Labor Standards 2ND Exam

LABOR STANDARDS 2 EXAM ND
Art. 82-171, Special Laws, IRRs, Labor Review of Chan, Benefits, TSN, Past Exams
TITLE I Managerial employees are not engaged for the time they put in but
WORKING CONDITIONS AND REST PERIODS the skis and qualifications they produce.
ART. 82 Coverage Not all managers are managerial employees.

Managerial employees are those who exercise independent
judgment or those who are members of the managerial staff.
Those who are exempted from coverage of the applicability of Title
I Working Conditions and Rest Periods.
3. Field Personnel
Not all of these employees are automatically removed from the Field personnels do not engage into agricultural work.
jurisdiction of the Labor Arbiter. But these employees are NOT • Fishermen are not field employees (Mercidar Fishing
ENTITLED to the standards of working conditions, premiums, vs. NLRC)
minimum wage required under Title I.
Field personnels’ hours of work cannot be determined with
1. Government employees reasonable certainty.
As to the hours of work, compensation, salaries, they are not under • Salesmen are Field Personnel (UFE vs. Vivar 1992)
the Labor Code, since their conditions of work is governed by a
different law and their compensation is through appropriation Employees doing agricultural work falls within the scope of Title
released by the legislation. I.
If the issue is if the GOCC employee can filed before the NLRC 4. Members of the Family who are dependent on him for
for complaints, there needs to be a distinction as to whether he support
belongs to a GOCC with an original or not.
Not necessarily children dependent on their parents.
Those GOCCs with original charter MAY not be under the CSC. Not necessarily parents dependent on their children.
Those GOCCs without original charter MAY NOT be under the
NLRC.
5. Domestic workers or Kasambahay
BSP is not a GOCC but a public corporation under the CSC.
A government corporation, owned and controlled and does not Kasambahays antedates industrial revolution.
have an original charter is NOT necessarily governed by the A child under foster family arrangement is not a Kasamabahay.
government corporation. (VFP vs. Sec. of Defense 2006) A Kasamabahay need not live inside the home where she does
household chores.
PRNC is sui generis. Not government not private.
A Kasambahay is NOT one who is engaged to work occasionally
GOCCs not under the CSC and under the Labor Code: and not on an occupational basis.
a. Bliss Development Corporation
b. PNOC-EDC The determination of whether a person doing household work as
c. Food Terminal Corporation a Kasamabahay is his employer (Apex Mining vs. NLRC).
2019 PAST EXAM A helper who does household work and is employed by a company
1. An employee of the PNOC is entitled to overtime and not a family is not a Kasambahay.
pay. This is because PNOC is not under the CSC but
the Labor Code.
2019 PAST EXAM

GOCCs under the CSC: 1. Kasambahays do not have the right to join or assist
a. Duty Free Philippines a labor organization of his own choice.
b. Local Water Districts 2. A household head who receives into his case a 17
c. PAGCOR year old niece and pays part of her tuition and daily
school expenses is exempt from paying his niece
2. Managerial Employees
Compiled and Arranged by Trina Marie Oralde 1

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performing household chores minimum wage 9. Service and Retail Establishments not employing more
because the niece is in personal service of another. than 5 employees
3. A Kasambahay can be a person who is in a live-out
arrangement but renders household help for a They are not exempted from the entirety of Title I. They are only
family. exempted from Night Shift Differential (93) and Regular Holidays
4. A Kasambahay who does massage work for an Pay (95).
employer’s massage parlor is entitled to minimum
wage for service establishments. Barbers are not automatically service employees.
Restaurants are service employees.
6. Persons in personal service of Another But if the restaurant allows you to order for take-out, it is already
a retail establishment.
If the Kasambahay is one which is not employed by a family but
just a single person, he falls under the 6th worker exempted. 10. Health Personnel of Cities with at least 1 million
population or with 100 – bed hospitals
Personal assistants of actresses who do the household work for
them. Does not have the same workweek as other employees.
They only have 5 working days workweek. The 6th and 7th day is a
7. Piece Rate rest day; apply premium pay.
Time workers are not workers paid by results. Includes the following:
1. Nurses
Piece rate workers are paid based on the pieces they’ve been able 2. Physicians
to produce and not the time they render at work. 3. Dietitians
4. Pharmacists
A piece rate worker doing more than 8 hours is not entitled to 5. Social Workers
overtime pay. BUT are entitled to regular holiday pay. 6. Paramedical technicians
7. Midwives
Time workers are entitled to overtime pay. 8. Attendants
9. Other hospital or clinic personnels
If you are given quota but you are a time worker, it does not mean
that you are a worker paid by results, the quota given to you is only 11. Fishing Crew Members of Fishing Boats that Go Out to
necessary to measure your efficiency and skill. the High Seas
A piece rate worker when not paid minimum wage cannot Fishing Crew Members who work in excess of the 8 hr period is
immediately file an action for violation of minimum wage or given another straight time pay.
money claims. He needs to file a petition to conduct a Time and
Motion study first. Not all fishing crew members are employees because there can be
industrial partnership, when they have control where to fish.
2019 PAST EXAM
2. One who chooses the days when he will work as a
an English teacher to Koreans is entitled to overtime
pay if he is paid at an hourly rate. This is because she ART. 83 Normal Hours of Work
is a time worker and not a worker paid by results.
Normal hours of work shall not exceed 8 hours (not 8 hours only).
Work can exceed 8 hours provided that there is overtime pay.
8. Payment by Results
Hours worked is determined by the amount of hours done within
They are paid based on the completion of the work or project. a working day.
If the payment of employee engaged to perform a task which Working day is the 24 consecutive hours beginning each day at the
cannot be completed within 2 weeks, they shall be paid at intervals first hour of work.
not exceeding 16 days based on the amount of work done.

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Work week is the work of 168 consecutive hours or seven Compensable Rest Period Meal periods
consecutive 24-hour work days beginning at the same hour on the 5-20 minutes Not less than 60 minutes
same calendar each week. Compensable May not compensable
ART. 84 Hours Worked

ART. 85 Meal Periods
It is all time during which the employee is required to be on duty
or to be at the employer’s premises and when he is suffered of Meal periods shall not be less than 60 minutes.
permitted to work.
Not entitled to meal periods:
1. All hours worked includes all hours required to his 1. Non-manual work
employer to be on duty or on a prescribed workplace. 2. Those working in an establishment operating 24 hours
(Philippine Blooming Mills Assoc vs. Philippine
It does not necessarily need that it involves physical or mental Blooming Mills)
exertion. The employee does not need to be productive. • They are entitled to eat or have their meal before work
or after work
An employee need not leave the premises of the work place in
order that his rest period shall not be counted.
Instances where employer can give less than 60 minutes but not
2. All the time which an employee is suffered or permitted less than 20 minutes:
to work. a. Where the work is non-manual in nature
Example: Saleslady, call center agents, etc.
If the work: b. Where the establishment regularly operates less than 16
a. was necessary or hours a day;
b. that it benefited the employer or c. When there is actual or impending emergencies
c. when the employee could not abandon his work d. Work is necessary to prevent serious perishable goods
because he had no replacement
- these are considered as hours worked. Thus, when If it has become an employer’s practice to give the employees more
these instances are performed beyond 8 hours of than one hour of meal period, this becomes a source of right which
work, the employee is entitled to overtime pay. can amend public policy.
Company practice is a source of right which can amend their work ART. 86 Night Shift Differential
rule or policies. It becomes a vested right.
Night shift differential must not be less than 10% of his regular
Example: When the employees had long been permitted from
wage.
closing early instead of having 8 hours of work, they are already
doing only 6 hours of work. They are entitled to pay as if they’ve
Night shift differential is work done during 10pm – 6am of not less
done a whole 8-hour work.
who shall be paid additional 10% of regular wage for each hour of
work performed.
The employers cannot subsequently require them to do 8 hours
because that has already become a vested right.
There can be overtime pay on top of night shift differential.
For employees working in an establishment with a three shifts, the
Night shift differential is work performed from 10pm-6am.
day the employee changes his shift is completely overtime. He is
Overtime is work performed in excess of 8 hours.
entitled additional compensation of 25% of his straight time pay
for every hour worked in excess of 8 hours.
Not entitled to NSD:
A. Art. 82
COMPENSABLE REST PERIODS
B. Retail and service establishments regularly employing
1. 5-20 minutes coffee break, etc.
not more than 5 workers
2. Rest period is compensable; Meal period is not
C. Deep Sea Fishing workers Crew
compensable.
3. Rest period does not exceed 20 minutes; Meal period
shall not be less than 60 minutes. ART. 87 Overtime Work

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Overtime work is anything paid in excess of 8 hours within a 4.

working day.
Overtime which shall not be less than 25% thereof. ART. 88 Undertime not Offset by Overtime
An employee who is paid monthly and not daily is entitled to an It involves different working days.
overtime pay.
One working day is where the employee was undertime and the
1. Right to overtime pay is NOT waivable. See issue on other where the employee had an overtime.
compressed work week or truncated work week.
2. Overtime pay cannot cause wage distortion,
If the employee rendered work in favor during his rest day or Compressed Work Week Arrangement1.
special holiday she shall be given another additional compensation 1. Where the normal workweek is reduced to less than six
of at least 30% of his regular wage. days with a total of 48 hours per week remains.
2. The normal workday is increased to more than eight
Premium Pay Overtime Pay hours but not exceeding 12 hours.
Work done during a rest day Work done in excess of 8 3. It is without the corresponding overtime premium
or special day or holiday hours within a working day. despite the work exceeding 8 hours.
4. It is a result of an express voluntary agreement of
There can be overtime pay on top of a premium pay. majority of the covered employees.
• Results to the waiving of overtime pay.
But both are not included for the computation of the 13th month
pay. Both are also not included for computation for the retirement 2019 PAST EXAM
benefits. 1. A policy in a workplace which provides that
tardiness of 30 minutes must be repaid by with
13th month pay overtime is not allowed, regardless if the employees
agreed to it or not. No offsetting is allowed, the
Those who were able to work for at least 1 month during the year, ground for overtime by reason of tardiness is also not
whether continuous or broken. allowed. No waiving of overtime pay.
When there was a prolonged practice of adding the overtime pay
in the computation of the thirteenth month pay, it has already ART. 89 Emergency Overtime Work
become a vested right.
IMPORTANT: a. When the country is at war or when any other national or local
1. Extras, casual, and seasonal employees are entitled to emergency has been declared by the National Assembly or the
13th month pay. Chief Executive;
2. A worker on a piece-rate basis are entitled to 13th month
pay BUT NOT overtime pay. b. When it is necessary to prevent loss of life or property or in case
3. Those with multiple employers can even be entitled to of imminent danger to public safety due to an actual or impending
13th month pay from all of his employers. emergency in the locality caused by serious accidents, fire, flood,
4. A terminated employee for culpable cause does not lost typhoon, earthquake, epidemic, or other disaster or calamity;
his 13th month pay.
5. Only rank and file employees are entitled to 13th month c. When there is urgent work to be performed on machines,
pay. installations, or equipment, in order to avoid serious loss or
6. 13th month pay up to 82,000 pesos with bonuses are damage to the employer or some other cause of similar nature;
exempt from income taxes.
d. When the work is necessary to prevent loss or damage to
2019 PAST EXAM perishable goods; and
3. A Lead Welder who has the power to hire and fire
his constituents is not entitled to overtime pay. This e. Where the completion or continuation of the work
is because he is exempt from the coverage as a started before the eighth hour is necessary to prevent
managerial employee.

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serious obstruction or prejudice to the business or ART. 92

operations of the employer.
a. In case of actual or impending emergencies caused by serious
Example: If the construction worker has just started to mix the accident, fire, flood, typhoon, earthquake, epidemic or other
cement on the 8th hour of work. Compulsory overtime kay saying disaster or calamity to prevent loss of life and property, or
ang semento nga gi mixing kung manguli lang dayun ang mga imminent danger to public safety;
workers kay bagting na. b. In cases of urgent work to be performed on the machinery,
equipment, or installation, to avoid serious loss which the
ART. 90 Computation of additional compensation employer would otherwise suffer;
c. In the event of abnormal pressure of work due to special
COLA or cost of living allowances is not included in the circumstances, where the employer cannot ordinarily be expected
computation of overtime pay. to resort to other measures;
d. To prevent loss or damage to perishable goods;
ART. 91Right to Weekly Rest Day e. Where the nature of the work requires continuous operations
and the stoppage of work may result in irreparable injury or loss
GENERAL RULE: An employee is entitled to 1 rest day for every to the employer; and
6 consecutive working days. f. Under other circumstances analogous or similar to the
foregoing as determined by the Secretary of Labor and
Example: Trina worked for six straight working days, which ended Employment.
on Friday 6pm. On Saturday, 7pm, Trina shall work because she
was entitled to a weekly rest day – from Friday 6pm – Saturday Almost similar to Art. 89.
6pm.
ART. 93 Compensation for rest day, Sunday or special
EXCEPTION: Health personnel in cities with at least one million holidays
population or 100 hospital beds. They are entitled to rest day after
5 consecutive working days. If the rest day is unworked = 100% regular wage (RW)
If worked = 100% RW + 30% premium
It is subject to preferences based on religious grounds. If rest day falls on a special holiday = = 100% RW + 50% premium
If work exceeds 8 hours = 100% + 30% + 30% overtime pay.
Employee makes known his preferred rest day in writing at least 7 If worked during 10pm – 6am = 100% + 30% + not less than 10%
days before the desired effectivity of the rest day. night shift differential
If the CBA provides for a much higher rates, CBA shall be
Employment practice can be a source of right. When the followed.
employees had long been practicing working 5 days and they are
compelled to work on the 6th day, entitled to premium pay. Special Holidays:
1. Special WORKING DAY
If you work for the whole 7 days every week. Sunday is deemed to - If worked = no additional premium pay
be your rest day and you are entitled to premium pay every
Sunday. 2. Special NON-WORKING DAY (no work no pay)
- If unworked = no additional 30%
- If worked = additional 30% premium pay
2019 PAST EXAM
2. A private high school principal who reports for ART. 94 Right to holiday pay.
work on a Sunday is not entitled to premium pay.
The high school principal is a managerial employee. Exempted:
3. A nurse working in Davao City is entitled to 1. Art. 82
premium pay on a Saturday even if her rest day is 2. Retail and services establishments employing less than
on Sunday. This is because health personnels living 10 persons
in cities with 1m population are entitled to two rest
days after 5 consecutive working days. 12 REGULAR HOLIDAYS
1. New Years Day
2. Araw ng Kagitingan
3. Maundy Thursday

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4. Good Friday 3. Non-Christians are entitled to regular holiday pay for

5. Labor Day Christmas and other Christian holidays.
6. Independence Day 4. Non-Muslims are entitled to regular holiday pay for
7. National Heroes Day Muslim holidays celebrated in their region.
8. Bonifacio Day
9. Christmas Day
10. Rizal Day ART. 95 Service Incentive Leave
11. Eid al-Fitr
12. Eid al-Adha An employee who has rendered at least one calendar year of service
shall be entitled to a yearly service incentive leave of five days with
If the holiday is unworked = 100% regular wage (RW) pay.
If worked = 100% RW + 100% Holiday Pay
If worked and falls on a rest day = 200 + 30 % premium pay Reckoned from the day that the employee has started working.
If work exceeds 8 hours = 200% + 30% overtime pay.
If worked during 10pm – 6am = 200% + not less than 10% night SIL are convertible to cash in cases where the extra 5 days of pay
shift differential per hour worked cannot be availed of, common in cases of security guards.
IMPORTANT RULES: An employee who is employed for a specific project is still entitled
1. If two regular holidays fall on one calendar day like to SIL even if they don’t serve the entire year.
April 6t h (Bataan Day and at the same time Holiday
Thursday) = 200% automatic The SIL will be done proportionately.
2. But if there are two holidays on the same day where the
other is a movable date like Good Friday or Holy Kasambahays are entitled to SIL not under Art. 95 but under RA
Thursday = only one holiday pay 100% 10361.
3. If the employee is absent on the day immediately
preceding working day because tomorrow is a regular 2019 PAST EXAM
holiday = no holiday pay 5. An employee who is dismissed with just cause at the
end of the year does not forfeit his entitlement of
Example: On April 8 you went on leave because you SIL if she has served for almost a year.
want to have to days off because April 9 is a regular 6. An employee who is employed for a 10 month
holiday, you have deemed forfeited you regular holiday specific project is still entitled to SIL.
pay.
4. If there are two successive regular holidays = 200% ART. 96 Service Charges
Exceptions: If the employee is absent on the day The establishments that are covered by service charges are hotels,
immediately preceding working day before the first restaurants, lodges, houses night clubs, cocktail lounges, massage
regular holiday, only entitled to pay for the second clinics, bars, casinos and gambling houses.
holiday.
5. If the regular holiday falls on a rest day, no rest day on Service charges are not tips.
the following day.
6. Offsetting holiday work with work on regular days is Tips are given voluntarily by the customers out of the excellent
not allowed. service.
The President has the power to adjust regular holidays. Service charges must be distributed:
a. 85% of the total service charges collected to the rank-
2019 PAST EXAM and-file employees (does not include managerial
1. A textile weaver assistant is entitled to regular holiday employees) and
pay during a pre-announced shut down days for the
maintenance. This is because regular holiday pay does
• Managerial employees are those who has the power to
not have the condition that the establishment must be
hire, transfer, suspend, lay-off, recall, discharge, assign
operating (for as long as as it has not yet closed).
or discipline
2. A teacher is entitled for regular holiday pay that occur
during semestral break.

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b. 15% retained for the management 1. MUST BE PAID BY LEGAL TENDER AND NOT
CASH
Pooled tips are distributed the same way service charges are 2. MUST NOT BE BELOW THE MINIMUM
distributed. WAGE RATES
3. WAGES CANNOT BE PAID ON A PIECE-RATE
Service charges cannot be deducted from wages. It is not part of BASIS TO ESCAPE MINIMUM WAGE RATES
wages. It cannot be used to determine whether the employer
complied with the increased minimum wage. "Wage" paid to any employee shall mean the remuneration or
earnings, however designated, capable of being expressed in terms
IMPORTANT ITEMS OF PAY of money, whether fixed or ascertained on a time, task, piece, or
commission basis, or other method of calculating the same, which
BASIC PAY is included in the income tax computation? YES is payable by an employer.
Is it included in the overtime pay computation? YES
Is it included in the 13th month computation? YES BASIC wage does not include COLA, profit-sharing agreements,
Can you get basic pay from multiple employers? YES premium payments, 13th month pay or other monetary benefits.
Is it included in computation of retirement pay? YES
WAGE RATES includes the includes COLA but excludes overtime
OVERTIME OR PREMIUM PAY pay, bonuses, night shift differential pay, holiday pay, 13th month
Is overtime and premium pay included in the computation of pay, premium pay, leave benefits and others.
income tax? YES.
Is overtime and premium pay included in the computation of Wage Salary
13th month pay? NO. Manual, skilled, or unskilled Higher or superior level of
Are you entitled to overtime or premium pay with multiple labor. employees.
employers? YES. Under the Civil Code, an Not exempt from execution
Is it included in computation of retirement pay? NO. employee’s wage shall not be or attachment or
subject to execution, garnishment.
EMERGENCY COST OF LIVING ALLOWANCE garnishment or attachment
Is ECOLA included in the computation of income except for debts incurred for
withholding tax? YES. food, shelter, clothing and
medical attendance.
Is ECOLA included in the computation of overtime and FACILITIES SUPPLEMENTS
premium pay? NO. Only basic pay is included in overtime Articles or services for the Extra remuneration or special
and premium pay computation. benefit of the employee or his privileges or benefits given to
employee or his family or received by the laborers
Is ECOLA included in the computation of 13th month pay? over and above their ordinary
NO. earnings or wages.
Are you entitled to ECOLA from multiple employers? NO. Necessary expenses for the
Only from the employer for whom you work full time. laborer’s and his family’s
existence
Is ECOLA included in the computation of retirement pay? DEDUCTIBLE NOT DEDUCTIBLE
NO. NOT TAXABLE TAXABLE
REQUIREMENTS FOR FACILITES TO BE DEDUCTIBLE

ART. 97 Definitions (Mabeza vs. NLRC 1997)
1. That it is customary and reasonable for the occupation or
An employer can be both a natural person and a juridical person. industry to offer such meals and lodging;
In cases of a manpower agency engages with an employer, it is not 2. That the employee agrees to accept such benefits in writing prior
an employee-employer relationship except in cases of contractor to the issuance of such benefits;
or subcontractor. ER-EE provided by law. 3. That the valuation of the meals and lodging must be fair and
reasonable.
An employee can only be a natural person. 4. The employer must not derive directly or indirectly, a financial
benefit as to that arrangement. - They must not derive a pecuniary
PRINCIPLES ON WAGES: benefit out of that arrangement.

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Minimum wage rates are determined by the RTWPB created by

Meals offered to employees in the restaurants = facilities. RA 6727.
AGRICULTURE No waiving of minimum wage on a forward direction.
All these tasks of cultivating, planting, plowing, and land There are instances where workers can receive lower than the
preparations agricultural. minimum wage but shall in no case be less that 75% of the
applicable minimum wage:
It includes any practices performed by a farmer on a farm as an a. Learnership agreement,
incident to or conjunction with such farming operations. b. an apprenticeship agreement, or
c. in the case of handicapped workers, and the program is
Practices which are incident to or conjunction with such farming registered with the TESDA recommended to the
operations: DOLE.
1. Tractor driver who is involved in the preparations of
plowing, preparing the soil by the disc plow of the Those not entitled to minimum wage:
tractor that is agricultural. 1. Employees in a cooperative
2. Accountants are incident to or conjunction with
statutory operations because the farmer has to keep an
account of his expenses. ART. 100 Prohibition Against Elimination or Diminution
3. Stripping of abacas. of Benefits
4. Drying of coconuts.
5. EVERYTHING THAT DOES NOT INVOLVE NO DIMINUTION OF BENEFITS PROVISIONS UNDER THE
CHEMICAL PROCESSES. LABOR CODE:
1. Art. 100
In cases of a banana plantation hiring a construction company and 2. Art. 127
the construction company hires the plantation workers =
plantation workers hired by the construction company = ART. 100 ART. 127
industrial. For purposes of the Labor For purposes of Wage Orders
Code
Employer is the material fact which dictates the classification of
the workers.
ART. 101 PAYMENT BY RESULTS
2019 PAST EXAMS:
1. Tractor operators who perform disc plowing on the PIECE-RATE
field are not entitled to invoke industrial wage rates. The basis for piece rate is the speed of the average worker.
This is because the tractor operators are agricultural
workers since their work are incident to farming Pieces done X Rate per piece = Wage
operations.
2. A truck driver who hauls rice and mill for his employer Not entitled to overtime pay.
and another farmer is paid an industrial minimum
wage. The work is no longer considered agricultural. Piece-rate workers cannot just file a money claims immediately but
they need to apply with the Department of Labor for a Time and
ART. 98 APPLICATION OF THE TITLE ON WAGES Motion Study.
As to Title on Wages (minimum wage rates, forms of payments, PAYMENT ON TASK BASIS
etc.) does not apply to: Paid by lump sum, but if the task cannot be done within 2 weeks,
1. Farm tenancy they are entitled to payment in proportion to the work
2. Leasehold accomplished.
3. Domestic service
In cases of retention amount where the principal withholds a
ART. 99 MINIMUM WAGE RATES percentage of the contracted price that there is no more defects in
the project. Then, upon satisfaction that there were no more

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defects, it is the time that they release the full amount, the retention
amount. It is already a civil law contract and not a labor contract. Payment of wages through ATM is allowed for as long as they
should be able to withdraw the entire amount because of the
PAYMENT OF WAGES prohibition against interference in the disposal of wages.
GENERAL RULES:
1. Must be paid in legal tender ART. 105 Direct Payment of Wages
2. Must be paid every two weeks or twice a month at
intervals not exceeding 16 days. The employer must pay directly in favor of the employee
3. Must be paid in the workplace
4. Must be paid directly to the employee EXCEPTIONS:
1. Force majeure
2. Worker has died
2019 PAST EXAM The employer may pay the wages of the deceased
1. Workers paid on a piece-rate basis are entitled to worker to the heirs of the latter without necessity of
regular pay. Their pay is based on the speed of an intestate proceedings
average worker. • Execution of affidavit attesting that they are related to
2. Workers paid on a task-basis are NOT entitled to the deceased.
overtime pay. This is because their pay is based on
the completion of a task and not the time they render
for work
3. A college instructor who does work for more than 8
hours is NOT entitled to overtime pay if he is paid
per subject taught basis. The college instructor is a ART. 106 SUBCONTRACTING
task-basis employee, thus NO overtime pay.
Whenever an employer enters into a contract with another person
for the performance of the former’s work, the employees of the
contractor and of the latter’s subcontractor, if any, shall be paid in
ART. 102 Forms of Payment accordance with the provisions of this Code.
Wages must be paid by legal tender. In the event that the contractor or subcontractor fails to pay the
wages of his employees in accordance with this Code, the
ART. 103 Time of Payment employer shall be jointly and severally liable with his contractor
or subcontractor to such employees to the extent of the work
At least once every two weeks or twice a month at intervals not performed under the contract, in the same manner and extent that
exceeding 16 days. he is liable to employees directly employed by him.
IMPORTANT:
2019 PAST EXAM 1. The employees does not need to wait for the judgment
4. Kasambahays and those other persons excluded that the contractor cannot pay them, they can
under this Title can be paid only once a month. The immediately sue the employer (unless what was entered
twice a month rule of intervals not exceeding 16 into by the employer and the contractor is a lease
days shall not apply to them. agreement).
2. They are employees by the employer in the eyes of the
law on the grounds of failure to pay by the independent
ART. 104 Place of Payment contractor.
Payment by check or money orders is allowed only if it has been Labor-only contracting where the person supplying workers to an
customary on the date of the effectivity of the Code and stipulated employer does not have substantial capital or investment in the
in a collective agreement. form of tools, equipment, machineries, work premises, among
others, and the workers recruited and placed by such person are
Secretary Quisumbing in the 90’s made this advisory or performing activities which are directly related to the principal
memorandum allowing for the payment of wages through ATM. business of such employer.

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A natural person or juridical person who contracts with an

LEGITIMATE JOB CONTRACTING VS. LABOR ONLY independent contractor for the performance of any work, task, job
CONTRACTING or project.
LEGITIMATE JOB CONTRACTING OR BONA FIDE ART. 108 Posting of a Bond

CONTRACTING
No ER-EE relationship exists between the
contractor’s employees and the principal The employer or IE may require the contractor or subcontractor
to furnish a bond equal to the cost of labor. The bond will answer
What exists between principal and contractor is a the wages that the contractor will fail to pay.
Service Agreement.
The solidary obligation of the principal and the
legitimate job contractor is only for a limited ART. 110 Workers Preference in Case of Bankruptcy
purpose:
By fiction of law, principal is direct employer.
1. For paying their wages in case of failure
This is a concurrence and preference of credits provision.
or non-fulfillment on the part of the
contractor to his employees. The employer must have been judicially declared as insolvent.
2. For violation of provisions of the Labor
Code, to the extent of the work performed
or only those provisions which are related The properties or assets that can be held answerable for the
with the employment contract liabilities or monetary claims in favor of the workers only covers
free property.
Principal being an indirect employer is only true in
cases where these instances does not occur.
Bankrupcty or insolvency happens when the assets are deficient to
The workers of the contractor undertakes to perform answer for the liabilities.
a specific job which is not usual and necessary in the
course of the principal’s business.
In the event of bankruptcy or liquidation of an employer’s
Even if it be proven that there is substantial capital or business, his workers shall enjoy first preference as regards their
investment in the form of tools, etc. BUT if the wages and other monetary claim is TRUE only in cases where the
contractor’s employees are either:
1. Under the control of the principal in the government does not have a sovereign claims/taxes.
means and methods of what they do or
2. They to perform a specific job which is Worker’s monetary claims is ahead of proprietary claims.
usual and necessary in the course of the
principal’s business.
= they are labor-only contracting According to the SC, in the case of DBP vs NLRC (1993),
government claims here are govt proprietary claims. Claims of the
workers for their unpaid salaries are superior over government
LABOR-ONLY CONTRACTING proprietary claims. However, if they are sovereign claims for
There is an ER-EE relationship between the
contractor’s employees and the principal that is unpaid taxes, then, unpaid taxes are superior over workers’ unpaid
created by law wages.
The principal becomes solidary liable with the labor-
only contractor in the same manner and extent that the
principal is liable to employees in the same manner
Proof of financial loss so as to be bankrupt is audited financial
and extent that the principal is liable to his employees. statements.
Principal is under the obligation to pay them their SSS,
Philhealth, etc. as if they were indeed the employees
of the principal.
ART. 111 Attorney’s Fees
Labor-only contractor merely becomes an agent of Attorney’s fees where in cases of unlawful withholding of wages,
the principal, thus all the acts of the agent now binds
the principal and becomes liable for all the claims of
the culpable party may be assessed attorney’s fees.
the employees.
They undertake to perform a specific job which is Attorney’s fees shall not exceed 10%. It is a ceiling and not a floor.
usual and necessary in the course of the principal’s
business.
Contemplates a situation where by reason that your employer is
withholding wages from you, you had to resort to the court.
ART. 107 Indirect Employer Traders Royal Bank Employees Union vs. NLRC
The original counsel who was replaced by the employee’s in their
case where they were being withheld of their 13th month pay filed

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a motion for attorney’s fees when the case won before the SC. SC c. That the deduction is fair and reasonable and shall not
said, the attorney can file it even after the decision has become final exceed the actual loss or damage
and executory for as long as the money judgement has not yet been d. That the deduction from the wages of the employee
executed. Even if the decision has already become final and does not exceed 20 percent of the employee’s wages in
executory for as long as it has not yet been actually executed, you a week. He cannot be deducted more than 120th of his
can file a motion. Why? Because that issue is purely incidental. weekly wage.
ART. 112 Non-interference in Disposal of Wages Computation for loss which is actual loss = acquisition price –
accumulated depreciation.
The employer cannot tell the worker what he does with his wages.
ART. 115 Limitations on deductions for loss or damage
For example:
The employer in cases where there is a dented Milo or Bear Brand ART. 116 Withholding of Wages and Kickbacks Prohibited
and he compels the employee to buy the dented Milo for 60% off
deducted to his wage. What you can is you can offer it to the It shall be unlawful for any person, directly or indirectly, to
workers in a first come, first serve basis paid with their money. withhold any amount from the wages of a worker or induce him
You can have the employees first have their wages before you ask to give up any part of his wages by force, stealth, intimidation,
them to buy and give them first priority and discounts in case they threat, or by any other means whatsoever without the worker's
wish to buy. consent.
ART. 113 Wage Deduction. ART. 117 Deduction to ensure employment
GENERAL RULE: No deduction of wages of the employees. Example: Where the foreman of a construction company will
deduct a percentage from the wage of the laborer that will ensure
ALLOWED DEDUCTIONS: him that he will be hired on the next project where the foreman’s
1. In cases where the worker is insured with his consent skills will be employed.
by the employer, and the deduction is to recompense
the employer for the amount paid by him as premium ART. 118 Retaliatory Measures
on the insurance;
2. For union dues, in cases where the right of the worker When an employee complains before the DOLE and the employer:
or his union to check-off has been recognized by the a. Refuses to pay
employer or authorized in writing by the individual b. Reduces the wages and benefits
worker concerned; and c. Discharge
3. In cases where the employer is authorized by law or d. Discriminate in against any employee who has filed a
regulations issued by the Secretary of Labor and complaint or instituted any proceeding under this Title
Employment.
a. Withholding tax on income
b. Deductions for employer’s counterpart in ART. 119 False Reporting
Employee’s contributions in the SSS
c. Philhealth Any person is liable in this article not just the employee nor the
d. Pag-Ibig employer.
e. Art. 114
It is unlawful for any person to make any statement, report, or
record filed or kept pursuant to the provisions of this Code
ART. 114 Deposits for loss or damage. knowing such statement, report or record to be false in any
material respect.
There can be deductions from the wages in case of loss or damage.
Example:
Deductions can only be made in case where there: Employee makes a false statement about his time in or time out.
a. That the employee concerned is clearly shown to be Employer makes a false statement about the payroll of the
responsible employer. See Visitorial Powers by the DOLE.
b. Employee is given the reasonable opportunity to show
cause

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ART. 120 Creation of National Wages and Productivity

Commission
Before, it was Congress who decreed the minimum wage. ART. 124 Standards/Criteria for minimum wage fixing
Now, it is the RTWPB created by RA 6727.

1. The demand for living wages;
Members of the RTWPB: 2. Wage adjustment vis-à-vis the consumer price index
1. Chairman 3. The cost of living and changes or increases therein;
2. Asst. Chairman 4. The needs of workers and their families;
3. Two representatives from Labor 5. The need to induce industries to invest in the countryside;
4. Two from the employers 6. Improvements in standards of living;
7. The prevailing wage levels;
Who are the two government representatives in the RTWPB? 8. Fair return of the capital invested and capacity to pay of
1) The ex-officio Chairman is regional director of DOLE; and employers;
2) the regional director of the National Economic and 9. Effects on employment generation and family income; and
Development Authority (NEDA) 10. The equitable distribution of income and wealth along the
imperatives of economic and social development.
There will be hearings to be done to deliberate wage orders:
1. In favor of the employees – increase Wage Distortion
2. In favor of the employers – no increase (there can be A wage distortion shall mean a situation where an increase in
no decrease) prescribed wage rates results in the elimination or severe
contraction of intentional quantitative differences in wage or salary
ART. 121 rates between and among employee groups in an establishment as
to effectively obliterate the distinctions embodied in such wage
ART. 122 structure based on skills, length of service, or other logical bases of
differentiation.
ART. 123 Wage Order
1. There is a wage order.
Wage orders take effect after 15 days from its complete publication 2. Employees are not paid the same pay. There is a hierarchy of
in at least one newspaper of general circulation in the region. payments depending on
their experience, qualifications, length of service, etc.
Wage orders are appealable within ten calendar days from the 3. The wage order is only applicable, not to all, but on one
publication (not its effectivity) before the National Wage and segment; and when it is applied to that segment, the
Productivity Commission. difference is lost or severely truncated.
4. There is a difference between the groups which is
Pending appeal, the wage order is not suspended. eliminated by reason of the wage.
5. Those who are benefited and affected by the wage
Wage order can only be suspended where there will be an distortion must belong within the same region.
undertaking of a surety or a bond.
IMPORTANT ABOUT WAGE DISTORTION:
The bond is made as a payment to the employees affected by the 1. It can never be a ground for strike because the law
order of the corresponding increase in the event such order is provides for the settlement in case of wage distortion.
affirmed.
Wage Distortion Settlement
WAGE ORDERS ARE NEVER REDUCED. Where it is an organized situation because there is a CBA, it shall
be resolved though the grievance procedure under the CBA. If
ECOP VS. NWPC unsolved, voluntary arbitration (which shall be resolved within 10
FLOOR WAGE METHOD SALARY CEILING calendar days from it is referral). Decision of can be appealed
Fixing of a determinate The wage adjustment is before the CA under Rule 43, then SC.
amount that would be added applied to employees
to the prevailing minimum receiving a certain Where it is an unorganized situation because there is no CBA, it
wage. denominated salary ceiling. shall be resolved though the grievance procedure under the

2 Manresa 2020-2021
National Conciliation and Mediation Board. If unsolved after 10 4. If the compliance order involves a monetary award, the
calendar days, Labor Arbiter to NLRC to CA to SC. appeal is perfected only upon posting of a bond
The pendency of a dispute arising from a wage distortion shall not OSHA INSPECTIONS:
in any way delay the applicability of any increase in prescribed 1. Suspension order (hearing, even ex parte is not needed
wage rates pursuant to the provisions of law or Wage Order. for the issuance of the suspension order)
2. Within 24 hrs from order, there will be a hearing to
ART. 126 Prohibition against Injunction either lift or continue the suspension only (Hearing is
not necessary to issue suspension order by reason of
The proceedings before the Commission or RTWPB cannot be expediency to solve imminent danger in the workplace).
subject of an injunction filed before any court.
There can be no violation of due process despite absence of a
ART. 127 Non Diminution of Benefits. hearing.
No wage rates issued by the RTWPB shall be lower than the ART. 129 QUASI-JUDICIAL
statutory minimum wage rates prescribed by Congress.
In case where the complaint involves only a monetary claim (no
SPECIAL WORKERS WHO CAN BE PAID LESS THAN question of the termination or dismissal) without prayer for
THE MINIMUM WAGE BUT NOT LESS THAN 75% OF reinstatement where the aggregate individual claim does not
THE MINIMUM WAGE: exceed 5,000 pesos per employee or househelper, the complaint
can be solved by the Regional Director of DOLE who shall resolve
Handicapped are those with disabilities or some physical or it within 30 calendar days.
mental challenges that affect their productivity.
There shall be no issue regarding the termination or your
Apprentice are those who have a lecture component. dismissal.
Learners are those who do not have a lecture component. If all or only one for the employees has a money claim of more
than 5,000 pesos, all of them shall go to the Labor Arbiter and not
All of these must be approved by the TESDA for the employer before the RD of DOLE.
to be exempted from paying below minimum wage but it is
not a condition for them to hired. Again, the permit is only IMPORTANT: Bombo Radyo vs.
necessary for them to be paid below minimum wage. If in the money-claims there is a defense or allegation of ER-EE
relationship, the RD has the power to determine whether there is
ER-EE relationship.
ART. 128 Visitorial and Enforcement Power TITLE III

Working Conditions for Special Groups of Employees
TWO KINDS OF VISITORIAL POWERS
1. Visitorial powers to enforce Labor Standards laws; Special groups of employees:
2. Visitorial powers to enforce Occupational Health and Safety 1. Women
Standards. 2. Minors
3. Househelpers
LABOR STANDARDS INSPECTIONS: 4. Homeworkers
1. Findings of fact and recommendation 5. Night Workers
2. Compliance order 6. Apprentices
3. In case of non-compliance, there will be a writ of 7. Handicapped Workers
execution
a. Compliance order can be appealed before the ART. 130 Facilities for Women
NLRC It can only be assailed when the employer
contests the findings of the NLRC with
documentary prods not considered in the course
of inpection ART. 133 Discrimination Prohibited

2 Manresa 2020-2021
Equal pay for equal work. You do not pay a woman who is doing
the same job as a man, lower salary because she’s a woman. Equal (1) The sexual favor is made as a condition in the hiring or in the
work for equal pay. employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation,
Example: If the woman is hired as a cook for a construction site, terms, conditions, promotions, or privileges; or the refusal to grant
she cannot invoke that she’ll be given the same wage with those the sexual favor results in limiting, segregating or classifying the
men working as carpenters. Why? They do not have the same employee which in any way would discriminate, deprive or
work. diminish employment opportunities or otherwise adversely affect
said employee;
But if the woman is an electrician, she can invoke to be given the
same wage as those electricians who are men. (2) The above acts would impair the employee’s rights or privileges
under existing labor laws; or
The difference for the work must be substantial.
(3) The above acts would result in an intimidating, hostile, or
ART. 134 Stipulation Against Marriage offensive environment for the employee
You cannot make a woman quit her job because she is getting Duties of the Employer under RA 7877
married First, the employer must promulgate appropriate rules and
regulations in consultation with and jointly approved by the
You cannot refuse to accept her back after taking her maternity employees or students or trainees, through their duly designated
leave representatives, prescribing the procedure for the investigation of
sexual harassment cases and the administrative sanctions therefor.
You cannot make marriage a condition for continuation of
employment - that a woman employee shall not get married or to Second, the employer should create a committee on decorum and
stipulate expressly or tacitly that upon getting married a woman investigation of cases on sexual harassment. The committee shall
employee shall be deemed resigned or separated or to actually conduct meetings, as the case may be, with officers and employees,
dismiss, discharge or otherwise prejudiced a woman employee teachers, instructors, professors, coaches, trainors, and students or
merely by reason of marriage. * trainees to increase understanding and prevent incidents of sexual
harassment. It shall also conduct the investigation of alleged cases
Timex assembly worker example by Fr. constituting sexual harassment.
If the woman is being required to be married to be employed, it
does not fall under Art. 134. A committee shall already be existing even before there is any
complaint.
What is prohibited is that the marriage is negative to the job.
IMPORTANT:
RA 7877 ANTI-SEXUAL HARASSMENT 1. If the employer fails to comply with these and there is
sexual harassment proven, the employer is
The Anti-Sexual Harassment Law penalizes sexual harassment in SOLIDARILY LIABLE for damages.
three situations:
(1) work-place related;
(2) education-related; and RA 9710 MAGNA CARTA LAW OF WOMEN
(3) training-related.
Our response to the call of the United Nations for a gender-based
IMPORTANT: equality policy.
1. There must be moral ascendancy against the person
liable. It cannot be a situation where the employee was In keeping with the Convention on the Elimination of All Forms
the one who allegedly committed sexual harassment of Discrimination Against Women (CEDAW) and other
against his employer. international instruments consistent with Philippine law.
2. Complaint by the employee does not need to be written
or under oath. It can be made orally. Gynecological disorders. This refers to disorders that would require
surgical procedures such as, but not limited to dilatation and
(a) In a work-related or employment environment, sexual  curettage and those involving female reproductive organs such as
harassment is committed when: the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa

2 Manresa 2020-2021
and pelvic floor, as certified by a competent physician. It shall also To be entitled to the leave benefit, the only requirement is for the
include hysterectomy, ovariectomy and mastectomy. victim-employee to present to her employer a certification from
the barangay chairman (Punong Barangay) or barangay councilor
IMPORTANT: (barangay kagawad) or prosecutor or the Clerk of Court, as the
1. She must have rendered at least 6 months continuous case may be, that an action relative to the matter is pending.
aggregate employment service for the last twelve
months prior to surgery. ART. 135 Prohibited Acts
2. It is not convertible to cash
3. Certification by a competent physician ART. 136 Classification of Certain Women Workers
4. 2 months leave with pay
ART. 137 Minimum Employable Age
RA 1121 MATERNITY LEAVE (NEW LAW)
Employment Age is 15 years old.
105 days - Live child birth regardless if CS or normal delivery With regards to the employment of children (below 15 years of
60 days – miscarriage age) since the employment age is 15yo and above.
Unlimited births
Female worker was terminated by the employer (habitually tardy)? The employment of children who are below 15 is a violation under
• IF not more than 15 calendar days after termination; childbirth, the Labor Code and Child Exploitation Act.
miscarriage = can still avail
• IF illegal dismissal, 15 calendar days period will not apply. Can INSTANCES WHERE THE EMPLOYMENT OF CHILDREN
avail of benefit regardless of the length of time. BELOW 15 YEARS OLD IS ALLOWED:
• IF resigned today, then tomorrow nanganak, CAN avail of 1. Where the child is under the direct supervision of his
benefit = 15 calendar days allowance parents
a. Does not endanger the child’s safety
b. Does not impair the child’s normal development
Under the previous law c. Provides the child with the primary or secondary
1. 60 days for normal or miscarriage education prescribed by the DEPED
2. 78 days for caesarian
3. Only for the first four pregnancy 2. In cases of child employment in the cinemas, radio,
television.
RA 8187 PATERNITY LEAVE A. Work permit issued by the DOLE
Requisite: ART. 151 Employment of homeworkers

1. Married male employee
2. Either in the private and public sectors Employer must deliver or causes to be delivered any goods needed
3. Shall be entitled to a paternity leave of seven (7) days to be processed or fabricated in or about a home and shall be
with full pay returned thereafter or sells any goods, articles or materials to be
4. for the first four (4) deliveries of the legitimate spouse processed and rebuys them after such processing.
with whom he is cohabiting.
No overtime pay.
IMPORTANT:
1. Not convertible to cash The redoing of work on the ground that it was not under the
2. Exception to cohabiting is when the nature of work specifications called for is without extra pay.
requires (OFWs or assigned in a different place far from
the spouse) Homeworkers are not domestics. They are industrial workers who
3. 7 days is only a minimum; company policy can provide do not leave their workplace.
more than 7 days leave with full pay
RA 9262 VAWCY LEAVE ART. 154 Night Worker
10 days with full pay. Covers:

All persons who shall be employed or permitted or suffered to
work at night.

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(c) Pregnant women and nursing mothers may be allowed to

Exempted: work at night only if a competent physician, other than the
Those who are employed in agriculture, stock raising, fishing, company physician, shall certify their fitness to render night
maritime transport and inland navigation. work, and specify, in the ease of pregnant employees, the period
of the pregnancy that they can safely work.
Night worker means any employed person whose work requires
performance of a substantial number of hours of night work which
exceeds a specified limit. This limit shall be fixed by the Secretary
of Labor after consulting the workers’ representatives/labor ART. 168 OCCUPATIONAL HEALTH AND SAFETY
organizations and employers.
Health and Safety can be classified into two:
ART. 155 Health Assessment 1. Hazardous workplace
2. Non-hazardous workplace
The workers shall have the right to undergo health assessment but
at their request. Example of non-hazardous workplace:
1. Insurance company
ART. 156 Mandatory Facilities
Requirement of the law of a non-hazardous workplace:
1. First-aid facilities a. Where 50 or less workers are employed = there is only
2. Sleeping or resting quarters one (1) worker to be trained in first aid and another (1)
3. Transportation form the work premises to the nearest for artificial resuscitation.
point of their residences Hazardous workplace is described as one workplace that is
involved in managing high temperature or corrosive chemicals.
ART. 157
Requirement of the law of a hazardous workplace:
ART. 158 Women Night Worker 1. Where there is at least 200 workers = (1) nurse and (1)
part-time doctor
Measures shall be taken to ensure that an alternative to night work 2. Where there is at least 500 workers = (1) Full-time
is available to women workers who would otherwise be called upon physician and (1) a nurse
to perform such work:
(a) Before and after childbirth, for a period of at least sixteen The full-time nurses and full-time physicians ARE NOT
(16) weeks, which shall be divided between the time before and REGULAR WORKERS. (Escasiñas vs. NLRC)
after childbirth;
(b) For additional periods, in respect of which a medical They can never be permanent even if full-time because they can
certificate is produced stating that said additional periods are still be dismissed anytime.
necessary for the health of the mother or child:
(1) During pregnancy; Since their activities are not directly related to the business of the
(2) During a specified time beyond the period, after childbirth is employer, they are not permanent or regular.
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 authorised 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.

2 Manresa 2020-2021

Labor Standards 2ND Exam

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LABOR STANDARDS 2 EXAM ND

ART. 82 Coverage Not all managers are managerial employees.

2019 PAST EXAM

Compiled and Arranged by Trina Marie Oralde 1

Compiled and Arranged by Trina Marie Oralde 2

ART. 84 Hours Worked

Compiled and Arranged by Trina Marie Oralde 3

Overtime work is anything paid in excess of 8 hours within a 4.

Compiled and Arranged by Trina Marie Oralde 4

serious obstruction or prejudice to the business or ART. 92

Compiled and Arranged by Trina Marie Oralde 5

4. Good Friday 3. Non-Christians are entitled to regular holiday pay for

Compiled and Arranged by Trina Marie Oralde 6

REQUIREMENTS FOR FACILITES TO BE DEDUCTIBLE

Compiled and Arranged by Trina Marie Oralde 7

Minimum wage rates are determined by the RTWPB created by

AGRICULTURE No waiving of minimum wage on a forward direction.

Compiled and Arranged by Trina Marie Oralde 8

Compiled and Arranged by Trina Marie Oralde 9

A natural person or juridical person who contracts with an

LEGITIMATE JOB CONTRACTING OR BONA FIDE ART. 108 Posting of a Bond

Compiled and Arranged by Trina Marie Oralde 10

ART. 113 Wage Deduction. ART. 117 Deduction to ensure employment

Compiled and Arranged by Trina Marie Oralde 11

ART. 120 Creation of National Wages and Productivity

Now, it is the RTWPB created by RA 6727.

Compiled and Arranged by Trina Marie Oralde 12

ART. 128 Visitorial and Enforcement Power TITLE III

Compiled and Arranged by Trina Marie Oralde 13

Compiled and Arranged by Trina Marie Oralde 14

Requisite: ART. 151 Employment of homeworkers

RA 9262 VAWCY LEAVE ART. 154 Night Worker

10 days with full pay. Covers:

Compiled and Arranged by Trina Marie Oralde 15

(c) Pregnant women and nursing mothers may be allowed to

During the periods referred to in this article:

Compiled and Arranged by Trina Marie Oralde 16

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