Part ITHE LABOR CODE with NOTES A PIECE OF ADVICE TO BAR REVIEWEES 1. 2. The notes do not repeat the codal articles. Therefore, read and reread the acticles before you read the annotations. Take down notes from the review lecturer. 1 THE LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE NO. 442 A DECREE INSTITUTING A LABOR CODE, THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND ENSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE. As Amended By Presidential Decree Nos. 570-A, 626, 643, 823, 849, 850, 865-A, 891, 1367, 1368, 1391, 1412, 1641, 1691, 1692 1693, 1920, 1921, and 2018 Batas Pambansa Blg. 32, 70, 130 and 227 Executive Order Nos. 47, 111, 126, 179, 180, 203, 247, 251, 252, 307, 797 and Republic Act Nos. 6640, 6657, 6715, 6725, 6727, 7610, 7641, 7655, 7658, 7700, 7730, 7796, 7877, 8042, 8188, 8558, 9177, 9231, 9256, 9347, 9422, 9481, and 9492 2 PRELIMINARY TITLE Chapter I GENERAL PROVISIONS 1. What are the objectives of Philippine labor laws?* 2. Are our labor laws biased in favor of labor and against capital? 3. Does the Labor Code apply to government employees or only to those in the private sector? ARTICLE 1. NAME OF DECREE. — This Decree shall be known as the “Labor Code of the Philippines.” NOTES This Labor Code is the principal labor law of the country. It contains most of our labor laws, such as those on illegal recruitment, wages of workers, rights of union members, collective bargaining, and employment termination. It also deals with the rights of employers, such as the right to make and enforce reasonable regulations, to reorganize and economize, and to lay off lazy and undisciplined employees. The Labor Code has gathered in one volume some 60 pieces of law which were in force when the codification began in 1968, such as the Eight-hour Labor law, the Minimum Wage law, and the Termination Pay Law. But even now there are labor laws that are not found in the Labor Code. Examples are the laws on the thirteenth month pay, on paternity leave, and on sexual harassment. Still, knowing the Labor Code is knowing the major component of our labor laws. This Code is a piece of social legislation, referring to a broad category of laws that protect or promote the welfare of society or segments of it in furtherance of social justice. Social legislation is conceptually broader than labor laws. Aside from the labor laws already mentioned, some examples of social legislation are the social security law, the agrarian reform law, and the law on migrant workers. *The boxed questions are not part of the Code. They are added as chapter previews. 3 i . compulsory at 60. or distribution to managerial employees (applicable only in establishments collecting service charges) 13th-month pay: 1/12 of the total basic salary earned within the calendar year Paternity leave: 7 days with full pay to attend to needs of legal wife before/during/after delivery Separation pay: Minimum of 1/2 month pay for every year of service for authorized causes of separation Retirement pay: 22. breakages. ii . Premium pay for work within 8 hours on a ✔ Special or rest day: plus 30% of basic daily rate (bdr) ✔ Rest day falling on a special day: plus 50% of bdr ✔ Rest day falling on a regular holiday: plus 30% of 200% of bdr Overtime pay for work in excess of 8 hours on ✔ Ordinary days: plus 25% of the basic hourly rate ✔ Special days. optional retirement at 50 under RA 7641 as amended by RA 8558. WEEKLY REST DAY • A day-off of 24 consecutive hours after 6 days of work should be scheduled by the employer upon consultation with the workers.BASIC RIGHTS OF WORKERS 1. 15% for losses. HOURS OF WORK • • Normal working hours of 8 hours a day Meal and rest period: meal break of less than one hour and short rest periods shall be considered compensable working time 3. Workers shall be made regular after 6 months probation.5 days salary for every year of service for optional retirement at 60 under RA 7641 or under applicable agreement or for compulsory retirement at age 65 For underground mine employees. WAGE AND WAGE-RELATED BENEFITS • • • • • • • • • • • • Minimum wage in the region/sector or more Holiday pay: One day pay for every regular holiday even if unworked subject to certain conditions. rest days and holidays: plus 30% of the regular hourly rate on said days Nightshift differential pay: plus 10% of the basic/regular rate for work between 10PM — 6AM Service incentive leave: 5 days with pay per year of service Service charges: 85% for distribution to rank-and-file employees. 2. 4. SECURITY OF TENURE • • Workers cannot be dismissed without just and authorized causes and due process. fire exits and extinguishers. equal pay for work of equal value). dressing rooms Prohibition against discrimination with respect to pay (i. training opportunities. legal tender at or near the place of work Payment may be made through a bank upon written petition of majority of the workers in establishments with 25 or more employees and within one kilometer radius to a bank Payment shall be made directly to the employees Wages shall be given not less than once every two weeks or twice within a month at intervals not exceeding 16 days Preference of workers’ money claims over government and other creditors in case of bankruptcy or liquidation of business Labor-only contracting is prohibited and the [so-called] contractor is considered merely as an agent of the employer 6. EMPLOYMENT OF YOUNG WORKERS • Minimum employable age is 15 years. A worker below 15 should be directly under the sole responsibility of parents or guardians. EMPLOYMENT OF WOMEN • • • Nightwork prohibition unless allowed by the Rules ✔ In industrial undertakings from 10 PM to 6 AM ✔ In commercial/non-industrial undertakings from 12 MN to 6 AM ✔ In agricultural undertakings. with work permit from DOLE • No person below 18 can be employed in a hazardous or deleterious undertaking 8. at night time unless given not less than 9 consecutive hours of rest Welfare facilities at the workplace such as seats. occupational health personnel and services. SELF-ORGANIZATION AND COLLECTIVE BARGAINING 10. 5. family welfare/family planning services at the workplace. LABOR EDUCATION THRU SEMINARS. etc. EDUCATION AND COMMUNICATION MATERIALS 11. work does not interfere with child’s schooling/normal development. PEACEFUL CONCERTED ACTIVITIES IN ACCORDANCE WITH LAW iii . 9..e. lavatories. SAFE AND HEALTHFUL CONDITIONS OF WORK AND WELFARE SERVICES • Proper illumination and ventilation. promotion. study and scholarship grants 7. separate toilet rooms. DIALOGS AND INFORMATION. PAYMENT OF WAGES • • • • • • Wages shall be paid in cash. — CAA iv . DEPARTMENT OF LABOR AND EMPLOYMENT To the list of paid leaves should be added the solo parent’s leave (under R. PARTICIPATION IN POLICY AND DECISION-MAKING PROCESSES AFFECTING THEIR RIGHTS AND BENEFITS 13.A. death and pension benefits Source: BUREAU OF WORKING CONDITIONS. sickness. both of which are available under certain conditions. 2009. No. Another recent addition to paid absences of women workers is the two months’ “special leave” (or surgical leave) with full pay under R. ECC BENEFITS FOR WORK-RELATED CONTINGENCIES • • • • • Medical benefits for sickness/injuries Disability benefits Rehabilitation benefits Death and funeral benefits Pension benefits 15. No. No.A. 8972) and the so-called “battered woman leave” (under R. disability.A. retirement. approved on August 14. 9710. 9262). known as the Magna Carta of Women. 12. SSS BENEFITS • Maternity. FREE ACCESS TO THE COURTS AND QUASI-JUDICIAL BODIES AND SPEEDY DISPOSITION OF THEIR CASES 14. not the way to Social Justice. They are not separate but inseparable components of the same unit: the economy. Lopsidedly favoring one will debilitate the other: a mound on one is a dent on the other. v . This is not the way to distribute wealth.To the hands that provide Food and Freedom. . the only way to teach them. Debilitating one will debilitate the whole. (Whose hands are they?) The only way to craft labor laws. Jobs and Justice. the only way to apply them is by balancing the rights and interests of both labor and capital. vi . vii . recipient of the Supreme Court “Centenary Book Award.” now on sixteenth anniversary edition EVERYONE’S LABOR CODE The labor law fundamentals/reviewer: The Labor Code for business and law students. fifth edition LABOR LAWS SOURCE BOOK The compilation: The integrated. now on fourth edition ESSENTIAL LABOR LAWS The companion book: A handy bible of the labor laws most frequently consulted by most practitioners and ardent students. intended for law students. and researchers. previously titled Labor Law Handbook. practitioners. the Implementing Rules. and systematic compilation of virtually all labor laws. and other labor laws. primarily meant for practitioners.Books by the Author THE LABOR CODE WITH COMMENTS AND CASES (VOLUMES I and II) The textbooks: A comprehensive instructional study of the whole Labor Code. updated. bar reviewees. key codal provisions are supplemented with essential explanatory ‘Notes’ and rulings condensed in plain English. lawyers. approved as general reading or college reference book by the Department of Education viii . and the general public. updated with Notes. consists of three parts: the Labor Code with update and reference notes. unionists. teachers. richly amplified with comments and court rulings. third edition forthcoming DEMOCRACY AND SOCIALISM: A CURRICULUM OF CONTENTIONS A study in political theory: An integrating exposition of the principles and postulates of the two socio-political ideologies. rexpublishing. JR.ph ix . Nos. Philippines www. AZUCENA. A.com. Fifth Edition 2007 April 2010 Update Book Store 856 Nicanor Reyes.: 735-1364 • 736-0567 1977 C.Everyone’s L ABOR CODE C.: 735-5527 • 735-5534 Manila.M. Tel. Recto Avenue Tel. Sr. St. Nos. REPRINTED: April 2009 Printed by: rex printing company. 2000. but they do not substitute for the original sources. Quezon City Tel.. (2) The “Notes” to the Articles are mostly substantive and careful summaries of court rulings. typography & creative lithography 84 P. 2007 by CESARIO ALVERO AZUCENA. Florentino St. inc.Philippine Copyright 1997.: 712-4101 • 712-4108 x . readers facing a dispute may need assistance from an expert professional. Bar Reviewer 1997 edition (three reprintings) 2000 edition (two reprintings) 2001 edition (six reprintings) 2006 edition 2007 edition Fifth Edition (with latest update) ALL RIGHTS RESERVED No part of this book may be reproduced in any way without a written permission from the author. 2001. ____________ ISBN-978-971-23-4970-6 Notice: (1) This work provides helpful information but is not meant to be a self-contained advisor. Mesa Hts. Practitioner. Sta. Nos. Any copy of this book without the author’s original signature and a corresponding number on this page proceeds from an illegitimate source and its possession by anyone is unauthorized. Professor. 2006. PCPM Certificate of Registration No.. JR. at most. and. On the contrary. plus harmonious labor relations (batas ng bayan). what can be done to make it known. it ought to have discussed the question how much of a given legal material is known as a rule of conduct and is followed as such. Eugen Ehrlich (1862-1922) Our main premise is that quality education and training.Everyone’s L ABOR CODE A juristic science which conceives of law as a rule of conduct could not consistently have laid down a principle that men are bound by the law even though they do not know it. BRION Secretary Department of Labor and Employment xi . plus good human relations (batas ng samahan). for one cannot act according to a rule that one does not know. equals productivity and competitiveness for the Filipino work force and human resource!! ARTURO D. not just to lawyers and law students. salary and benefits administration. To them. by some articles in Books II and V. the people themselves should be adequately informed of the laws.. but. Also reflected are the 2002 Rules of the POEA and the NLRC Revised Rules of Procedure that took effect on January 7.. such as the minimum labor standards. V. or replaced only by permissible substitutes.” This work aspires to bring the labor laws to wide public awareness.. they have to be obeyed. by Books III. 18-02. Selection and placement of employees are affected by laws found in Books I. lawmaking is only half-done. Where they are xii . I owe the readers nothing less. though.. mostly those under Department Orders Nos.. SPECIAL WORDS . otherwise. and VI. administrative regulations. can be confident and competent without a working knowledge of the labor laws because they affect the various human resource management functions. Most of the Labor Code articles — the key or significant provisions — are supplemented with “Notes” written succinctly and simply in nonlegalistic style. by Books III and V. But I believe that no people manager. Considering its varied sources — the Labor Code itself. Labor laws are either prescriptions or boundaries or both. present or prospective. V. Where they are prescriptions or commands. Sadly. Public Labor Education as a cause deserves support. to People Managers and Business Students: A people manager does not have to be a lawyer because people management is not all law. Many of the “Notes” quote or condense court rulings. court rulings.. This edition also reflects many changes made by implementing rules recently released.PREFACE “More than the fundamentals. 2006. training and development. and special laws — the book therefore goes beyond the fundamentals. and VI of the Code. have a responsibility to tell the laws to the people. most Filipino workers and many business owners and managers are uninformed of their rights and responsibilities. And public information is most gravely needed of laws that affect the mass of workers. and I have taken great care that the gists captured the rulings accurately. such as the labor laws. I have not traded correctness for simplicity. 40-03 and 57-04. III. . I take the liberty to address some thoughts. employment and union relations. Because laws exist to address public concerns. I think. This book aims to popularize labor law fundamentals in a manner suited to lay readers. Law writers and law teachers. I have profusely enriched it as a reviewer. the mind. in a Q-and-A reviewer the particular points of law come out piece by piece. must be free to explore and free to ask questions outside the box. The oft-repeated advice says that a bar reviewee must first master the codal provisions before the annotations... one needs a solid foundation. The way to learning. but they are severely selective and condensed. I do acknowledge that there exist two or three Q-and-A reviewers that are so masterly crafted they crystallize their subjects. I say. not through memorizing or readymade devices. Omitted are rationales of doctrines. With due respect to other authors. according to educatorphilosopher John Dewey. To understand precepts and concepts. that this book does not provide a solid grounding in labor law such as a lawyer. in disjointed fashion. For one to pass the bar exam. Secondly. to Law Students: One who is seriously aspiring to become a lawyer should not be contented with this book. Although this book presents a little more than the fundamentals.. particularly the concepts. or subsumed in questions. is through inquiry.boundaries. are not scattered in “chop-chop” form. This book contains explanations of labor law provisions as well as gists of court rulings. then. The same competence is expected of union leaders. xiii . a people manager. is unwise use of precious time. knowledge of labor laws is elemental in competent and effective management of people. Firstly.. such as the law against anti-unionism. I have misgivings about Q-and-A reviewers. Once the question is changed the stock answer will not fit. But this reviewer is not in question-and-answer format. many court rulings. and many “advanced” issues. I think. But. I believe that the question-and-answer format constricts rather than expands the student's understanding of concepts. or an aspiring lawyer needs. The question is a box. a foundation that only comprehensive textbooks can build. Finally. . Either way. it is not a substitute for the textbooks in Labor Standards and Labor Relations. This advice is easier to follow if the provisions. they can be transgressed only with damaging effects. and Bar Reviewees: Because law students use this book in their bar review. I believe. For these three reasons I do prefer the “open” instead of the “boxed” type of reviewer. . New topics and significant Supreme Court rulings are added to this edition. Unless joined together they do not show the broad picture. Responsible and effective unionism is remote where knowledge of and respect for labor laws are deficient or absent. the answer must fit the box. much time is spent in reading and understanding the questions instead of the texts of the statutes and decisions. This. quite frankly. Heilbroner. and Garcia are also included. As last-minute update. and about dismissal of an employee for having married a co-employee. No. The book is careful about what it says and how it is said. But. xiv . to strengthen the self-organizational rights of employees under Book V of the Code. 40-F-03 issued on October 30. No. No. 2007 Note to this Update This April 2010 Update includes the amendments made by R. The other new matters are gists of recent and significant Supreme Court rulings such as those about manpower service cooperatives doing labor-only contracting. effective on June 14. No. etc. I have adopted it for this 2007 edition because while the changes here are important.) — because I was mindful of the counsel of Justice Learned Hand: “The language of the law must not be foreign to the ears of those who are to obey it. If this book. Bernas. they are few and far between. we appended the just-released DOLE Circular about contractor cooperatives. despite its shortcomings.. Articles 213 to 216 about the NLRC have been amended by R. 2007. Russell. Also reflected here are the fresh changes made by R. In the process I certainly tried to write simply and clearly — learning from the style of great essayists (Adler.” Up to this point you have been reading the preface of this book’s 2006 edition. 2008. Gists of very significant Supreme Court decisions. 9347 which lapsed into law in July 2006. very likely. No. then all the efforts it demanded would have been well spent. Serrano. 9492 (about the so-called “holiday economics”).g. 9481 (strengthening of labor federations) and by R.A.A. imperfection persists.A. Asiapro.O. The rest of the changes are mostly sentence and diction improvements. e.A. CAA Mandaluyong City and San Pablo City August 3. would contribute a bit to the labor education of the people or to the success of students and managers. about primacy of voluntary arbitration. 9481. Also updated are the Implementing Rules of Book V with amendments by D. . 15 Art. 18 Art..... Statement of Objectives. 17 Art.. 5 Constitutional Source...... Implementing Agency... Bureau of Employment Services. 12.... 13 BOOK ONE — PRE-EMPLOYMENT Title I — RECRUITMENT AND PLACEMENT OF WORKERS Chapter I — GENERAL PROVISIONS ... Name of Decree.... 2....... 4 Art. 5 Constitutional Balance... Art... 6 Equal Opportunities.. 3 Art.... 7....... 7 Management Rights..... xii Acronyms. 12 Art.. Overseas Employment Development Board. 8... 14. 11. Definitions... 10 Chapter II — EMANCIPATION OF TENANTS . Applicability...........TABLE OF CONTENTS Preface.... Private Recruitment..... Date of Effectivity.. 6 Art..... 14 Unemployment and Overseas Employment.. Determination of Land Value. 12 Art... 6... Declaration of Basic Policy.. 12 Art.. 3 Art.. 1..... 9 Art.. 13............. 12 Art. 15 Art.. 4. Transfer of Lands to Tenant-Workers... 17.. xxxv Part I: THE LABOR CODE WITH NOTES PRELIMINARY TITLE Chapter I — GENERAL PROVISIONS .. 15............. Construction in Favor of Labor... 16 Art....... 6 International Labor Law.......... 5. 12 Art.. 3. Conditions of Ownership... Rules and Regulations...... Statement of Objectives. 18 xv 14 . 16.... 8 Art...... 9. 10.. Employment Promotion.. . 19 Three Month’s Pay Under R. 19. Penalties.. National Seamen Board. 22 Art. 34 xvi 30 .. 23 Art. 19 Art... 34 Art. 32 Unconstitutional.. 25 Art. 30. 40.. 32 Venue..... 31.. Reports on Employment Status. 18. Composition of the Boards. 22 Art. 32 Art... 24 Repatriation of Workers... 25 Art. Prohibition Against Transfer of Employment.. 23....... Registration Fees. 26 Art.. 36... Mandatory Remittance of Foreign Exchange Earnings... Regulatory Power.. Travel Agencies Prohibited to Recruit. 30 Art...... 39. Ban on Direct-Hiring. 38. 19 Art. Prohibited Practices.. 27 Art.. 25 Art. Visitorial Power... 28... Bonds. Capitalization.. Illegal Recruitment.... 23 Art. Art.... 33. 23 The OWWA.. 28 Chapter III — MISCELLANEOUS PROVISIONS .. 26. 30 Art. Premature Termination of Contract. 32...... 34. Office of Emigrant Affairs. Submission of List... 21 Freedom to Stipulate. 26 Art. Employment Permit of Nonresident Aliens. 31 Who is Liable. 42... 35. 27 Art. 25. 41. 26 Art.. Suspension and/or Cancellation of License or Authority.. 21. 31 Estafa. 24 Chapter II — REGULATIONS OF RECRUITMENT AND PLACEMENT ACTIVITIES .. 33 Prescriptive Periods. 29. Citizenship Requirement. 25 Art. 20 Minimum Employment Conditions. 27. 20.. 33 Title II — EMPLOYMENT OF NONRESIDENT ALIENS Art.. 8042. 24. Foreign Service Role and Participation. 19 Seafarers as Contractual Employees... Boards to Issue Rules and Collect Fees.. Fees to be Paid by Workers. No. 25 Art. 30 Illegal Recruitment Redefined. 22. Private Sector Participation in the Recruitment and Placement of Workers.. 34 Art..... Non-Transferability of License or Authority. 19 Art..A..... 26 Art.. 37.. Contents of Apprenticeship Agreements.... Learnership Agreement...... 47 Art. 46 Art........... 49 Art.. 50 Chapter III — HANDICAPPED WORKERS ...... 46 Art.BOOK TWO — HUMAN RESOURCES DEVELOPMENT Title I — NATIONAL MANPOWER DEVELOPMENT PROGRAM Chapter I — NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIR IMPLEMENTATION.......... Penalty Clause....... Responsibility for Theoretical Instruction......... 44 Art........ Exhaustion of Administrative Remedies.. 45 Art. 38 Powers and Functions of the Board. 78... 76.... 70.. When Learners May be Hired. Statement of Objectives..... 61.. 49 Art.. 69.... 38 TESDA Activities and Programs. 45 Art. 73. 77. Sponsoring of Apprenticeship Program. 47 Art. 63. 44 Art........ Voluntary Organization of Apprenticeship Programs..... Deductibility of Training Costs. 49 Art.... Definition.. 44 Art. Qualifications of Apprentice. 68. Learners in Piecework.. 62... 45 Art. 49 Distinction Between Apprenticeship and Learnership.... Signing of Apprenticeship Agreement.... 47 Chapter II — LEARNERS . Venue of Apprenticeship Programs.... 44 Art.. Apprentices Without Compensation.. 49 Art.. 66....... 57......................... 72......... 46 Art. 65. 46 Art... Appeal to the Secretary of Labor. Investigation of Violation of Apprenticeship Agreement.... 74.. 75.. Employment of Apprentices.. Definition of Terms...... Exemptions.. 64...... 37 Salient Points of TESDA Law.. 58.... 60.. 59.. 40 Performance Review.. 51 xvii 51 . 46 Art.... Aptitude Testing of Applicants......... 38 Policy. 67........ 43 Title II — TRAINING AND EMPLOYMENT OF SPECIAL WORKERS Chapter I — APPRENTICES ....... 47 Art. 38 Goals.... Learners Defined. Art.. 49 Art.......... 71...... 45 Art... .... Right to Service Incentive Leave. Undertime Not Offset by Overtime. 56 Contractor. 66 Art... 9492 (July 25... 72 ECOLA on a Legal Holiday.A. 62 Art. 85.. 75 Battered Woman Leave..... Meal Periods. Coverage.... Sunday or Holiday Work... 90. No.. 80... SERVICE INCENTIVE LEAVES AND SERVICE CHARGES .. 76 Art.. 94. No.. 57 Commission Agents... Holiday-Sunday.O..... Right to Holiday Pay. 5901 Already Repealed.... 74 Art... Hours Worked... 76 xviii 70 . E.. 95.. Compensation for Rest Day. 55 Employer-Employee Relationship. 67 Art.. 65 Art.... 82. 89... 66 Chapter II — WEEKLY REST PERIODS . 2007).. 61 Art.. 65 Compressed Work Week...... 92. Art.. 60 Art........... Generally...... 73 R... Decides Employment Conditions.. 93... Series of 2004.. 51 BOOK THREE — CONDITIONS OF EMPLOYMENT Title I — WORKING CONDITIONS AND REST PERIODS Chapter I — HOURS OF WORK ..... 70 Monthly-Salaried Employees...Art. 01.. Right to Weekly Rest Day.. 84.. 96..... 61 Republic Act No.. 63 Art. 55 Art...... Normal Hours of Work.. 71 Hourly-paid Teachers. 72 Double Holiday... Employment Agreement. 83... 60 Health Personnel... Service Charges......... 62 Art. Overtime Work. 91. Night Shift Differential.. 81.... 51 Art.... 86.. 292. When Employer May Require Work on a Rest Day...... 72 Memo Circular No... Eligibility for Apprenticeship... 79... 58 Excluded Employees... 87... 67 Art.. 70 Muslim Holidays. Emergency Overtime Work... 51 Art.... When Employable. 63 Art.... 88.. 67 Art.. 68 Chapter III — HOLIDAYS.. Computation of Additional Compensation... 59 Management....... 18-02. Prohibition Against Elimination or Diminution of Benefits..... Forms of Payment......Title II — WAGES Chapter I — PRELIMINARY MATTERS ......... 103 Art.. 98 Art... 87 Chapter III — PAYMENT OF WAGES ...O.... 91 Contractor and Contracting Defined.......O.. Wage Deduction. 105.. 102 Art.... 111...... 96 Former Employees as Contractors. No... 79 Art..... Indirect Employer. Withholding of Wages and Kickbacks Prohibited. Place of Payment.. 102 Art.. 81 Chapter II — MINIMUM WAGE RATES . 80 Equal Pay for Equal Work. 104 xix ... 99. 106. Attorney’s Fees.. Regional Minimum Wages... Application of Title....... 103 Art. 84 Thirteenth Month Pay. 99 Art. 102 Art. 100. Worker Preference in Case of Bankruptcy.. No. 109.. 90 Art. 89 Art. 102....... 83 Art.... 97.. 115... 98........ 100 Chapter IV — PROHIBITIONS REGARDING WAGES .. Limitations.... 94 LOC under Section 5 of D...... Direct Payment of Wages................ 99 Art. 114.. 79 Fair Wage for Fair Work. Contractor or Subcontractor. 113.. Deduction to Ensure Employment..... 86 Tax Exemption.. 117. 104. Definition.. 86 Art. 90 Art.. 10.... 99 Art........ 92 Principal’s Liability to Contractor’s Employees.. 91 Employer-Employee Relationship in Contracting Arrangement...... No.. 97 Rights of Contractor’s Employees... 90 Art.... Posting of Bond.. 103. 89 Art.. 101.” 80 Art.. Non-Interference in Disposal of Wages. 83 Daily-paid or Monthly-paid.. then by D... Deposits for Loss or Damage. 84 Art... Payment By Results...... Time of Payment.. 100 Art. 110. 107... 116. No Work-No Pay Principle. 80 Wage Includes Facilities or Commodities..O... 104 Art.... 93 Amendments by D...... 112.. 97 More Prohibitions Under Section 6. 95 Cooperative as Labor Contractor.... 80 “Facilities” Distinguished from “Supplements.. 83 Agricultural and Industrial Rates............... 93 Labor-only Contracting.... 18-02... Solidary Liability... 108. 124. Standards/Criteria for Minimum Wage Fixing. 57-04: The Enforcement Framework.. 135..... Creation of National Wages and Productivity Commission.... Powers and Functions of the Commission.. 124 Chapter II — EMPLOYMENT OF MINORS .. 121. 106 Art. Retaliatory Measures. 104 Art. 120 Art.. 119.. 105 Art. 110 Amount of Distortion Adjustment. Creation of Regional Tripartite Wages and Productivity Boards.. 120 Art.... 131... 110 Effort to Rectify. 139.... 130... Maternity Leave Benefits... 127 xx ... Prohibition Against Injunction......... 128. 126 Art. WAGE AGREEMENTS AND WAGE DETERMINATION .. 112 Art. 112 Chapter VI — ADMINISTRATION AND ENFORCEMENT .. 121 Art. 123 Art....... Visitorial and Enforcement Power.. Incentives for Family Planning... 115 Art.. 105 Art.... 111 Employer-initiated Salary Restructuring..Art.... Prohibited Acts. 122 Art.. 111 Salary Distortion Viewed Regionally.. 124 Art. 137........O.. 138. Classification of Certain Women Workers. 134.. 133. Prohibition Against Child Discrimination......... 126 Chapter III — EMPLOYMENT OF HOUSEHELPERS . 123 Art.. 107 Art... 122 Paternity Leave. Minimum Employable Age. 136. 120..... Recovery of Wages.. 105 Art. Exceptions.... Freedom to Bargain.. 129.. 140.... 127 Art. 118..... 119 Title III — WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES Chapter I — EMPLOYMENT OF WOMEN .. Discrimination Prohibited.. 117 D............ 112 Art... Facilities for Women. Non-Diminution of Benefits.... No. Family Planning Services..... Wage Order.. 127....... Stipulation Against Marriage.... 141.... 126. 108 Wage Distortion......... 120 Art. 124 Art. 121 Maternity Leave Under SSS Law... 132..... False Reporting......... Coverage.... 115 Art... 122. 104 Chapter V — WAGE STUDIES. Simple Money Claims and Other Benefits.. Nightwork Prohibition............ 126 Art....... 125......... 124 Sexual Harassment..... 123. 112 Art...... ... Safety and Health Standards. Lodging and Medical Attendance. When Emergency Hospital not Required.. 141 xxi . 140 “Twenty-four-Hour Duty” Doctrine... 163.. 159. 161... 166. 144.... 164.Art....... 135 Art... 137 Injury..... Policy....... Administration of Safety and Health Law...... 135 Title II — EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND Chapter I — POLICY AND DEFINITIONS ... 127 Art.. 133 Art........... Minimum Cash Wage... 135 Art.. 133 Art... 130 Art.. Opportunity for Education. Board..... Definition of Terms...... 132 Art. Service of Termination Notice.. 150. Contract of Domestic Service. Indemnity for Unjust Termination of Services. 148.. 149. Research... 132 Art. 129 Chapter IV — EMPLOYMENT OF HOMEWORKERS ...... Assistance of Employer.. 133 Art.. Treatment of Househelpers... 132 Art. 133 Chapter II — OCCUPATIONAL HEALTH AND SAFETY .... 162.. Regulation of Industrial Homeworkers.. 128 Art.. 156.. Employment Certification. Emergency Medical and Dental Services.... 127 Art. 147. 135 Art......... 128 Art.. 128 Art.. 128 Art. SAFETY AND SOCIAL WELFARE BENEFITS Title I — MEDICAL.. Minimum Wage.. 135 Art..... Health Program.. 167. Regulations of Secretary of Labor. 137 Art.. 160. 152... 130 Art. 145. 151. 165.. 128 Art.... 154. 153..... 128 Art. 158.... Employment Records...... 157.. 143. 130 Art... 142.. 137 Art. 128 Art.... 155.. First-Aid Treatment... 141 Sickness. 128 Art.. 130 BOOK FOUR — HEALTH.. Distribution of Homework. Assignment to Non-Household Work.. Qualifications of Health Personnel. DENTAL AND OCCUPATIONAL SAFETY Chapter I — MEDICAL AND DENTAL SERVICES . Training Programs.... 146... ............... 144 Art.. Cancer. Fees and Other Charges. Employer’s Contributions... 172. 152 Art...... 149 Chapter IV — CONTRIBUTIONS .... Deprivation of Benefits......... 155 Chapter VII — DEATH BENEFITS ........ Settlement of Claims............. Permanent Partial Disability........ Relationship and Dependency........ 143 Chapter II — COVERAGE AND LIABILITY .... 150 Chapter V — MEDICAL BENEFITS . 183. 169.... 195........... 150 Art.. 187... 175..... 180.... 153 Chapter VI — DISABILITY BENEFITS .... Effective Date of Coverage.... 171... 144 Art... 170.......... 147 Art. 147 Art......... 184. Compulsory Coverage. Liability.............. 152 Art...... 147 Art. Temporary Total Disability..... Employees’ Compensation Commission.... Extent of Liability........... 150 Art. 144 Art.. Rehabilitation Services.. Powers and Duties...... 146 Chapter III — ADMINISTRATION . Investment of Funds. Review. 186.... 157 Art...... 179....... 185. 189.. Liability of Third Parties... Enforcement of Decisions. 154 Art... 193.. Government Guarantee. 144 Art...... 142 Beneficial to Employer..... 168............ 146 Art. 192. 144 Art........... 152 Art... Registration.. 152 Art... 188.. Medical Services. 159 xxii .... 174. 182.. Management of Funds.. Limitation of Liability.. 144 Art........... 194....................... Attending Physician.. 143 Dual Purpose Doctrine. 190. 148 Art.... 157 Chapter VIII — PROVISIONS COMMON TO INCOME BENEFITS ........ 142 Employment Incidents........ 142 Outings and Picnics. 149 Art. 152 Art....... 176.... 191..... 159 Art................. 154 Art... 177........ 149 Art... 178...... Foreign Employment.. Refusal of Examination or Treatment.. 149 Art...... 152 Art............ 173. Permanent Total Disability. Death. 154 Art. 181.......... 145 Art... 163 Art. Repeal.A.... 172 Art... Penal Provisions......... 207... 216. 208-A. Erroneous Payment.... Prohibition. Assignment of Benefits..... Salaries... 165 BOOK FIVE — LABOR RELATIONS Title I — POLICY AND DEFINITIONS Chapter I — POLICY .. 196.... 209..... 160 Art. 172 Art... 211. 175 Amendments by R. Tax... 201......... Earned Benefits.. 162 Art.. 164 Art........... Branches and Provincial Extension Units... 160 Art.... Appointment and Qualifications. 164 Title III — MEDICARE Art. 212. 167 Worker’s Participation...... 166 Art. 165 Title IV — ADULT EDUCATION Art. 210. Notice of Sickness.. 175 The NLRC: Overview... REPORTS AND PENAL PROVISIONS .... Applicability... etc.... 174 Art. Safety Devices...... 166 Nature of Labor Relations.. 169 Title II — NATIONAL LABOR RELATIONS COMMISSION Chapter I — CREATION AND COMPOSITION . 168 Chapter II — DEFINITIONS ..... 160 Art. Exemption from Levy. 203.. Adult Education. National Labor Relations Commission....... 162 Art... 200........... 198... 162 Art.. Medical Care.. Delinquent Contributions...... 160 Art. and Emoluments... 161 Art.. 206. Declaration of Policy. 197........ Prescriptive Period....Art. 169 Art........ Benefits. 208. 161 Chapter IX — RECORDS........... 174 Art.. 160 Art... 213.. 160 Art... 175 xxiii . 159 Art......... 204.. 214..... 199.. 202. Headquarters...... 205.... Injury or Death. 215.. 167 Labor Education.... 9347. Second Injuries........... Record of Death or Disability.. Definitions............. No.. ... Technical Rules Not Binding and Prior Resort to Amicable Settlement..... 193 Issues on Appeal........ 187 Decision of Labor Arbiter.. 188 Nonlawyer... 221. 182 Art.. 178 Compulsory Arbitration.... 192 Periods.. 196 Art..... 179 Labor Arbiter’s Jurisdiction..... or Awards.Chapter II — POWERS AND DUTIES .... Martin Ruling.. 193 Effect of Appeal from Arbiter to NLRC... 181 Art... 196 Execution. 181 Venue.. 195 Certified True Copy of NLRC Decision. 184 Suppletory Rules. 198 Title III — BUREAU OF LABOR RELATIONS Art... 218.......... 194 Conciliation and Mediation. 222.. 197 Third Party Claim Under the NLRC Rules of 2005. 191 Art... Appeal... 180 Award of Damages.. Contempt Powers of the Secretary of Labor.. Jurisdiction of Labor Arbiters and the Commission. 194 Certiorari with the CA. 186 Dismissal of Complaint Based on Prescription. 185 Art.. 187 Amicable Settlement... 188 Chapter III — APPEAL . 225.. Remedies. Bureau of Labor Relations. Appearances and Fees.. 192 Perfection of Appeal Requires Posting of Bond on Time.. 187 Art... 226.. 195 Exceptions.. 200 xxiv .......... 194 NLRC Decision... Orders......... 185 Injunctive Power.... Execution of Decisions. the St.. Final. 217.... 224. 181 Issuance of Injunction.. 195 Findings of Facts...... Powers of the Commission.. 219. 184 Powers of the NLRC. 197 Injunction Against NLRC from a Regular Court... Ocular Inspection.. 198 Art. 185 Procedural Rules....... 199 Appeal.......... 179 Corporate Dispute. 195 Effect on NLRC’s Decision.. 191 Requisites for Perfection of Appeal. 181 Overseas Workers.. 194 Where to File Petition... 223..... 179 Additional Cases....... 178 Art. 184 Rules of Procedure.. 236. 210 Art.. 202 Art.... Appointment of Bureau Personnel. 40-03 and 40-B-03. 225 xxv . Denial of Registration. Appeal. 211 Revocation of Charter. 233. Additional Requirements for Federations or National Unions.” 208 Creation and Registration Methods.. 202 Art. Rights and Conditions of Membership in a Labor Organization..” 209 Union By-Laws. 207 D.. 200 Compromise. Denial.. Compromise Agreements. 216 Art... 206 Art. 223 Union Officers.. 211 Federation or National Union. 241. 210 Application. 240. 238.. where.. Equity of the Incumbent.. Cancellation of Registration. 207 “L.. 229. 228.. Grounds for Cancellation of Union Registration. and Appeal.U..B. [Repealed by BP Blg. Chartering and Creation of a Local Chapter. 220 Art. 214 Art. 224 Fees. 201 Art. 208 Registration Requirements for an Independent Labor Union. Action on Application.O.. 211 Chartered Local. 203 Art.. Prohibition on Certification Election.Art. 210 Art..O..... 214 Art. No.... Appeal. 215 Art. Who may file. 215 Unexplained Deletions. Registry of Unions and File of Collective Agreements.. 223 Complaint... Requirements of Registration. 239.. 231.. 234... 216 Chapter II — RIGHTS AND CONDITIONS OF MEMBERSHIP. 202 Art. 214 Cancellation..... 130] Indorsement of Cases to Labor Arbiters. 212 Affiliation/Disaffiliation. 239-A. Issuance of Subpoenas. 237. 206 Art. Release and Quitclaim. Privileged Communication. 230.. 234-A. 202 Art.. Effect of a Petition for Cancellation of Registration. 235... Voluntary Cancellation of Registration. 209 Twenty percent of “C. 212 Substitutionary Doctrine.L. 210 Art. 214 Who May Seek Cancellation. 203 Title IV — LABOR ORGANIZATION Chapter I — REGISTRATION AND CANCELLATION ... 227. 232. 213 Art. 207 Definitions. 220 Rights of Members..... 238-A. .......... 249 Chapter III — UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS ...... Unclear.. 245 Closure. Non-abridgment of Right to Self-Organization. 245. “C.... Ineligibility of Managerial Employees to Join any Labor Organization....... Reportorial Requirements........... 244 U..” 234 Art.. 246.. Effect of Inclusion as Members of Employees outside the Bargaining Unit.. 241 Art...... 238 Religious Objectors.. 248 Retaliation.... 247 Valid Discrimination. 246 Company-domination of Union. 238 Title VI — UNFAIR LABOR PRACTICES Chapter I — CONCEPT . A Matter of Facts and Evidence.. 236 Confidential Employees. 246 “Yellow Dog” contract. 228 Union Registration... 235 Art. 229 Title V — COVERAGE Art...... 238 Art. 233 Government Employees. 233 Art....... Right of Employees in the Public Service.A..... 229 Art. 243 Management Rights Regulated. 235 Supervisors and Managers. 247. 245 Run-away Shop...... 243 Art...... Restraint. 241 Chapter II — UNFAIR LABOR PRACTICES OF EMPLOYERS ..N.... 245-A.. Unfair Labor Practices of Employers. 242. Rights of Legitimate Labor Organizations.......... 246 Subcontracting.Chapter III — RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS.. 237 Coop Members. Right of Supervisory Employees. 227 Authority of the Union...... 248.... Union Security Clause. 238 International Organization.. 235 Segregation... 247 Discrimination. 244... 244 Interference.... 242-A.. or Coercion.. 236 Security Guards... 251 Art....... Unfair Labor Practices of Labor Organizations....... 243. 228 Union Merger or Consolidation... 249.. 251 xxvi .......L... Coverage and Employees’ Right to Self-Organization... Concept of Unfair Labor Practice and Procedure for Prosecution Thereof... 227 Art. 245 Totality of Conduct......P..... 259 Expeditious Bargaining. 257. Duty to Bargain Collectively When There Exists a Collective Bargaining Agreement. 256 Art. U. 266 Employees’ Right to Participate.. 261 Ratification and Registration. 269 Where and When may C.U. 271 Election Bars. 256 Art. 260 Boulwarism. 256 Stages of Collective Bargaining Process.B. 262 Automatic Renewal. 265 “E. Meaning of Duty to Bargain Collectively. 264 “C.A. 270 Consent Election instead of C.B. Rematch. 256. 252 “Sweetheart Contract.B. 268 Voluntary Recognition (V. Exclusive Bargaining Representation and Workers Participation in Policy and Decision-Making. 259 Deadlock. may happen. 272 Question of Legitimacy on Employer-Employee Relationship. 266 LMC. 251.E. 261 Centralized or Decentralized Bargaining. 252.E. 267 Art. Representation Issue in Organized Establishments. 263 Duration of a C. 273 xxvii . 253. 259 Bargaining in Good Faith. 269 PCE in Organized Company. Duty to Bargain Collectively in the Absence of Collective Bargaining Agreements. 253-A. 260 Disclosure of Information. 255 Art.” not the same as the union. 252 Featherbedding..L. 250.. 255. 268 Certification Election (C. 267 Art.” 266 “Appropriate” CBU. Terms of a Collective Bargaining Agreement. 264 Art. Petitions in Unorganized Establishments. 260 Contents of CBA. 263 Art.R.P.E. 262 Effectivity Date. 273 Required Vote. Injunction Prohibited.). 261 Modification.). By Labor Organization. 257 Duty to Bargain.” 253 Title VII — COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENT Art. 262 Art. 254. Procedure in Collective Bargaining. 272 Voters.R. 259 CBA Imposed on Employer. 258 Violations of Duty to Bargain. ..... Improved Offer Balloting.. 258.. 307 Art.. 263... 275 Art. 280 Art.. Procedures.. 260..... 271.. 266. 306 Chapter III — FOREIGN ACTIVITIES ...... 286 Art.. 276 Title VII-A — GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION Art. 307 Art.. Regulation of Foreign Assistance.. 281 Art. 302 Art.. 279 Voluntary Arbitration.... 303 Chapter II — ASSISTANCE TO LABOR ORGANIZATIONS ... Jurisdiction of Voluntary Arbitrators or Panel of Voluntary Arbitrators. 262-A. 275 Appeal. 278 Grievance... 302 Art.. 299 Consequences of Concerted Actions: Employment Status.. 301 Backwages. Applicability to Farm Tenants and Rural Workers.. Jurisdiction Over Other Labor Disputes......... 274 Certification Election Different from Union Election... 269... 267... 288 Avoidance of Strike. Requirement for Arrest and Detention. When an Employer may File Petition. 300 Who dismiss the illegal strikers... Employer as Bystander... 262-B... 259............ Firearms Ban. 298 Picketing. Prohibited Activities... Assistance by the Institute of Labor and Manpower Studies.... Appeal from Certification Election Orders.. Failure of Election.. 268....... 306 Art. 290 Art. Picketing.......... 282 Title VIII — STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES Chapter I — STRIKES AND LOCKOUTS ... Grievance Machinery and Voluntary Arbitration...... 258-A. and Lockouts. Assistance by the Department of Labor.. 278 Contract as Law.... Cost of Voluntary Arbitration and Voluntary Arbitrator’s Fee.... 261. 262. 275 Art.. 307 Art.. 308 xxviii . Strikes.. 275 Art.. 270. 306 Art. 286 A Valid Strike Needs a Labor Dispute..... 279 Art. 301 Nonstriking Workers.. Exceptions. Prohibition Against Aliens.. 264.... 300 Employer’s Right to Hire Replacements during Strike..... 281 Art. 290 Legality of Strike: The Six Factors Affecting Legality... 289 Basic Objective. 289 The NCMB... 265. .. Government Employees. Loss of Confidence. Coverage.. 309 Title IX — SPECIAL PROVISIONS Art... 335 Preventive Suspension. 326 Art. 331 Drug use and HIV/AIDS... 333 Dismissal Procedure: When Hearing Not Needed.O. 312 BOOK SIX — POST EMPLOYMENT Title I — TERMINATION OF EMPLOYMENT Art... 277.. 332 Due Process in Authorized Causes. 280. 281. Security of Tenure.Chapter IV — PENALTIES FOR VIOLATION . 336 xxix . 326 Two Groups of Causes. 332 Due Process in Just Causes. Study of Labor-Management Relations. 273. 311 Art....... 40-03 (March 15. 274. Miscellaneous Provisions. 275. Regular and Casual Employment.. 329 Neglect of Duties. 318 Regular Employment..... 333 Burden of Proof... 319 Seasonal Employment. 311 Art. Visitorial Power. 310 Art.. 331 Analogous Causes.. 329 Fraud. Penalties. 310 Under D.. 276. 330 Commission of a Crime or Offense. 322 Fixed Period Employment. 282... Conflict of Interest. 324 Art.. 327 Willful Disobedience.... 317 Art. 317 Art. 332 Dismissal Procedure. 2003).. 321 Casual Employment. 328 Refusal to Transfer. 278. 335 Appropriate Penalty. 317 Security of Tenure. 324 Purpose and Reason.. 326 Private School Teachers. 324 The Last Day of Probation. No.. Tripartism and Tripartite Conferences.. 311 Art. 272. 309 Art. 333 Valid Cause But Invalid Procedure. 279.. 327 Just Causes: Serious Misconduct. 322 Seafarers... Termination by Employer.. 319 Project Employment. Probationary Employment.. 324 Standards and Tenure... 328 Prohibited Relationship. 339 Retrenchment. 338 Redundancy. 346 No More Backwages in Terminations without Due Process. 290. 347 Separation Pay/Financial Assistance. 292. When Employment Not Deemed Terminated. 354 BOOK SEVEN — TRANSITORY AND FINAL PROVISIONS Title I — PENAL PROVISIONS AND LIABILITIES Art. 287. Whom to Retrench. Termination By Employee. 342 Sale in Good Faith. 337 Dismissal not Affected by Acquittal. 291. Who are Liable When Committed by Other than Natural Person. 358 Art. 284. 339 Standards of Retrenchment. 359 xxx . 357 Title II — PRESCRIPTION OF OFFENSES AND CLAIMS Art. 285. 358 Art. 347 Damages. 345 Backwages: Illegal Terminations. 286. 289. 288. Retirement. 340 Illegal Retrenchment. 343 Art. 348 Liability. 349 Art. 342 Sale in Bad Faith. 337 Constructive Dismissal. 341 Closure or Cessation. Penalties. Offenses. Forfeiture Benefits. 341 Other Cases of Cessation. 345 Reinstatement Immediately Executory. 338 Automation. Disease as Ground for Termination. 357 Art. 349 Title II — RETIREMENT FROM THE SERVICE Art. 338 Authorized Causes. 283. Obligations of Transferee. 343 Merger. Money Claims. Institution of Money Claims. 337 Art. 340 Criteria. Closure of Establishment and Reduction of Personnel. Quota. Reinstatement. 344 Strained Relations may Bar Reinstatement. 340 LIFO Rule. 348 Art. 337 Demotion. 343 Consequences of Termination. 432 POEA INSPECTION MANUAL Part I. 362 Part II: RULES IMPLEMENTING THE LABOR CODE Labor Force Statistics. General Policy. 293. 299. Secretary of Labor to Initiate Integration of Maternity Leave Benefits. Disposition of Pending Cases. Repealing Clause. 384 Part III — Placement by the Private Sector. 360 Art. Termination of the Workmen’s Compensation Program. Continuation of Insurance Policies and Indemnity Bonds. Inspection Proper. Personnel Whose Services are Terminated. Inspection Procedures. 432 Part X — General and Miscellaneous Provisions. 439 xxxi . 297. 406 Part V — Employment Standards. 361 Art. 294. 362 Art. 435 IMPLEMENTING RULES OF BOOK II Rule VI. Abolition of the Court of Industrial Relations and the National Labor Relations Commission. 361 Art. 362 Art. 298.Title III — TRANSITORY AND FINAL PROVISIONS Art. 360 Art. 380 Part II — Licensing and Regulation. 361 Art. 400 Part IV — Placement by the Administration. 434 Part III. 302. Application of Law Enacted Prior to this Code. 406 Part VI — Recruitment Violation and Related Cases. 360 Art. Separability Provision. 407 Part VII — Disciplinary Action Cases. 300. 364-367 IMPLEMENTING RULES OF BOOK I LOCAL EMPLOYMENT I-1 The PESO Act. Apprenticeship Training and Employment of Special Workers. 295. 368 POEA RULES AND REGULATIONS Part I — General Provisions. 433 Part II. Funding of the Overseas Employment Development Board and the National Seamen Board. 301. 428 Part IX — Transitory Provisions. 360 Art. 296. 422 Part VIII — Welfare Services. 477 Rule XI. No. Employment of Homeworkers (D. Night Shift Differential.O. 474 Rule X. 460 Rule VII. Wages. 508 Rule X. Employer’s Records and Notices. Appliances and Supplies. Benefits. 474 Rule X-A. 5. 521 Rule XIX. 500 Rule III. Temporary Total Disability. Payment of Wages. Hours of Work. Administration and Enforcement (D. 464 Rule IX. Permanent Total Disability. 511 Rule XII. Registration. 455 Rule IV. 486 IMPLEMENTING RULES OF BOOK IV Rule I. 516 Rule XV. Beneficiaries. Occupational Health and Safety. Adjudicatory Powers. 462 Rule VIII. 484 Rule XIV. Weekly Rest Periods. 2. 518 Rule XVIII. 506 Rule VIII. 480 Rule XII. Handicapped Workers. Medical and Dental Services. 4. Coverage. Wages (Memo. 448 IMPLEMENTING RULES OF BOOK III Rule I. 1992). Hours of Work of Hospital and Clinic Personnel. 522 xxxii . Settlement of Claims. Accreditation. 495 Amended Rules on Employees’ Compensation Rule I. 498 Rule II. Permanent Partial Disability. 1995). No. Service Incentive Leave. 481 Rule XIII. Liability. Employer’s Contribution. 510 Rule XI. Cir. Rehabilitation Services. s. 501 Rule V. Wage Studies and Determination.Rule VII. 457 Rule V. 446 Rule VIII. 449 Rule I-A. Employment of Househelpers.O. 492 Rule II. 513 Rule XIII. Learners. 7-A. Administration and Enforcement. s. 452 Rule II. 516 Rule XVI. 504 Rule VII. 461 Rule VII-A. Review by the Commission. 517 Rule XVII. 454 Rule III. Funeral Benefit. Compensability. 501 Rule IV. Death. Employment of Women and Minors. 459 Rule VI. 507 Rule IX. Medical Services. Nov. Service Charges. Holidays with Pay. Definitions Related to Credited Earnings. 502 Rule VI. 514 Rule XIV. 1992). 546 Rule X. Collective Bargaining. Reporting Requirements of Labor Unions and Workers’ Associations. Labor Education and Research. 572 Rule XXI. Definition of Terms. 577 Rule XXV. Certification Election. 578 IMPLEMENTING RULES OF BOOK VI Rule I. s. Central Registry of Labor Organizations and Collective Bargaining Agreements. (D. 523 IMPLEMENTING RULES OF BOOK V (D. 561 Rule XV. 568 Rule XIX. 534 Rule V. 524 Rule II. 558 Rule XIV. Cancellation of Registration of Labor Organizations. 40-03. General Provisions. 537 Rule VIII.O. Contempt. 577 Rule XXIV. 563 Rule XVI. or Orders. Execution of Decisions. 9. 569 Rule XX. Termination of Employment and Retirement. Labor-Management and Other Councils. 564 Rule XVII. Administration of Trade Union Funds and Actions Arising Therefrom. Run-off Elections. 551 Rule XI. Registration of Labor Organizations. Provisions Common to the Registration of Labor Organizations and Workers’ Associations. 566 Rule XVIII. of 2003) Rule I. 551 Rule XII. Conduct of Certification Election. 556 Rule XIII. Determination of Representation Status. Grievance Machinery and Voluntary Arbitration. 529 Rule III. Retirement Benefits. 573 Rule XXII. Penalties. Coverage of the Right to Self-organization. Registration of Collective Bargaining Agreements. 530 Rule IV. 538 Rule IX. 580 Rule II. Awards. 578 Rule XXVI. No. 537 Rule VII. Strikes and Lockouts. Inter/Intra-Union Disputes and other Related Labor Relations Disputes.O. 536 Rule VI. 587 xxxiii . of 1998). Election of Officers of Labor Unions and Workers’ Associations. Implementing Provision. 583 Rule II-A. Registry of Labor Organizations and Collective Bargaining Agreements. 573 Rule XXIII. No. s. 522 Rule XXI.Rule XX. Voluntary Recognition. Conciliation. Transitory Provisions. 622 Appendix 6: Republic Act No. 593 Appendix 2: Anti-Sexual Harassment Act of 1995. Venue of Actions. 604 Appendix 4: DOLE Circular No. Date of Effectivity. 1. Laws Repealed. 590 Rule II. 9492. Prescription of Actions. 620 Appendix 5: DOLE Circular No. 591 Rule IV. 624 xxxiv . 1. 601 Appendix 3: DOLE Inspection Procedure. Series of 2007. 590 Rule III. Series of 2006. 851). 592 APPENDICES Appendix 1: 13th Month Pay (Presidential Decree No.IMPLEMENTING RULES OF BOOK VII Rule I. ACRONYMS Some acronyms commonly used in Labor Law .Labor Relations context: Terms: CBA CBU CE CNA CPI EBR ECOLA LLO LMC LOC NS/NOS RTWO SIL SL SO ST TRO ULP VL collective bargaining agreement collective bargaining unit certification election collective negotiation agreement consumer price index exclusive bargaining representative emergency cost of living allowance legitimate labor organization labor-management committee (or council) labor-only contracting (or contractor) notice of strike return-to-work order service incentive leave sick leave self-organization security of tenure temporary restraining order unfair labor practice vacation leave Names: AAFLI ALU BATU BAYAN BLR BMP CFW CIR DO DOLE ECC ECOP EILER EO FFW ILO Asian-American Free Labor Institute Associated Labor Unions Brotherhood of Asian Trade Unions Bagong Alyansang Makabayan Bureau of Labor Relations Bukluran ng Manggagawang Pilipino Confederation of Free Workers Court of Industrial Relations (replaced by NLRC) Department Order Department of Labor and Employment Employees’ Compensation Commission Employers’ Confederation of the Philippines Ecumenical Institute for Labor Education and Research Executive Order Federation of Free Workers International Labor Organization xxxv . ILS KMP KMU LACC LMLC MOLE NAFLU NATU NCMB NLRB NLRC NWPC PAVA PHILCONTU PIRS PMAP POEA PISTON PSLMC PTGWO RA RTWPB SPFL SSS TESDA TUCP UP-SOLAIR VIMCONTU Institute for Labor Studies Kilusang Magbubukid ng Pilipinas Kilusang Mayo Uno Labor Advisory and Consultative Council Lakas Manggagawa Labor Center Ministry of Labor and Employment National Association of Free Labor Unions National Association of Trade Unions National Conciliation and Mediation Board National Labor Relations Board (U.S.) National Labor Relations Commission National Wages and Productivity Commission Philippine Association on Voluntary Arbitration Philippine Congress of Trade Unions Philippine Industrial Relations Society Personnel Management Association of the Philippines Philippine Overseas Employment Administration Pagkakaisa ng mga Samahan ng Tsuper at Operator Nationwide Public Sector Labor-Management Council Philippine Transport and General Workers Organization Republic Act Regional Tripartite Wages and Productivity Board Southern Philippines Labor Federation Social Security System Technical Education and Skills Development Authority Trade Union Congress of the Philippines University of the Philippines School of Labor and Industrial Relations Visayas Mindanao Confederation of Trade Unions xxxvi .