and curricula are
(2) and
adequately and appropriately revised. Gender-sensitive language shall be used at all times. Capacity-building on gender Describe the procedures
development (GAD),ofpeace
the internal mechanism
and human created under
rights, education Section 17(c)
for teachers, of those
and all this Act; and in
involved
the education sector shall be pursued toward this end. Partnerships between and among players of the education sector, including the private sector, churches, and faith groups shall be encouraged.
(3) Set administrative penalties.
(b) Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be encouraged.
Section 18. Duties of Employees and Co-Workers. -Employees and co-workers shall have the duty to:
(c) Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be outlawed. No school shall turn out or refuse admission to a female student solely on the account of her having contracted
pregnancy outside of marriage during her term in school. (a) Refrain from committing acts of gender-based sexual harassment;

SECTION 18. Special Leave Benefits for Women. — A woman employee having rendered continuous aggregate (b)employment
Discourage the conduct
service of atofleast
gander-based sexualfor
six (6) months harassment in the (12)
the last twelve workplace;
months shall be entitled to a
special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.
(c) Provide emotional or social support to fellow employees, co-workers, colleagues or peers who are victims of gend

R.A. 11313, Safe Spaces Act (d) Report acts of gender-based sexual harassment witnessed in the workplace.
Section 16. Gender-Based Sexual Harassment in the Workplace. -The crime of gender-based sexual harassment in the Section
workplace
19. includes
Liabilitythe following:
of Employers.— In addition to liabilities for committing acts of gender-based sexual harassmen
(a) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any (a)
actNon-implementation
of sexual nature, whether done
of their verbally,
duties physically
under Section or this
17 of through
Act, the use of technology
as provided such
in the penal as text or
provisions;
 (2) Prescribe the procedures of the internal mechanism created under this Act; and
(b) Not taking action on reported acts of gender-based sexual harassment committed in the workplace.
(3) Set administrative penalties.
Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than Five thousand pesos (
Section 23. Liability of School Heads.— In addition to liability for committing acts of gender-based sexual harassm
Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than has
Tenauthority,
thousand influence
pesos ( or moral ascendancy over another in an educational or training institution may also be held re

Section 20. Routine Inspection. -The Department of Labor and Employment (DOLE) for the private sector and the Civil (a) Non-implementation
Service Commissionof(CSC)
their duties
for theunder
public
Section
sector22shall
of this
conduct
Act, as
yearly
provided
spontaneous
in the penal
inspections
provisions;
to or
ensure compliance of employers and employees with their obligations under this Act.
(b) Failure to act on reported acts of gender-based sexual harassment committed in the educational institution.
ARTICLE V
GENDER-BASED SEXUAL HARASSMENT IN Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less tha
EDUCATIONAL AND TRAINING INSTITUTIONS
Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less tha
Section 21. Gender-Based Sexual Harassment in Educational and Training Institutions.— All schools, whether public or private, shall designate an officer-in-charge to receive complaints regarding violations of this Act,
and shall, ensure that the victims are provided with a gender-sensitive environment that is both respectful to the victims’
Section
needs24.
andLiability
conduciveof to
Students.—
truth-telling.
Minor students who are found to have committed acts of gender-based sexual
handbook.
Every school must adopt and publish grievance procedures to facilitate the filing of complaints by students and faculty members. Even if an individual does not want to file a complaint or does not request that the school
take any action on behalf of a student or faculty member and school authorities have knowledge or reasonably knowSection about a25.
possible
RoutineorInspection.—
impending actThe of Department
gender-basedofsexual
Education
harassment
(DepEd),or the
sexual
Commission
violence, the
on Higher
school Education (C
should promptly investigate to determine the veracity of such information or knowledge and the circumstances under spontaneous
which the
inspections
act of gender-based
to ensure compliance
sexual harassment
of school heads
or sexual
withviolence
their obligations
were committed,
under thisand
Act.take
appropriate steps to resolve the situation. If a school knows or reasonably should know about acts of gender-based sexual harassment or sexual violence being committed that creates a hostile environment, the school must
take immediate action to eliminate the same acts, prevent their recurrence, and address their effects. ARTICLE VI
COMMON PROVISIONS
Once a perpetrator is found guilty, the educational institution may reserve the right to strip the diploma from the perpetrator or issue an expulsion order.
Section 26. Confidentiality.— At any stage of the investigation, prosecution and trial of an offense under this Act, th
The Committee on Decorum and Investigation (CODI) of all educational institutions shall address gender-based sexual harassment and online sexual harassment in accordance with the rules and procedures contained in
their CODI manual. Section 27. Restraining Order.— Where appropriate, the court, even before rendering a final decision, may issue an o
or to stay away from the residence, school, place of employment, or any specified place frequented by the offended p
Section 22. Duties of School Heads. -School heads shall have the following duties:
Section 28. Remedies and Psychological Counselling.— A victim of gender-based street, public spaces or online sex
(a) Disseminate or post a copy of this Act in a conspicuous place in the educational institution; counselling services with the aid of the LGU and the DSWD, in coordination with the DOH and the PCW. Any f
services shall be borne by the perpetrator.
(b) Provide measures to prevent gender-based sexual harassment in educational institutions, like information campaigns;
Section 29. Administrative Sanctions.— Above penalties are without prejudice to any administrative sanctions that m
(c) Create an independent internal mechanism or a CODI to investigate and address complaints of gender-based sexual harassment which shall:
Section 30. Imposition of Heavier Penalties.— Nothing in this Act shall prevent LGUs from coming up with ordinan
(1) Adequately represent the school administration, the trainers, instructors, professors or coaches and students or trainees, students and parents, as the case may be;
Section 31. Exemptions.— Acts that are legitimate expressions of indigenous culture and tradition, as well as breastf
(2) Designate a woman as its head and not less than half of its members should be women;
R.A. 10151, An Act Amending Provisions of the Labor Code
(3) Ensure equal representation of persons of diverse sexual orientation, identity and/or expression, in the CODI as farSection
as practicable;
1. Article 130 of the Labor Code is hereby repealed.
(4) Be composed of members who should be impartial and not connected or related to the alleged perpetrator; Section 2. Article 131 of the Labor Code is hereby repealed.
(5) Investigate and decide on complaints within ten (10) days or less upon receipt, thereof; Section 3. The subsequent articles in Book Three, Title III, Chapter I to Chapter IV of Presidential Decree No. 442 ar
(6) Observe due process; Section 4. A new chapter is hereby inserted after Book Three, Title III of Presidential Decree No. 442, to read as foll
(7) Protect the complainant from retaliation; and "Chapter V
"Employment of Night Workers
(8) Guarantee confidentiality to the greatest extent possible.
"Article 154. Coverage. - This chapter' shall apply to all persons, who shall be employed or permitted or suffered to w
(d) Provide and disseminate, in consultation with all persons in the educational institution, a code of conduct or schoolnavigation,
policy which shall:a period of not less than seven (7) consecutive hours, including the interval from midnight to fiv
during
the workers' representatives/labor organizations and employers.
(1) Expressly reiterate the prohibition on gender-based sexual harassment;
"'Night worker' means any employed person whose work requires performance of a substantial number of hours of Section night work
6. Application.
which exceeds
- Thea measures
specified referred
limit. This
to in
limit
thisshall
chapter
be shall
fixedbe
byapplied
the Secretary
not laterofthan
Labor
six after
(6) months from t
consulting the workers' representatives/labor organizations and employers."
Section 7. Guidelines. - The DOLE shall promulgate appropriate regulations in addition to existing ones to ensure pro
"Article 155. Health Assessment. - At their request, workers shall have the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work:
Section 8. Penalties. - Any violation of this Act, and the rules and regulations issued pursuant hereof shall be punish
"(a) Before taking up an assignment as a night worker; (P50,000.00) or imprisonment of not less than six (6) months, or both, at the discretion of the court. If the offense i
imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association, or entity.
"(b) At regular intervals during such an assignment; and
Section 9. Separability Clause. - If any portion of this Act is declared unconstitutional, the same shall not affect the v
"(c) If they experience health problems during such, an assignment which are not caused by factors other than the performance of night work.
Section 10. Repealing Clause. - All laws, acts, decrees, executive orders, rules and regulations or other issuances or p
"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."

"Article 156. Mandatory Facilities. - Suitable first·aid facilities shall be made available for workers performing night work, including arrangements where such workers, where necessary, can be taken immediately to a
place for appropriate treatment. The employers are likewise required to provide safe and healthful working conditions Maleand
Employees
adequate or reasonable facilities such as sleeping or resting quarters in the establishment and
transportation from the work premises to the nearest point of their residence subject to exceptions and guidelines to be provided The
R.A. 8187, Paternity
by the DOLE." Leave Act

"Article 157. Transfer. - Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever
Republic practicable,
Act 8187: PaternitytoLeave
a similar
Actjob for which they are fit to work.
of 1996
"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.
AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED EMP
"A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice
THEof dismissal as other
LEGITIMATE workers
SPOUSE WITHwhoWHOM
are prevented
HE IS from working forAND
COHABITING reasons
FORofOTHER
health." PURPOSES

"Article 158. Women Night Workers. - Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work:
SECTION 1. Short Title. – This Act shall be known as the “Paternity Leave Act of 1996“.
"(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 winch a medical certificate IS produced stating that said additional periods areSECTION
necessary2.forNotwithstanding
the health of theany
mother or child:
law, rules and regulations to the contrary, every married male employee in the pr
four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity l
"(1) During pregnancy; delivery.
"(2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length For
of which shallofbethis
purposes, determined by the
Act, delivery DOLE
shall afterchildbirth
include consultingorthe labor
any organizations and employers.
miscarriage.
"During the periods referred to in this article:
SECTION 3. Definition of Term. – For purposes of this Act, Paternity Leave refers to the benefits granted to a marri
"(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized causes provideddays
for inbut
this Code that
continues to are
earnnot
theconnected with pregnancy,
compensation therefor, onchildbirth and childcare
the condition responsibilities.
that his spouse has delivered a child or suffer
support to his wife in her period of recovery and/or in the nursing of the newly-born child.
"(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position.

"Pregnant women and nursing mothers may be allowed to work .at night only if a competent physician, other than the SECTION
company physician, shall certify
4. The Secretary theirand
of Labor fitness to render night
Employment, work, andofspecify,
the Chairman in Service
the Civil the caseCommission
of pregnant and the Secre
employees, the period of the pregnancy that they can safely work. this Act, issue such rules and regulations necessary for the proper implementation of the provisions hereof.
"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.
SECTION 5. Any person, corporation, trust, firm, partnership, association or entity found violating this Act or the ru
"The provisions of this article shall not leave the effect of reducing the protection and benefits connected with maternity leave under
thousand pesosexisting laws."
(P25,000) or imprisonment of not less than thirty (30)days nor more than six (6) months.
"Article 159. Compensation. The compensation for night workers in the form of working time, pay or similar benefits If shall
the recognize
violation isthecommitted
exceptional
by nature of night trust
a corporation, work."
or firm, partnership, association or any other entity, the penalty
president, vice-president, chief executive officer, general manager, managing director or partner directly responsible
"Article 160. Social Services. - Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work."

"Article 161. Night Work Schedules. - Before introducing work schedules requiring the services of night workers, the employer
SECTION 6. shall consult the Clause.
Non-diminution workers'– representatives/labor organizations
Nothing in this Act shall concerned
be construed onany
to reduce the existing
details of
benefits of any
such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel, as well asoronpolicy
contract agreement the occupational healthand
between employer measures and social services which are required. In
employee.
establishments employing night workers, consultation shall take place regularly."

Section 5. The subsequent articles starting from Book Four, Title I, Chapter I of Presidential Decree No. 442 are hereby renumbered
SECTION accordingly.
7. Repealing Clause. – All laws, ordinances, rules, regulations, issuances, or parts thereof which are incon
 “(1) All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices similar to slav
including recruitment of children for use in armed conflict; or
SECTION 8. Effectivity. – This Act shall take effect (15) days from its publication in the Official Gazette or in at least two (2) newspapers of national circulation.
“(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for porn
Minors “(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking o
R.A. 7610, as amended by R.A. 7658 and R.A. 9231 (The law underneath is R.A. 9231, amending
Sections 12 and 14 of R.A. 7610) “(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to

Section 12 of the same Act, as amended, is hereby further amended to read as follows: “a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or

“SEC. 12. Employment of Children. – Children below fifteen (15) years of age shall not be employed except: “b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or ma

“1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members“c) Is performed underground,
of his/her family underwater
are employed: or at dangerous
Provided, however, heights; or employment neither endangers
That his/her
his/her life, safety, health, and morals, nor impairs his/her normal development: Provided, further, That the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education; or
“d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated
“2) Where a child’s employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential: Provided, That the employment contract is concluded
“e)of
by the child’s parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval Exposes the child of
the Department to physical
Labor anddanger such as, but
Employment: not limited
Provided, to the
further, dangerous
That feats of
the following balancing, physical
requirements in strengt
all instances are strictly complied with:
“f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, s
“(a) The employer shall ensure the protection, health, safety, morals and normal development of the child; components and the like, or to extreme temperatures, noise levels, or vibrations; or

“(b) The employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the“g) Is performed
system and levelunder particularly and
of remuneration, difficult conditions;
the duration and or
arrangement of working time; and
“h) Exposesprogram
“(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing the childfortotraining
biological
andagents such as bacteria,
skills acquisition of thefungi,
child.viruses, protozoans, nematodes and other parasites;
“i) Involves
“In the above-exceptional cases where any such child may be employed, the employer shall first secure, before engaging the manufacture
such child, or handling
a work permit from theof Department
explosives and other pyrotechnic
of Labor products.”
and Employment which shall ensure
observance of the above requirements.
SECTION 4. Section 13 of the same Act is hereby amended to read as follows:
“For purposes of this Article, the term “child” shall apply to all persons under eighteen (18) years of age.”
“SEC. 13. Access to Education and Training for Working Children. – “a) No child shall be deprived of formal or non
child 12-A,
SECTION 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as Sections with access
12-B, to at least
12-C, and primary
12-D to and
readsecondary
as follows:education.

“SEC. 12-A. Hours of Work of a Working Child. – Under the exceptions provided in Section 12 of this Act, as amended:“b) To ensure and guarantee the access of the working child to education and training, the Department of Educatio
educational programs; (2) conduct the necessary training for the implementation of the appropriate curriculum for th
continuing
“(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, research
That the work and
shalldevelopment
not be more program
than fourfor
(4)the necessary
hours and relevant
at any given day; alternative education of the working ch
“c)a The
“(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours day, DEPED
and in noshall
casepromulgate a course
beyond forty design
(40) hours under its non-formal education program aimed at promoting the
a week;
elementary or secondary education. Such course design shall integrate the learning process deemed most effective un
“(3) No child below fifteen (15) years of age shall be allowed to work between eight o’clock in the evening and six o’clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18)
shall be allowed to work between ten o’clock in the evening and six o’clock in the morning of the following day.” SECTION 5. Section 14 of the same Act is hereby amended to read as follows:

“SEC. 12-B. Ownership, Usage and Administration of the Working Child’s Income. – The wages, salaries, earnings “SEC. 14. Prohibition
and other income ofonthethe Employment
working of Children
child shall in Certain
belong to him/her Advertisements.
in ownership and– No
shallchild shall
be set be employed as
aside
tobaccoThat
primarily for his/her support, education or skills acquisition and secondarily to the collective needs of the family: Provided, and its
notbyproducts, gambling
more than twenty or any(20%)
percent form of
of violence or income
the child’s pornography.”
may be used for the collective
needs of the family.

“The income of the working child and/or the property acquired through the work of the child shall be administered by both parents. In the absence or incapacity of either of the parents, the other parent shall administer the
same. In case both parents are absent or incapacitated, the order of preference on parental authority as provided for under the Family Code shall apply.

“SEC. 12-C. Trust Fund to Preserve Part of the Working Child’s Income. – The parent or legal guardian of a working child below eighteen (18) years of age shall set up a trust fund for at least thirty percent (30%) of the
earnings of the child whose wages and salaries from work and other income amount to at least two hundred thousand pesos (
Department of Labor and Employment, in compliance with the provisions of this Act. The child shall have full control over the trust fund upon reaching the age of majority.

“SEC. 12-D. Prohibition Against Worst Forms of Child Labor. – No child shall be engaged in the worst forms of child labor. The phrase “worst forms of child labor” shall refer to any of the following:
Comparative Analysis of the 3 laws:

RA 7610 R.A. 7658

Sec. 12. Employment of Children. – Children below fifteen (15) years “Sec. 12. Employment of Children. — Children below fifteen (15)
of age may be employed except: years of age shall not be employed except:
(1) When a child works directly under the sole responsibility of his
parents or legal guardian and where only members of the employer’s (1) When a child works directly under the sole responsibility of
family are employed: Provided, however, That his employment neither his parents or legal guardian and where only members of the
endangers his life, safety and health and morals, nor impairs his normal employer’s family are employed: Provided, however, That his
development: Provided, further, That the parent or legal guardian shall employment neither endangers his life, safety, health and morals, nor
provide the said minor child with the prescribed primary and/or impairs his normal development; Provided, further, That the parent or
secondary education; or legal guardian shall provide the said minor child with the prescribed
primary and/or secondary education; or
(2) When a child’s employment or participation in public & (2) Where a child’s employment or participation in public
entertainment or information through cinema, theater, radio or entertainment or information through cinema, theater, radio or
television is essential: Provided, The employment contract concluded television is essential: Provided, The employment contract is concluded
by the child’s parent or guardian, with the express agreement of the by the child’s parents or legal guardian, with the express agreement of
child concerned, if possible, and the approval of the Department of the child concerned, if possible, and the approval of the Department of
Labor and Employment: Provided, That the following requirements in Labor and Employment: and Provided, That the following requirements
all instances are strictly complied with: in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals (a) The employer shall ensure the protection, health, safety,
of the child; morals and normal development of the child;
(b) The employer shall institute measures to prevent the child’s
(b) the employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the system and level
exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time;
of remuneration, and the duration and arrangement of working time; and
and (c) The employer shall formulate and implement, subject to the
approval and supervision of competent authorities, a continuing
(c) The employer shall formulate and implement, subject to the program for training and skills acquisition of the child.
approval and supervision of competent authorities, a continuing
program for training and skill acquisition of the child. In the above exceptional cases where any such child may be employed,
In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work
the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall
permit from the Department of Labor and Employment which shall ensure observance of the above requirements.
ensure observance of the above requirement. The Department of Labor and Employment shall promulgate rules and
regulations necessary for the effective implementation of this Section.”
The Department of Labor and Employment shall promulgate rules and
regulations necessary for the effective implementation of this Section.

Sec. 14. Prohibition on the Employment of Children in Certain

Advertisements. – No person shall employ child models in all
commercials or advertisements promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts and violence.
Solo Parents, R.A. 8972, Solo Parents Welfare Act
Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven "The
(7) working
measures
days
referred
every to
year
in this
shallarticle
be granted
may include
to any solo
transfer
parent
to day
employee
work where
who has
thisrendered
is possible,
service
the provision
of of soci
at least one (1) year.
"The provisions of this article shall not leave the effect of reducing the protection and benefits connected with matern

"Article 159. Compensation. The compensation for night workers in the form of working time, pay or similar benefit
Night Workers, R.A. 10151, An Act repealing Articles 130 and 131 of the Labor Code
"Chapter V "Article 160. Social Services. - Appropriate social services shall be provided for night workers and, where necessary,
"Employment of Night Workers
"Article
"Article 154. Coverage. - This chapter' shall apply to all persons, who shall be employed or permitted or suffered to work 161.except
at night, Night those
Workemployed
Schedules.in-agriculture,
Before introducing work fishing,
stock raising, schedules requiring
maritime the services
transport of night workers,
and inland
navigation, during a period of not less than seven (7) consecutive hours, including the interval from midnight to five such schedules
o'clock and the to
in the morning, forms of organization
be determined by theof night work
Secretary that are
of Labor and best adapted toafter
Employment, the consulting
establishment and its p
the workers' representatives/labor organizations and employers. establishments employing night workers, consultation shall take place regularly."

"'Night worker' means any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after
consulting the workers' representatives/labor organizations and employers." Aged Workers, R.A. 10911, Anti-Age Discrimination in Employment Act
"Article 155. Health Assessment. - At their request, workers shall have the right to undergo a health assessment without
Ancharge
Act Prohibiting
and to receive
Discrimination
advice on how
Against
to reduce
Any Individual
or avoid health
in Employment
problems associated
on Accountwith
of Age
their and
work:
Providing Penalti

"(a) Before taking up an assignment as a night worker; Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

"(b) At regular intervals during such an assignment; and Section 1. Short Title. - This Act shall be known as the "Anti-Age Discrimination in Employment Act".

"(c) If they experience health problems during such, an assignment which are not caused by factors other than the performance
Section 2.ofDeclaration
night work.of Policies. - The State shall promote equal opportunities in employment for everyone. To this

"With the exception of a finding of unfitness for night work, the findings of such assessments shall not be transmitted to
(a)others
Promote
without
employment
the workers'
of individuals
consent and
on shall
the basis
not be
of used
their to
abilities,
their detriment."
knowledge, skills and qualifications rather than

"Article 156. Mandatory Facilities. - Suitable first·aid facilities shall be made available for workers performing night(b)work,
Prohibit
including
arbitrary
arrangements
age limitations
where
in employment.
such workers, where necessary, can be taken immediately to a
place for appropriate treatment. The employers are likewise required to provide safe and healthful working conditions and adequate or reasonable facilities such as sleeping or resting quarters in the establishment and
transportation from the work premises to the nearest point of their residence subject to exceptions and guidelines to be(c)
provided
Promotebythe
theright
DOLE."
of all employees and workers, regardless of age, to be treated equally in terms of compensation

"Article 157. Transfer. - Night workers who are certified as unfit for night work, due to health reasons, shall be transferred,
Section
whenever
3. Definition
practicable,
of Terms.
to a -similar
As usedjobinfor
thiswhich
Act: 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
(a) Employee
are unable refers
to work,
to aorperson
to secure
whoemployment
performs professional,
during suchmanagerial
period. or administrative work and is paid salaries by

"A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice
(b) Employer
of dismissal
refers
as other
to anyworkers
person, who
natural
areor
prevented
juridical,from
employing
working
theforservices
reasonsofofanhealth."
employee or worker and shall inc
-controlled corporations, and government financial institutions, as well as nonprofit private institutions or organizatio
"Article 158. Women Night Workers. - Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work:
(c) Job applicant refers to a person who applies for employment;
"(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;
(d) Labor contractor refers to any person or an agent of that person who regularly undertakes, with or without comp
"(b) For additional periods, in respect of winch a medical certificate IS produced stating that said additional periods areornecessary
workers’ for
opportunities
the health of
to work
the mother
for anoremployer;
child:

"(1) During pregnancy; (e) Labor organization refers to any union or association of employees or workers which exists in whole or in part fo
employment;
"(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.
(f) Publisher refers to any person or juridical entity engaged in the printing of information on paper and its distribut
"During the periods referred to in this article: and

"(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized causes provided(g)
forWorker
in this Code
refersthat
to aare
person
not connected
who performs
withmanual
pregnancy,
laborchildbirth
involvingand
skilled
childcare
or unskilled
responsibilities.
work, and is paid wages by th

"(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach
Section
to her
4. Coverage.
regular night
- The
work
provisions
position.of this Act shall apply to all employers, labor contractors or subcontractors, if

"Pregnant women and nursing mothers may be allowed to work .at night only if a competent physician, other than the Section
company 5. physician,
Prohibitionshall
of Discrimination
certify their fitness
in Employment
to render night
on Account
work, and
of Age
specify,
- in the case of pregnant
employees, the period of the pregnancy that they can safely work.
(a) It shall be unlawful for an employer to: modified accordingly.

(1) Print or publish, or cause to be printed or published, in any form of media, including the internet, any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and
discrimination based on age;
Kasambahay, Household Service (Refer also to the provisions of R.A. 10361 and R.A. 7655
(2) Require the declaration of age or birth date during the application process; SECTION 1
Household Service (n)
(3) Decline any employment application because of the individual’s age;
Article 1689. Household service shall always be reasonably compensated. Any stipulation that household service
(4) Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment onlodging,
account food,
of such individual’s
and age;
medical attendance.
(5) Deny any employee’s or worker’s promotion or opportunity for training because of age; Article 1690. The head of the family shall furnish, free of charge, to the house helper, suitable and sanitary quarters a
(6) Forcibly lay off an employee or worker because of old age; or Article 1691. If the house helper is under the age of eighteen years, the head of the family shall give an opportunity
house helper's compensation, unless there is a stipulation to the contrary.
(7) Impose early retirement on the basis of such employee’s or worker’s age.
Article 1692. No contract for household service shall last for more than two years. However, such contract may be re
(b) It shall be unlawful for a labor contractor or subcontractor, if any, to refuse to refer for employment or otherwise discriminate against any individual because of such person’s age.
Article 1693. The house helper's clothes shall be subject to stipulation. However, any contract for household service
(c) It shall be unlawful for a labor organization to:
Article 1694. The head of the family shall treat the house helper in a just and humane manner. In no case shall physic
(1) Deny membership to any individual because of such individual’s age;
Article 1695. House helpers shall not be required to work more than ten hours a day. Every house helper shall be allo
(2) Exclude from its membership any individual because of such individual’s age; or
Article 1696. In case of death of the house helper, the head of the family shall bear the funeral expenses if the house
(3) Cause or attempt to cause an employer to discriminate against an individual in violation of this Act.
Article 1697. If the period for household service is fixed neither the head of the family nor the house helper may
(d) It shall be unlawful for a publisher to print or publish any notice of advertisement relating to employment suggesting preferences,
unjustly limitations,
dismissed, he shallspecifications, and discrimination
be paid the compensation alreadybased onplus
earned age.that for fifteen days by way of indemnity.
not exceeding fifteen days.
Section 6. Exceptions. - It shall not be unlawful for an employer to set age limitations in employment if:
Article 1698. If the duration of the household service is not determined either by stipulation or by the nature of the
(a) Age is a bona fide occupational qualification reasonably necessary in the normal operation of a particular business according
or where the differentiation
to the is based on reasonable factors other than age;
following rules:
(b) The intent is to observe the terms of a bona fide seniority system that is not intended to evade the purpose of this Act;
(1) If the compensation is paid by the day, notice may be given on any day that the service shall end at the close of th
(c) The intent is to observe the terms of a bona fide employee retirement or a voluntary early retirement plan consistent withcompensation
(2) If the the purpose isof paid
this by
Act:
theProvided, Thatmay
week, notice suchberetirement or voluntary
given, at the retirement
latest on the plan day
first business is inof the week, th
accordance with the Labor Code, as amended, and other related laws; or
(3) If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the
(d) The action is duly certified by the Secretary of Labor and Employment in accordance with the purpose of this Act.1awp++i1
Article 1699. Upon the extinguishment of the service relation, the house helper may demand from the head of the fa
Section 7. Penalty. - Any violation of this Act shall be punished with a fine of not less than fifty thousand pesos ( house helper.
three (3) months but not more than two (2) years, or both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, partnership or association or other entity, the penalty shall be imposed upon
the guilty officer or officers of such corporation, trust, firm, partnership or association or entity.

Section 8. Education and Research Programs. - The Department of Labor and Employment (DOLE) shall: Home Workers

(a) Conduct studies and researches on minimizing impediments to the employment of older persons, and furnish such information to employers, labor groups, and the general public; and
RULE XIV
Employment
(b) Promote programs, in coordination with public and private agencies, that will further enhance the knowledge and skills of every of Homeworkers
individual regardless of age.1âwphi1

Section 9. Implementing Rules and Regulations. - The DOLE shall have the authority to investigate and require the SECTION
keeping 1.
of General
records statement
necessary on
forcoverage. — This Rule
the administration shallAct.
of this apply to anyninety
Within homeworker whofrom
(90) days performs
the in or about
or indirectly
effectivity of this Act, the Secretary of Labor and Employment shall formulate the necessary rules and regulations to implement theby an employer
provisions andAct.
of this thereafter to be returned to the latter.cralaw

Section 10. Separability Clause. - Should any provision of this Act be declared unconstitutional, the remainder thereofSECTION 2. Definitions.
not otherwise — remain
affected shall As usedininfull
thisforce
Rule,and
theeffect.
following terms shall have the meanings indicated hereunder:

(a) "Home"
Section 11. Repealing Clause. - All existing laws, presidential decrees, executive orders, proclamations or administrative means
regulations anyare
that room, house, apartment,
inconsistent or other premises
with the provisions usedare
of this Act regularly, in whole or
hereby repealed, in part, or
amended as a dwelling pl
performed therein is under the active or personal supervision by, or for, the latter.cralaw

(b) "Employer" means any natural or artificial person who, for his own account or benefit, or on behalf of any person residing outside the Philippines, directly or indirectly, or through any employee, agent, contractor, sub-
contractor; or any other person:

(1) Delivers or causes to be delivered any goods or articles to be processed in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his direction; or

(2) Sells any goods or articles for the purpose of having such goods or articles processed in or about a home and then repurchases them himself or through another after such processing.cralaw

(c) "Contractor" or "sub-contractor" means any person who, for the account or benefit of an employer, delivers or caused 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.cralaw

(d) "Processing" means manufacturing, fabricating, finishing, repairing, altering, packing, wrapping or handling any material.cralaw

SECTION 3. Payment for work. — (a) Immediately upon receipt of the finished goods or articles, the employer shall pay the homeworker or the contractor or sub-contractor, as the case may be, for the work performed;
Provided, However, that where payment is made to a contractor or sub-contractor, the homeworker shall be paid within the week after the contractor or sub-contractor has collected the goods or articles from the
homeworkers.cralaw

(b) The Secretary of Labor and Employment shall from time to time establish the standard minimum piece or output rate in appropriate orders for the particular work or processing to be performed by the
homeworkers.cralaw

SECTION 4. Deductions. — No employee, contractor, or sub-contractor shall make any deduction from the homeworker's earnings for the value of materials which have been lost, destroyed, soiled or otherwise damaged
unless the following conditions are met:

(a) The homeworker concerned is clearly shown to be responsible for the loss or damage;

(b) The employee is 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 damages; and

(d) The deduction is made at such rate that the amount deducted does not exceed 20% of the homeworker's earnings in a week.cralaw

SECTION 5. Conditions for payment of work. — (a) The employer may require the homeworker to re-do work which has been improperly executed without having to pay the stipulated rate more than once.cralaw

(b) An employer, contractor, or sub-contractor need not pay the homeworker for any work which has been done on goods and articles which have been returned for reasons attributable to the fault of the
homeworker.cralaw

SECTION 6. Disagreement between homeworkers and employer. — In cases of disagreement between the homeworker and the employer, contractor or sub-contractor on matters falling under Section 4 (a), 5 and 6 of this
Rule, either party may refer the case to the Regional Office having jurisdiction over the homeworker. The Regional Office shall decide the case within ten (10) working days from receipt of the case. Its decision shall be
final and unappealable.cralaw

SECTION 7. Liability of employer and contractor. — Whenever an employer shall contract with another for the performance of the employer's work, it shall be the duty of such employer to provide in such contract that
the employees or homeworkers of the contractor and the latter's sub-contractor shall be paid in accordance with the provisions of this Rule. In the event that such contractor or sub-contractor fails to pay the wages or
earnings of his employees or homeworkers as specified in this Rule, such employer shall be jointly and severally liable with the contractor or sub-contractor 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 employer.