July 21, 2015

DOLE DEPARTMENT ADVISORY NO. 001-15

RENUMBERING OF THE LABOR CODE OF THE PHILIPPINES, AS AMENDED

Pursuant to Article 5 of P.D. 442, as amended, and in view of the enactment of

Republic Act No. 10151, An Act Allowing the Employment of Night Workers Thereby
Repealing Articles 130 and 131 of Presidential Decree Number Four Hundred Forty-Two,
as Amended, Otherwise Known as the Labor Code of the Philippines, with the effect of
renumbering subsequent articles starting from Book Four, Title I, Chapter I of Presidential
Decree No. 442 and considering the numerous piece-meal amendments to the Code since
its promulgation in 1974, the Department hereby issues the renumbered Labor Code of the
Philippines, as amended. HTcADC

The comparative matrix of the old and renumbered provisions of the Labor Code of
the Philippines, as amended is as follows:

Renumbered Old Title

Labor Code

Preliminary Title
CHAPTER I — GENERAL PROVISION

1 1 Name of Decree
2 2 Date of Effectivity
3 3 Declaration of Basic Policy
4 4 Construction in Favor of Labor
5 5 Rules and Regulations
6 6 Applicability

CHAPTER II — EMANCIPATION OF TENANTS

7 7 Statement of Objectives
8 8 Transfer of Lands to Tenant-Workers
9 9 Determination of Land Value
10 10 Conditions of Ownership
11 11 Implementing Agency

BOOK ONE — PRE EMPLOYMENT

12 12 Statement of Objectives

TITLE I — RECRUITMENT AND PLACEMENT OF WORKERS

CHAPTER I — GENERAL PROVISIONS

13 13 Definitions
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 14 14 Employment Promotion
15 15 Bureau of Employment Services
16 16 Private Recruitment
17 17 Overseas Employment Development Board
18 18 Ban on Direct Hiring
19 19 Office of Emigrant Affairs
20 20 National Seamen Board
21 21 Foreign Service Role and Participation
22 22 Mandatory Remittance of Foreign Exchange Earnings
23 23 Composition of the Boards
24 24 Boards to Issue Rules and Collect Fees

CHAPTER II — REGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIES

25 25 Private Sector Participation in the Recruitment and

Placement of Workers
26 26 Travel Agencies Prohibited to Recruit
27 27 Citizenship Requirement
28 28 Capitalization
29 29 Non-Transferability of License or Authority
30 30 Registration Fees
31 31 Bonds
32 32 Fees to be Paid by Workers
33 33 Reports on Employment Status
34 34 Prohibited Practices
35 35 Suspension and/or Cancellation of License or Authority

CHAPTER III — MISCELLANEOUS PROVISIONS

36 36 Regulatory Power
37 37 Visitorial Power
38 38 Illegal Recruitment
39 39 Penalties

TITLE II — EMPLOYMENT OF NON-RESIDENT ALIENS

40 40 Employment Permit of Non-Resident Aliens

41 41 Prohibition against Transfer of Employment
42 42 Submission of List

BOOK TWO — HUMAN RESOURCES DEVELOPMENT PROGRAM

TITLE I — NATIONAL MANPOWER DEVELOPMENT PROGRAM

CHAPTER I — NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIR

IMPLEMENTATION

43 43 Statement of Objective
44 44 Definitions
45 45 National Manpower and Youth Council; Composition
46 46 National Manpower Plan
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 47 47 National Manpower Skills Center
48 48 Establishment and Formulation of Skills Standards
49 49 Administration of Training Programs
50 50 Industry Boards
51 51 Employment Service Training Functions
52 52 Incentive Scheme
53 53 Council Secretariat
54 54 Regional Manpower Development Offices
55 55 Consultants and Technical Assistance, Publication, and
Research
56 56 Rules and Regulations

TITLE II — TRAINING AND EMPLOYMENT OF SPECIAL WORKERS

CHAPTER I — APPRENTICES

57 57 Statement of Objectives
58 58 Definition of Terms
59 59 Qualifications of Apprentice
60 60 Employment of Apprentices
61 61 Contents of Apprenticeship Agreements
62 62 Signing of Apprenticeship Agreement
63 63 Venue of Apprenticeship Programs
64 64 Sponsoring of Apprenticeship Program
65 65 Investigation of Violation of Apprenticeship Agreement
66 66 Appeal to the Secretary of Labor and Employment
67 67 Exhaustion of Administrative Remedies
68 68 Aptitude Testing of Applicants
69 69 Responsibility for Theoretical Instruction
70 70 Voluntary Organizations of Apprenticeship Programs;
Exemptions
71 71 Deductibility of Training Costs
72 72 Apprentices without Compensation

CHAPTER II — LEARNERS

73 73 Learners Defined
74 74 When Learners May be Hired
75 75 Learnership Agreement
76 76 Learners in Piecework
77 77 Penalty Clause

CHAPTER III — HANDICAPPED WORKERS

78 78 Definition
79 79 When Employable
80 80 Employment Agreement
81 81 Eligibility for Apprenticeship

BOOK THREE — CONDITIONS OF EMPLOYMENT

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 TITLE I — WORKING CONDITIONS AND REST PERIODS
CHAPTER I — HOURS OF WORK

82 82 Coverage
83 83 Normal Hours of Work
84 84 Hours Worked
85 85 Meal Periods
86 86 Night-Shift Differential
87 87 Overtime Work
88 88 Undertime Not Offset by Overtime
89 89 Emergency Overtime Work
90 90 Computation of Additional Compensation

CHAPTER II — WEEKLY REST PERIODS

91 91 Right to Weekly Rest Day

92 92 When Employer May Require Work on a Rest Day
93 93 Compensation for Rest Day, Sunday, or Holiday Work

CHAPTER III — HOLIDAYS, SERVICE INCENTIVE LEAVES, AND SERVICE CHARGES

94 94 Right to Holiday Pay

95 95 Right to Service Incentive Leave
96 96 Service Charges

TITLE II — WAGES
CHAPTER I — PRELIMINARY MATTERS

97 97 Definitions
98 98 Application of Title

CHAPTER II — MINIMUM WAGE RATES

99 99 Regional Minimum Wages

100 100 Prohibition against Elimination or Diminution of Benefits
101 101 Payment by Results

CHAPTER III — PAYMENT OF WAGES

102 102 Forms of Payment

103 103 Time of Payment
104 104 Place of Payment
105 105 Direct Payment of Wages
106 106 Contractor or Subcontractor
107 107 Indirect Employer
108 108 Posting of Bond
109 109 Solidary Liability
110 110 Worker Preference in Case of Bankruptcy
111 111 Attorney's Fees

CHAPTER IV — PROHIBITIONS REGARDING WAGES

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 112 112 Non-Interference in Disposal of Wages
113 113 Wage Deduction
114 114 Deposits for Loss or Damage
115 115 Limitations
116 116 Withholding of Wages and Kickbacks Prohibited
117 117 Deduction to Ensure Employment
118 118 Retaliatory Measures
119 119 False Reporting

CHAPTER V — WAGE STUDIES, WAGE AGREEMENTS AND WAGE DETERMINATION

120 120 Creation of National Wages and Productivity Commission

121 121 Powers and Functions of the Commission
122 122 Creation of Regional Tripartite Wages and Productivity
Boards
123 123 Wage Order
124 124 Standards/Criteria for Minimum Wage Fixing
125 125 Freedom to Bargain
126 126 Prohibition against Injunction
127 127 Non-Diminution of Benefits

CHAPTER VI — ADMINISTRATION AND ENFORCEMENT

128 128 Visitorial and Enforcement Power

129 129 Recovery of Wages, Simple Money Claims and Other
Benefits

TITLE III — WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES

CHAPTER I — EMPLOYMENT OF WOMEN

130 Repealed (Nightwork Prohibition) 1

131 Repealed (Exceptions) 2
130 132 Facilities for Women
131 133 Maternity Leave Benefits
132 134 Family Planning Services; Incentives for Family Planning
133 135 Discrimination Prohibited
134 136 Stipulation against Marriage
135 137 Prohibited Acts
136 138 Classification of Certain Women Workers

CHAPTER II — EMPLOYMENT OF MINORS

137 139 Minimum Employable Age

138 140 Prohibition against Child Discrimination

CHAPTER III — EMPLOYMENT OF HOUSEHELPERS 3 (Repealed by RA No. 10361)

139 141 Coverage

140 142 Contract of Domestic Service
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 141 143 Minimum Wage
142 144 Minimum Cash Wage
143 145 Assignment to Non-Household Work
144 146 Opportunity for Education
145 147 Treatment of Househelpers
146 148 Board, Lodging and Medical Attendance
147 149 Indemnity for Unjust Termination of Services
148 150 Service of Termination Notice
149 151 Employment Certification
150 152 Employment Record

CHAPTER IV — EMPLOYMENT OF HOMEWORKERS

151 153 Regulation of Industrial Homeworkers

152 154 Regulations of Secretary of Labor
153 155 Distribution of Homework

CHAPTER V — EMPLOYMENT OF NIGHT WORKERS 4 (Inserted by RA No. 10151)

154 Coverage
155 Health Assessment
156 Mandatory Facilities
157 Transfer
158 Women Night Workers
159 Compensation
160 Social Services
161 Night Work Schedules

BOOK FOUR — HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS

TITLE I — MEDICAL, DENTAL AND OCCUPATIONAL SAFETY

CHAPTER I — MEDICAL AND DENTAL SERVICES

162 156 First-Aid Treatment

163 157 Emergency Medical and Dental Services
164 158 When Emergency Hospital Not Required
165 159 Health Program
166 160 Qualifications of Health Personnel
167 161 Assistance of Employer

CHAPTER II — OCCUPATIONAL HEALTH AND SAFETY

168 162 Safety and Health Standards

169 163 Research
170 164 Training Programs
171 165 Administration of Safety and Health Laws

TITLE II — EMPLOYEES COMPENSATION AND STATE INSURANCE FUND

CHAPTER I — POLICY AND DEFINITIONS

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 172 166 Policy
173 167 Definition of Terms

CHAPTER II — COVERAGE AND LIABILITY

174 168 Compulsory Coverage

175 169 Foreign Employment
176 170 Effective Date of Coverage
177 171 Registration
178 172 Limitation of Liability
179 173 Extent of Liability
180 174 Liability of Third Party/ies
181 175 Deprivation of the Benefits

CHAPTER III — ADMINISTRATION

182 176 Employees Compensation Commission

183 177 Powers and Duties
184 178 Management of Funds
185 179 Investment of Funds
186 180 Settlement of Claims
187 181 Review
188 182 Enforcement of Decisions

CHAPTER IV — CONTRIBUTIONS

189 183 Employers' Contributions

190 184 Government Guarantee

CHAPTER V — MEDICAL BENEFITS

191 185 Medical Services

192 186 Liability
193 187 Attending Physician
194 188 Refusal of Examination or Treatment
195 189 Fees and Other Charges
196 190 Rehabilitation Services

CHAPTER VI — DISABILITY BENEFITS

197 191 Temporary Total Disability

198 192 Permanent Total Disability
199 193 Permanent Partial Disability

CHAPTER VII — DEATH BENEFITS

200 194 Death

CHAPTER VIII — PROVISIONS COMMON TO INCOME BENEFITS

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 201
202 195
196 Relationship and Dependency
Delinquent Contributions
203 197 Second Injuries
204 198 Assignment of Benefits
205 199 Earned Benefits
206 200 Safety Devices
207 201 Prescriptive Period
208 202 Erroneous Payment
209 203 Prohibition
210 204 Exemption from Levy, Tax, etc.

CHAPTER IX — RECORDS, REPORTS AND PENAL PROVISIONS

211 205 Record of Death or Disability

212 206 Notice of Sickness, Injury or Death
213 207 Penal Provisions
214 208 Applicability
215 208-A Repeal

TITLE III — MEDICARE

216 209 Medical Care

TITLE IV — ADULT EDUCATION

217 210 Adult Education

BOOK FIVE — LABOR RELATIONS

TITLE I — POLICY AND DEFINITIONS

CHAPTER I — POLICY

218 211 Declaration of Policy

CHAPTER II — DEFINITIONS

219 212 Definitions

TITLE II — NATIONAL LABOR RELATIONS COMMISSION

CHAPTER I — CREATION AND COMPOSITION

220 213 National Labor Relations Commission

221 214 Headquarters, Branches, and Provincial Extension Units
222 215 Appointment and Qualifications
223 216 Salaries, Benefits and Other Emoluments

CHAPTER II — POWERS AND DUTIES

224 217 Jurisdiction of the Labor Arbiters and the Commission

225 218 Powers of the Commission
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 226 219 Ocular Inspection
220 5 Repealed (Compulsory Arbitration)
227 221 Technical Rules not Binding and Prior Resort to Amicable
Settlement
228 222 Appearances and Fees

CHAPTER III — APPEAL

229 223 Appeal

230 224 Execution of Decisions, Orders, or Awards
231 225 Contempt Powers of the Secretary

TITLE III — BUREAU OF LABOR RELATIONS

232 226 Bureau of Labor Relations

233 227 Compromise Agreements
234 228 6 Repealed (Indorsement of Cases to Labor Arbiters
Mandatory Conciliation and Endorsement of Cases 7
235 229 Issuance of Subpoenas
236 230 Appointment of Bureau Personnel
237 231 Registry of Unions and File of Collective Bargaining
Agreements
238 232 Prohibition on Certification Election
239 233 Privileged Communication

TITLE IV — LABOR ORGANIZATION

CHAPTER I — REGISTRATION AND CANCELLATION

240 234 Requirements of Registration

241 234-A 8 Chartering and Creation of a Local Chapter
242 235 Action on Application
243 236 Denial of Registration; Appeal
244 237 Additional Requirements for Federations or National Unions
245 238 Cancellation of Registration
246 238-A 9 Effect of a Petition for Cancellation of Registration
247 239 Grounds for Cancellation of Union Registration
248 239-A 1 0 Voluntary Cancellation of Registration
249 240 Equity of the Incumbent

CHAPTER II — RIGHTS AND CONDITIONS OF MEMBERSHIP

250 241 Rights and Conditions of Membership in a Labor

Organization

CHAPTER III — RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS

251 242 Rights of Legitimate Labor Organizations

252 242-A 1 1 Reportorial Requirements

TITLE V — COVERAGE
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 253 243 Coverage and Employees' Right to Self-Organization
254 244 Right of Employees in the Public Service

255 245 Ineligibility of Managerial Employees to Join any Labor

Organization; Right of Supervisory Employees
256 245-A Effect of Inclusion as Members of Employees Outside the
1 2
Bargaining Unit
257 246 Non-Abridgment of Right to Self-Organization

TITLE VI — UNFAIR LABOR PRACTICES

CHAPTER I — CONCEPT

258 247 Concept of Unfair Labor Practice and Procedure for

Prosecution Thereof

CHAPTER II — UNFAIR LABOR PRACTICES OF EMPLOYERS

259 248 Unfair Labor Practices of Employers

CHAPTER III — UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS

260 249 Unfair Labor Practices of Labor Organizations

TITLE VII — COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS

261 250 Procedure in Collective Bargaining

262 251 Duty to Bargain Collectively in the Absence of Collective
Bargaining Agreements
263 252 Meaning of Duty to Bargain Collectively
264 253 Duty to Bargain Collectively When There Exists a
Collective Bargaining Agreement
265 253-A 1 3 Terms of a Collective Bargaining Agreement
266 254 Injunction Prohibited
267 255 Exclusive Bargaining Representation and Workers'
Participation in Policy and Decision-Making
268 256 Representation Issue in Organized Establishments
269 257 Petitions in Unorganized Establishments
270 258 When an Employer May File Petition
271 258-A Employer as Bystander
272 259 Appeal from Certification Election Orders

TITLE VII-A — GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION

273 260 Grievance Machinery and Voluntary Arbitration

274 261 Jurisdiction of Voluntary Arbitrators or Panel of Voluntary
Arbitrators
275 262 Jurisdiction over other Labor Disputes
276 262-A Procedures
277 262-B Cost of Voluntary Arbitration and Voluntary Arbitrator's Fee
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 TITLE VIII — STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION
ACTIVITIES

CHAPTER I — STRIKES AND LOCKOUTS

278 263 Strikes, Picketing, and Lockouts

279 264 Prohibited Activities
280 265 Improved Offer Balloting
281 266 Requirement for Arrest and Detention

CHAPTER II — ASSISTANCE TO LABOR ORGANIZATIONS

282 267 Assistance by the Department of Labor

283 268 Assistance by the Institute of Labor and Manpower Studies

CHAPTER III — FOREIGN ACTIVITIES

284 269 Prohibition against Aliens; Exceptions

285 270 Regulations of Foreign Assistance
286 271 Applicability to Farm Tenants and Rural Workers

CHAPTER IV — PENALTIES FOR VIOLATION

287 272 Penalties

TITLE IX — SPECIAL PROVISIONS

288 273 Study of Labor-Management Relations

289 274 Visitorial Power
290 275 Tripartism and Tripartite Conferences, and Tripartite
Industrial Peace Councils 1 4
291 276 Government Employees
292 277 Miscellaneous Provisions

BOOK SIX — POST-EMPLOYMENT

TITLE I — TERMINATION OF EMPLOYMENT

293 278 Coverage

294 279 Security of Tenure
295 280 Regular and Casual Employment
296 281 Probationary Employment
297 282 Termination by Employer
298 283 Closure of Establishment and Reduction of Personnel
299 284 Disease as Ground for Termination
300 285 Termination by Employee
301 286 When Employment not Deemed Terminated

TITLE II — RETIREMENT FROM THE SERVICE

302 287 Retirement

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 BOOK SEVEN — TRANSITORY AND FINAL PROVISIONS
TITLE I — PENAL PROVISIONS AND LIABILITIES

303 288 Penalties

304 289 Who are Liable When Committed by Other Than Natural
Person

TITLE II — PRESCRIPTION OF OFFENSES AND CLAIMS

305 290 Offenses

306 291 Money Claims
307 292 Institution of Money Claims

TITLE III — TRANSITORY AND FINAL PROVISIONS

308 293 Application of Law Enacted Prior to this Code

309 294 Secretary of Labor to Initiate Integration of Maternity Leave
Benefits
310 295 Funding of the Overseas Employment Development Board
and National Seamen's Board
311 296 Termination of the Workmen's Compensation Program
312 297 Continuation of Insurance Policies and Indemnity Bonds
313 298 Abolition of the Court of Industrial Relations and the
National Labor Relations Commission
314 299 Disposition of Pending Cases
315 300 Personnel Whose Services are Terminated
316 301 Separability Provisions
317 302 Repealing Clause

Attached herewith is a copy of the full text of the renumbered Labor Code of the
Philippines, as amended.
Please be guided accordingly.

(SGD.) ROSALINDA DIMAPILIS-BALDOZ

Secretary
Department of Labor and Employment

ATTACHMENT
Presidential Decree No. 442
The Labor Code of the Philippines, as Amended and Renumbered

Footnotes
1. Repealed by Republic Act No. 10151, June 21, 2011.
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 2. Repealed by Republic Act No. 10151, June 21, 2011.
3. Sec. 44 (Repealing Clause), Art. X (Final Provisions) of RA No. 10361 provides: "All articles or
provisions of Chapter III (Employment of Househelpers) of PD No. 442, as amended and
renumbered by RA No. 10151, are hereby expressly repealed. All laws, decrees, executive
orders, issuances, rules, and regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.
4. Inserted by RA No. 10151, "An Act Allowing the Employment of Night Workers, Thereby
Repealing Articles 130 and 131 of Presidential Decree No. 442, as amended, otherwise
known as the Labor Code of the Philippines".

5. Repealed by Section 16, Batas Pambansa Bilang 130, August 21, 1981. Reinserted by reason
of Republic Act No. 10396, "An Act Strengthening Conciliation-Mediation as a Voluntary
Mode of Dispute Settlement for all Labor Cases, Amending for this Purpose Article 228
of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the
Philippines", approved March 14, 2013.

6. Repealed by Section 16, Batas Pambansa Bilang 130, August 21, 1998. But revived by
Republic Act No. 10396.

7. Inserted by R.A. No. 10396, "An Act Strengthening Conciliation-Mediation as a Voluntary

Mode of Dispute Settlement for All Labor Cases, amending for this Purpose Article 228
of Presidential Decree No. 442, as amended, otherwise known as the "Labor Code of the
Philippines".
8. Amended by Sec. 1 of RA No. 9481 (2007), "An Act Strengthening the Workers' Constitutional
Right to Self-Organization, Amending for the Purpose Presidential Decree No. 442, as
Amended, Otherwise Known as the Labor Code of the Philippines."

9. As inserted by Sec. 4 of Republic Act No. 9481.

10. As inserted by Sec. 6 of Republic Act No. 9481.

11. As inserted by Sec. 7 of Republic Act No. 9481.

12. As inserted by Sec. 9 of Republic Act No. 9481.

13. As amended by Section 21, Republic Act No. 6715, March 21, 1989.

14. As amended by Section 1 of R.A. 10395, "An Act Strengthening Tripartism, amending for the
purpose Article 275 of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines".

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