DISTINCTION OF SPECIAL WORK GROUPS

HANDICAPPED
APPRENTICE LEARNER
WORKERS
An "apprentice" is a worker “Learners” are persons
who is covered by a written hired as trainees in
“Handicapped
apprenticeship agreement with semi-skilled and other
workers” are
an individual employer or any industrial occupations
persons whose
of the entities recognized under which are non-
AS TO earning capacity is
the Labor Code apprenticeable and
DEFINITION impaired by age or
which may be learned
physical or mental
APPRENTICESHIP through practical
deficiency or
It is a practical on the job training on the job in a
injury.
training as supplemented by relatively short period
related theoretical instruction of time
When apprentice When learner may be Handicapped
may be hired: hired: workers may be
employed when
1. The person is at least 15 1. When no their employment
years of age experienced is necessary to
workers are prevent
Those who are at least available curtailment of
15 years of age but less employment
than 18 may be eligible 2. The employment opportunities and
for apprenticeship only of learners is when it does not
in nonhazardous necessary to create unfair
occupation prevent competition in
curtailment of labor costs or
2. The person is physically employment impair or lower
AS TO WHEN
fit for the occupation in opportunities working standards
THEY CAN BE
which he desires to be
HIRED
trained 3. The employment
does not create
3. The person possesses unfair
vocational aptitude and competition in
capacity for the terms of labor
particular occupation as costs or impair
established through or lower
appropriate tests working
standards.
4. The person is able to
comprehend and follow
oral and written
instructions.

AS TO
Employment
CONTRACT Apprenticeship agreement Learnership agreement
agreement
INVOLVED

LABOR LAW GROUP 4 | Bobihis, Mauricio, Oliver, Valdez | 1

 Shall not exceed 6 Shall not exceed 3
AS TO PERIOD
months months
100% minimum
wage

If employed as
Wage rate shall begin at
Wage rate shall begin at not less apprentices/
not less than 75% of the
than 75% of the minimum wage learners – shall not
minimum wage
AS TO WAGE be less than 75% of
RATE No compensation if SOLE minimum wage
Learners in piecework
authorizes, as OJT is required
shall be paid in full for
by the school [Art. 72] If employed as
the work done
learners in piece or
incentive-rate jobs
– 100% of
minimum
may be hired as
apprentices or
learners if their
AS TO
Semi-skill; non- handicap is not
OCCUPATION Highly technical
apprenticeable such as to
INVOLVED
effectively impede
the performance of
job operations
Learnership agreement
must contain a
The employer is not compelled commitment to employ
AS TO to continue one’s employment the learners if they so
COMMITMENT upon termination of desire, as
TO HIRE Apprenticeship (at employer’s regular employees
option) upon completion of
the learnership (at the
learner’s option)
AS TO Additional
½ of the value of labor training
BENEFITS/ Deduction from the
expenses incurred for
DEDUCTIBILITY GI 25% of the total
developing the apprentices
OF TRAINING amount paid as
(provided, apprentices are paid None
COSTS/ salaries and wages
MW and deduction shall not
INCENTIVES to disabled persons
exceed 10% of direct labor
FOR subject to
wage)
EMPLOYERS conditions.

LABOR LAW GROUP 4 | Bobihis, Mauricio, Oliver, Valdez | 2

 QUESTIONS AND ANSWERS

Q1:What will be the effect if an apprentice was required to report for work prior to the
approval of the apprenticeship program by the TESDA? Will your answer be different if what
was not yet approved was the apprenticeship agreement that has already been signed by the
employer and the apprentice? Explain.

A: If an apprentice was required to report for work prior to the approval of the apprenticeship
program by TESDA, the apprenticeship program will have no force and effect. Under the law, an
apprenticeship program should first be approved by the DOLE before an apprentice may be hired,
otherwise the person hired will be considered a regular employee. If the apprenticeship agreement
has no force and effect, the worker hired as apprentice should be considered as a regular employee.

Yes, our answer will be different. If the apprenticeship program was already approved by TESDA,
every apprenticeship agreement entered by and between the employer and apprentice need does
not need to subjected to TESDA’s approval. Hence, the apprenticeship agreement entered into and
signed by the employer and the apprentice is valid.

Q2: What is the minimum employable age?

A: The minimum employable age in the Philippines is fifteen (15) years old. Under the Labor Code:

(a) No child below fifteen (15) years of age shall be employed, except when he works directly under
the sole responsibility of his parents or guardian, and his employment does not in any way interfere
with his schooling.

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

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

Q3: How will you determine if certain employee is being discriminated at work?

A: The following are the instances where a certain employee is being discriminated at work:

Article 133 of the Labor Code provides: Discrimination Prohibited. — It shall be unlawful for any
employer to discriminate against any woman employee with respect to terms and conditions of
employment solely on account of her sex.

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"The following are acts of discrimination:

a. Payment of a lesser compensation, including wage, salary or other form of remuneration

and fringe benefits, to a female employee as against a male employee, for work of equal
value; and
b. Favoring a male employee over a female employee with respect to promotion, training
opportunities, study and scholarship grants solely on account of their sexes.

Under Section 4 (b) of RA 9710:

“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, irrespective of their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.

It includes any act or omission, including by law, policy, administrative measure, or practice, that
directly or indirectly excludes or restricts women in the recognition and promotion of their rights
and their access to and enjoyment of opportunities, benefits, or privileges.

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 of opportunities, benefits, or privileges; or women, more than
men, are shown to have suffered the greater adverse effects of those measures or practices.

Under RA 10911:

Section 5. Prohibition of Discrimination in Employment on Account of Age

(a) It shall be unlawful for an employer to:

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;
2. Require the declaration of age or birth date during the application process;
3. Decline any employment application because of the individual’s age;
4. Discriminate against an individual in terms of compensation, terms and conditions or
privileges of employment on account of such individual’s age;
5. Deny any employee’s or worker’s promotion or opportunity for training because of age;
6. Forcibly lay off an employee or worker because of old age; or
7. Impose early retirement on the basis of such employee’s or worker’s age.

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(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.

(c) It shall be unlawful for a labor organization to:

1. Deny membership to any individual because of such individual’s age;

2. Exclude from its membership any individual because of such individual’s age; or
3. Cause or attempt to cause an employer to discriminate against an individual in violation of
this Act.

(d) It shall be unlawful for a publisher to print or publish any notice of advertisement relating to
employment suggesting preferences, limitations, specifications, and discrimination based on age.

Section 6. Exceptions. - It shall not be unlawful for an employer to set age limitations in
employment if:

a. Age is a bona fide occupational qualification reasonably necessary in the normal operation
of a particular business or where the differentiation is based on reasonable factors other
than age;
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;
c. The intent is to observe the terms of a bona fide employee retirement or a voluntary early
retirement plan consistent with the purpose of this Act: Provided, That such retirement or
voluntary retirement plan is in accordance with the Labor Code, as amended, and other
related laws; or
d. The action is duly certified by the Secretary of Labor and Employment in accordance with
the purpose of this Act.

Q4: What is the most salient distinction between the Sexual Harassment Act and the Gender-
based Sexual Harassment Law?

A: The most salient distinction between the Sexual Harassment Act and the Gender-Based Sexual
Harassment Law is the presence of moral ascendancy or authority of a superior over the victim. In
the Sexual Harassment Act, sexual harassment in the workplace is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor,
or any other person who, having authority, influence or moral ascendancy over another in a work
or training or education environment, demands, requests or otherwise requires any sexual favor
from the other, regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act. On the other hand, sexual harassment under the Gender-Based
Sexual Harassment Law is committed when there is a conduct of sexual nature and other conduct-
based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to
the recipient, whether done verbally, physically or through the use of technology such as text
messaging or electronic mail or through any other forms of information and communication

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systems. It can be committed by anyone regardless whether a superior or not. It is not required that
the person has moral ascendancy or authority over the victim.

Q5: Is the requirement of capital for legitimate contracting limited to financial and office
resources? Explain.

A: No, the requirement of capital for legitimate contracting is not limited to financial and office
resources. Rule VIII Book III of the Omnibus Implementing Rules and Regulations of the Labor Code
provides that:

SECTION 8. Job Contracting. — There is job contracting permissible under the Code if the
following conditions are met:

(a) The contractor carries on an independent business and undertakes the contract work on
his own account under his own responsibility according to his own manner and method,
free from the control and direction of his employer or principal in all matters connected
with the performance of the work except as to the results thereof; and

(b) The contractor has substantial capital or investment in the form of tools, equipment,
machineries, work premises, and other materials which are necessary in the conduct of his
business.

Section 5 of Department Order No. 18-02 of the Rules Implementing Articles 106 to 109 of the
Labor Code, as amended, also provides what constitutes "substantial capital or investment" and
"right of control," viz.:

"Substantial capital or investment" refers to capital stocks and subscribed capitalization in

the case of corporations, tools, equipment, implements, machineries and work premises,
actually and directly used by the contractor or subcontractor in the performance or
completion of the job work or service contracted out.

The requirement of capital for legitimate contracting is not only limited to financial and offices
resources because such requirement covers not only financial and office resources but also
resources which are necessary to the conduct of the business.

LABOR LAW GROUP 4 | Bobihis, Mauricio, Oliver, Valdez | 6

 DISCUSSIONS

LEARNER VS. APPRENTICE VS. PERSONS WITH DISABILITY

• “Learners” are persons hired as trainees in semi-skilled and other industrial occupations
which are non-apprenticeable and which may be learned through practical training on the
job in a relatively short period of time
• An "apprentice" is a worker who is covered by a written apprenticeship agreement with an
individual employer or any of the entities recognized under the Labor Code
• Disabled Persons are those suffering from restriction of different abilities, as a result of a
mental, physical or sensory impairment, to perform an activity in the manner or within the
range considered normal for a human being . “Handicapped workers” are persons whose
earning capacity is impaired by age or physical or mental deficiency or injury.

ACTS OF DISCRIMINATION ACROSS DIFFERENT SPECIAL WORK GROUPS

DISCRIMINATION AGAINST WOMEN (Labor Code)

Article 135. Discrimination prohibited. It shall be unlawful for any employer to discriminate against
any woman employee with respect to terms and conditions of employment solely on account of her
sex.

The following are acts of discrimination:

a. Payment of a lesser compensation, including wage, salary or other form of remuneration

and fringe benefits, to a female employees as against a male employee, for work of equal
value; and
b. Favoring a male employee over a female employee with respect to promotion, training
opportunities, study and scholarship grants solely on account of their sexes.

Article 136. Stipulation against marriage. It shall be unlawful for an employer to require as a
condition of employment or continuation of employment that a woman employee shall not get
married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be
deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise
prejudice a woman employee merely by reason of her marriage.

Article 137. Prohibited acts. It shall be unlawful for any employer:

a. To deny any woman employee the benefits provided for in this Chapter or to discharge any
woman employed by him for the purpose of preventing her from enjoying any of the
benefits provided under this Code.
b. To discharge such woman on account of her pregnancy, or while on leave or in confinement
due to her pregnancy;
c. To discharge or refuse the admission of such woman upon returning to her work for fear
that she may again be pregnant

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DISCRIMINATION AGAINST DISABLED PERSONS (RA 7277)

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 of employment.

The following constitute acts of discrimination:

a. Limiting, segregating or classifying a disabled job applicant in such a manner that adversely
affects his work opportunities;
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;
c. Utilizing standards, criteria, or methods of administration that:
1). have the effect of discrimination on the basis of disability; or
2). perpetuate the discrimination of others who are subject to common administrative
control;
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;
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;
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;
h. Failing to select or administer in the effective manner employment tests which accurately
reflect the skills, aptitude or other factor of the disabled applicant or employee that such
test purports to measure, rather than 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

DISCRIMINATION AGAINST ANY INDIVIDUAL ON ACCOUNT OF AGE (RA 10911)

Section 5. Prohibition of Discrimination in Employment on Account of Age –

(a) It shall be unlawful for an employer to:

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;
2. Require the declaration of age or birth date during the application process;
3. Decline any employment application because of the individual’s age;
4. Discriminate against an individual in terms of compensation, terms and conditions or
privileges of employment on account of such individual’s age;
5. Deny any employee’s or worker’s promotion or opportunity for training because of age;

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 6. Forcibly lay off an employee or worker because of old age; or
7. Impose early retirement on the basis of such employee’s or worker’s age.

(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.

(c) It shall be unlawful for a labor organization to:

1. Deny membership to any individual because of such individual’s age;
2. Exclude from its membership any individual because of such individual’s age; or
3. Cause or attempt to cause an employer to discriminate against an individual in violation of
this Act.

(d) It shall be unlawful for a publisher to print or publish any notice of advertisement relating to
employment suggesting preferences, limitations, specifications, and discrimination based on age.

WORK ARRANGEMENTS FOR MINOR

RA 7610 otherwise known as the “Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act”, as amended by RA 7658

“Sec. 12. Employment of Children. — Children below 15 years of age shall not be employed
except:

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

(2) Where a child’s employment or participation in public entertainment or information

through cinema, theater, radio or television is essential: Provided, The employment contract
is concluded by the child’s parents or legal guardian, with the express agreement of the
child concerned, if possible, and the approval of the Department of Labor and Employment:
and Provided, That the following requirements in all instances are strictly complied with:

a. The employer shall ensure the protection, health, safety, morals and normal
development of the child;
b. The employer shall institute measures to prevent the child’s exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and
c. The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skills
acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall
first secure, before engaging such child, a work permit from DOLE which shall ensure
observance of the above requirements.

RA 7610, as amended by RA 9231

LABOR LAW GROUP 4 | Bobihis, Mauricio, Oliver, Valdez | 9

 "Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child
shall be employed as a model in any advertisement directly or indirectly promoting
alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling or any form
of violence or pornography."

WORK ARRANGEMENTS/CONDITIONS FOR EMPLOYMENT OF SECURITY GUARDS

All security guards and other private security personnel, whether deployed or assigned as reliever,
seasonal, week-ender, or temporary, shall be entitled to all the rights and privileges as provided for
in the Labor Code, which shall include:
a. Safe and healthful working conditions;
b. Labor standards as may be provided in the Service Agreement or under the Labor Code;
c. Retirement benefits under RA 7641, RA 1161, as amended by RA 8282, and retirement
plans of the security service contractor, if any
d. Social security and welfare benefits
e. Right to self-organization and collective bargaining, subject to the provisions of existing
laws; and
f. Security of tenure. [Sec. 6, DO 150-16]

PNP Examination required for employment

The security guards and other private security personnel in the employ of any security service
contractor (SSC)/private security agency (PSA) should be duly licensed and must have passed the
physical and neuro-psychiatric examination and drug test required by the PNP for pre-employment
and for continued employment. Expenses for these examinations and test shall be shouldered by
the security guards.

Any additional test may be required at the expense of the requesting party. [Sec. 7.1, DO 150-16]

Minimum wage
Unless a higher minimum wage is agreed upon by the parties, the security guards and other private
security personnel shall be entitled to receive a salary of not less than the minimum wage rate
prescribed for non-agricultural sector or industry in the region where he/she is assigned,
regardless of the nature of business of the principal. [Sec. 7.3, DO 150-16]

In case of transfer, the wage rate most favorable to the security guards and other private security
personnel shall apply. [Sec. 7.4, DO 150-16]

Deductions from salary

No deduction shall be made from the salary of the security guards and other private security
personnel, except for:
1. SSS contribution
2. Pag-IBIG contribution
3. PhilHealth contribution
4. Withholding tax from income, provided a proper withholding tax receipt is issued to the
employee before the filing of income tax return every year
5. Union dues, if authorized in writing
6. Agency fees which may be collected from employees who are not members of the
bargaining agent but accept benefits under the collective bargaining agreement (CBA)
7. Other deductions may be authorized in writing by the security guard and other private
security personnel for payment to a third person and the employer agrees to do so,

LABOR LAW GROUP 4 | Bobihis, Mauricio, Oliver, Valdez | 10

 provided that the latter does not receive any pecuniary benefit, directly or indirectly, from
the transaction

WORK ARRANGEMENTS AND/OR BENEFITS OF OTHER SPECIAL WORK GROUPS

Domestic Workers / Kasambahay - (RA No. 10361 or Domestic Workers Act)

''Domestic worker" or "Kasambahay" refers to any person engaged in domestic work within an
employment relationship, whether on a live-in or live-out arrangement, such as, but not limited to,
general househelp, "yaya", cook, gardener, or laundry person, but shall exclude service providers,
family drivers, children who are under foster family arrangement, or any person who performs
domestic work only occasionally or sporadically and not on an occupational basis.

HIRING OF KASAMBAHAY.
Mode of Hiring - A Kasambahay can be hired by the employer directly or indirectly through a
licensed ''Private Employment Agency (PEA)" which refers to any individual, partnership,
corporation or entity licensed by the DOLE to engage in the recruitment and placement of
Kasambahay for local employment.'

COST OF HIRING:
The employer shall shoulder the cost of hiring of a Kmambaht:J, whether he/she is hired through a
licensed PEA. In no case shall the recruitment or finder's fees be charged against the Kasambahay

RIGHTS AND PRIVILEGES OF KASAMBAHAY.

a. Minimum wage;
b. Other mandatory benefits, such as the daily and weekly rest periods, service incentive leave
and 13th month pay;
c. Freedom from employer's interference in the disposal of wages;
d. Coverage under the SSS, PhilHealth and Pag-IBIG laws;
e. Standard of treatment; (Q Board, lodging and medical attendance;
f. Right to privacy;
g. Access to outside communication;
h. Access to education and training;
i. Right to form, join or assist labor organization;
j. Right to be provided a copy of the employment contract;
k. Right to certificate of employment;
l. Right to terminate the employment; and
m. Right to exercise their own religious beliefs and cultural practices.

TERMS AND CONDITIONS OF EMPLOYMENT.

a. Employable age. - Children whose age is below 15 years are absolutely prohibited to work
as Kasambahay.
b. Normal daily hours of work. - Because R.A. No. 10361 does not contain any provision on the
number of normal hours of work that a Kmambahay should render in a day but merely
prescribes said daily rest period of eight (8) hours per day, it may be deduced that the
Kasambahay should work for at least a total of sixteen (16) hours per day as normal hours
of work. Congruently, it must be noted that the Labor Code does not contain any provision
on normal hours of work of househelpers. However, Article 1695 of the Civil Code
specifically provides that househelpers shall not be required to work for more than ten (10)

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 hours a day. Since R.A. No. 10361, a special law, is the most recent piece of legislation; it
should prevail over the general provision of the Civil Code.

Night workers (RA 10151)

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:

a. Before taking up an assignment as a night worker;

b. At regular intervals during such an assignment; and
c. If they experience health problems during such, an assignment which are not caused by
factors other than the performance of night work.

"With the exception of a finding of unfitness for night work, the findings of such assessments shall
not be transmitted to others without the workers' consent and shall not be used to their detriment."

"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 and adequate or reasonable facilities such as sleeping or resting quarters in the
establishment and transportation from the work premises to the nearest point of their residence
subject to exceptions and guidelines to be provided by the DOLE."

"ARTICLE 157. TRANSFER.

Night workers who are certified as unfit for night work, due to health reasons, shall be transferred,
whenever practicable, to a similar job for which they are fit to work.

"If such transfer to a similar job is not practicable, these workers shall be granted the same benefits
as other workers who are unable to work, or to secure employment during such period.

"A night worker certified as temporarily unfit for night work shall be given the same protection
against dismissal or notice of dismissal as other workers who are prevented from working for
reasons of health."

"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:

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 are necessary for the health of the mother or child:
1. During pregnancy;

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

"During the periods referred to in this article:

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

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

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

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

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

"ARTICLE 159. COMPENSATION.

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

"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 shall
consult the workers' representatives/labor organizations concerned on the details of such
schedules and the forms of organization of night work that are best adapted to the establishment
and its personnel, as well as on the occupational health measures and social services which are
required. In establishments employing night workers, consultation shall take place regularly."

HOMEWORKERS

Rights and benefits accorded homeworkers

a. Right to form, join or assist organizations [Sec. 3, Rule XIV, Book III, IRR]

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 b. Right to acquire legal personality and the rights and privileges granted by law to legitimate
labor organizations upon issuance of the certification of registration [Sec. 4, Rule XIV, Book
III, IRR]
c. Immediate payment upon employer’s receipt of finished goods or articles [Sec. 6, Rule XIV,
Book III, IRR]
d. SSS, MEDICARE and ECC premium contributions shall be deducted from their pay and shall
be remitted by ER/contractor/subcontractor to the SSS [Sec. 6, Rule XIV, Book III, IRR]

Liability of Employer

a. Employer may require homeworker to redo work improperly executed without additional
pay [Sec. 9(a), Rule XIV, Book III, IRR]
b. Employer need not pay homeworker for any work done on goods or articles not returned
due to homeworker’s fault [Sec. 9(b), Rule XIV, Book III, IRR]
c. If subcontractor/contractor fails to pay homeworker, employer is jointly and severally
liable with the former to the homeworker for his/her wage [Sec. 11, Rule XIV, Book III, IRR]
d. Employer shall assist the homeworkers in the maintenance of basic safe and healthful
working conditions at the homeworkers’ place of work. [Sec. 11, Rule XIV, Book III, IRR]

Regional Office shall provide technical assistance to registered homeworkers’ organizations [Sec.
14, Rule XIV, Book III, IRR]

Prohibited Homework
a. explosives, fireworks and articles of like character
b. drugs and poisons
c. other articles, the processing of which requires exposure to toxic substances. [Sec. 13, Rule
XIV, Book III, IRR]

Deductions
No deduction from the homeworker’s earnings for the value of materials lost, destroyed or
damaged unless:
a. Homeworker is clearly shown to be responsible for loss or damage
b. Reasonable opportunity to be heard
c. Amount of deduction is fair and reasonable, and does not exceed actual loss or damage
d. Deduction does not exceed 20% of homeworker’s weekly earnings [Sec. 8, Rule XIV, Book
III, IRR]

SPECIAL TYPES OF LEAVES AMONG SPECIAL WORK GROUPS

I. WOMEN

A. Expanded Maternity Leave (R.A. 11210)

Entitles female workers in the public and private sector additional paid leaves in
childbirth. 105 days of paid leave are granted to a female worker with a live
childbirth, regardless of the mode of delivery and an additional of 15 days if the
female worker qualifies as a solo parent under the R.A. 8972 or the Solo Parents
Welfare Act.

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 60 days paid leave are granted for miscarriage and emergency termination. The
benefit may be availed by married and single women.

There is an option to extend the leave to another 30 days but without pay for live
childbirth.

For female workers in the private sector, she must have paid at least 3 monthly SSS
contributions in the 12 month period immediately preceding the semester of the
birth, miscarriage or termination and must also notify her employer of the
pregnancy and expected date of birth. Notice shall be transmitted to the SSS in
accordance with the rules and regulations it may provide. However, failure of the
pregnant female workers to notify the employer shall not bar her from receiving the
maternity benefits, subject to guidelines prescribed by the SSS.

For female workers in the public sector, the female worker should give prior notice
to the head of agency at least 30 days in advance, whenever possible specifying the
date of the leave.

B. Special Leave (R.A. 9710)

Women who underwent surgery for gynecological disorders are entitled to up to 2

months paid leave based on her gross monthly compensation which consists of the
monthly basic pay plus the mandatory allowances fixed by law.

Women employees are entitled to this benefit regardless of age and civil status.

In the private sector, any female employee who has been with the company for the
last twelve (12) months and has rendered at least six (6) months of continuous
aggregate service may avail the said leave prior to undergoing surgery. It may be
filed within any reasonable period prior to the scheduled surgery.

In the public sector, any female employee who has rendered at least six (6) months
aggregated service in any various government agencies for the last twelve (12)
months prior to undergoing surgery for gynecological disorders may avail of the
said leave. The application may be filed 5 days in advance.

Special Leave benefit may be availed following surgery caused by a gynecological

disorder. However, for employees in the private sector, the employer, in its
discretion, may allow said employee to receive her pay for the period covered by the
approved leave before or during the surgery.

C. Ten day VAWC Leave (R.A. 9262)

Victims of VAWC are entitled to a ten-day paid leave in addition to other paid leaves.
To avail of the benefit, the employee should present to her employer a Certification
from the Barangay Chairman or Kagawad, or prosecutor, or clerk of court that an
action relative to the VAWC is pending.

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 II. KASAMBAHAYS

a. Minimum of 5 days of vacation leave with pay for employees who has rendered at least
1 year of service

III. SOLO PARENTS

a. Seven paid leave per year is granted to every solo parent. A solo parent is one who is left
alone in the responsibility of parenthood.

In order to be entitled to the leave, a solo parent employee should have rendered at
least one (1) year of service, whether continuous or broken. In addition, the employee
should notify his or her employer that he or she will avail of the leave within a
reasonable period of time. Finally, the solo parent employee must present to the
employer his or her Solo Parent Identification Card. Such card which may be obtained
from the Department of Social Welfare and Development (DSWD) located in the city
where the employee resides.

IV. NIGHT WORKERS (R.A. 10151)

Women night workers are entitled to an extension of maternity leave if transfer to day
work is not possible. It requires a recommendation from a competent physician and
shall be without pay. Unused earned leave credits may be used

LABOR-ONLY CONTRACTING vs. INDEPENDENT/LEGITIMATE JOB CONTRACTORS

Job contracting or subcontracting is an arrangement whereby a principal agrees to farm out to a

contractor the performance or completion of a specific job or work within a definite period,
regardless or whether such job or work is to be performed or completed within or outside the
premises of the principal (DOLE D.O. 174-12)

The Labor Code allows job contracting and it mandates that the employees of the contractor and of
the latter’s subcontractor shall be paid in accordance with the standards provided by the Code. It
makes the employer solidarily liable with the contractor or subcontractor in the event that the
wage of the employees are not paid. (Article 106, LC)

Under a legitimate job contracting, there are three parties involved:

a. Principal
b. Contractors/Subcontractors
c. Contractors’ employees.

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The elements of a legitimate contracting are:

a. The contractor or subcontractor is engaged in a distinct and independent business and

undertakes to perform job or work on its own responsibility according to its own method
b. The contractor/subcontractor has substantial capital to carry out the job farmed out by the
principal on his account, manner and method, investment in the form of tools, equipment,
machinery and supervision
c. The contractor is free from the control or discretion of the principal in the performance of
the work farmed out
d. The service agreement ensures compliance with all the rights and benefits for all the
employees of the contractor or subcontractor

What the law prohibits is labor-only contracting which is defined as an agreement where the
contractor or subcontractor recruits, supplies, or places workers to perform a job or work for a
principal.

The elements are:

a. The contractor/subcontractor does not have substantial capital or investments in the form
of tools, equipment, machineries, supervision, work premises, etc.
b. The contractor does not exercise the right to control over the performance of the work of
his employees
c. The employees recruited and placed are performing activities which are directly related to
the main business operation of the principal.

Job contracting refers to the completion or performance of the job or work or service within the
given period while labor-only contracting is not really contracting because the arrangement is
merely to recruit or place people to be employed, supervised, and paid by another, who therefore is
the employer. The commitment of the contractor is not to do and deliver a job but merely to find
and supply people. This is prohibited because it attempts to evade the obligations of the employer.

SEXUAL HARASSMENT vs. GENDER-BASED HARASSMENT

Sexual harassment is penalized under R.A. 7877. Under the law, sexual harassment is only limited in
work, education, and training-related environments. It covers acts of demanding, requesting or
otherwise requiring any sexual favor from the other, regardless of whether these are accepted by
the object of said acts, and committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority,
influence or moral ascendancy over another.

Gender-based harassment on the other hand is governed by R.A. 11313. The crime of GSBH in the
workplace includes the following: (1) An act or series of acts involving any unwelcome sexual
advances, requests or demand for sexual favors or any act of sexual nature; whether done verbally,
physically or through the use of technology such as text messaging or electronic mail or through
any other forms of information and communication systems; that has or could have a detrimental
effect on the conditions of an individual's employment or education, job performance or
opportunities; (2) A conduct of sexual nature and other conduct based on sex affecting the dignity
of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done

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verbally, physically or through the use of technology such as text messaging or electronic mail or
through any other forms of information and communication systems; and (3) A conduct that is
unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the
recipient.

Compared with sexual harassment, the element of undue influence or moral ascendancy or
authority over the victim by the perpetrator is not an element in gender-based harassment.
Moreover, gender-based harassment may be committed in almost any public space and is not
limited in work, education, or training-related environments.

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