Statement of Objectives (Article 12) c.

To give any false notice, testimony,

information or document or commit any act
a. To promote and maintain a state of full
of misrepresentation for the purpose of
employment through improved manpower
securing a license or authority under this
training, allocation and utilization;
Code;
b. To protect every citizen desiring to work
d. To induce or attempt to induce a worker
locally or overseas by securing for him the
already employed to quit his employment in
best possible terms and conditions of
order to offer him to another unless the
employment;
transfer is designed to liberate the worker
c. To protect every citizen desiring to work from oppressive terms and conditions of
locally or overseas by securing for him the employment;
best possible terms and conditions of
e. To influence or to attempt to influence any
employment;
person or entity not to employ any worker
d. To facilitate and regulate the movement of who has not applied for employment
workers in conformity with the national through his agency;
interest;
f. To engage in the recruitment or placement
e. To regulate the employment of aliens, of workers in jobs harmful to public health or
including the establishment of a registration morality or to the dignity of the Republic of
and/or work permit system; the Philippines;

f. To strengthen the network of public g. To obstruct or attempt to obstruct

employment offices and rationalize the inspection by the Secretary of Labor or by his
participation of the private sector in the duly authorized representatives;
recruitment and placement of workers,
h. To fail to file reports on the status of
locally and overseas, to serve national
employment, placement vacancies,
development objectives;
remittance of foreign exchange earnings,
g. To insure careful selection of Filipino separation from jobs, departures and such
workers for overseas employment in order other matters or information as may be
to protect the good name of the Philippines required by the Secretary of Labor;
abroad.
i. To substitute or alter employment contracts
Prohibited Practices (Article 34) approved and verified by the Department of
Labor from the time of actual signing thereof
a. To charge or accept, directly or indirectly, by the parties up to and including the
any amount greater than that specified in periods of expiration of the same without
the schedule of allowable fees prescribed by the approval of the Secretary of Labor;
the Secretary of Labor, or to make a worker
pay any amount greater than that actually j. To become an officer or member of the
received by him as a loan or advance; Board of any corporation engaged in travel
agency or to be engaged directly or indirectly
b. To furnish or publish any false notice or in the management of a travel agency; and
information or document in relation to
recruitment or employment; k. To withhold or deny travel documents from
applicant workers before departure for
monetary or financial considerations other
 than those authorized under this Code and When Employer May Require Work on a Rest
its implementing rules and regulations. Days (Article 92)

Exception from the Application Working a. In case of actual or impending emergencies

Conditions and Rest Periods caused by serious accident, fire, flood,
typhoon, earthquake, epidemic or other
a. government employees disaster or calamity to prevent loss of life
and property, or imminent danger to public
b. managerial employees
safety;
c. field personnel
b. In cases of urgent work to be performed on
d. members of the family of the employer who the machinery, equipment, or installation, to
are dependent on him for support avoid serious loss which the employer would
otherwise suffer;
e. domestic helpers
c. In the event of abnormal pressure of work
f. persons in the personal service of another,
due to special circumstances, where the
and
employer cannot ordinarily be expected to
g. workers who are paid by results resort to other measures;

Emergency Overtime Work (Article 89) d. To prevent loss or damage to perishable

goods;
a. When the country is at war or when any
other national or local emergency has been e. Where the nature of the work requires
declared by the National Assembly75 or the continuous operations and the stoppage of
Chief Executive; work may result in irreparable injury or loss
to the employer; and
b. When it is necessary to prevent loss of life or
property or in case of imminent danger to f. Under other circumstances analogous or
public safety due to an actual or impending similar to the foregoing as determined by the
emergency in the locality caused by serious Secretary of Labor and Employment.
accidents, fire, flood, typhoon, earthquake,
Exception on Wage Deduction (Article 113)
epidemic, or other disaster or calamity;
a. In cases where the worker is insured with his
c. When there is urgent work to be performed
consent by the employer, and the deduction
on machines, installations, or equipment, in
is to recompense the employer for the
order to avoid serious loss or damage to the
amount paid by him as premium on the
employer or some other cause of similar
insurance;
nature;
b. For union dues, in cases where the right of
d. When the work is necessary to prevent loss
the worker or his union to check-off has
or damage to perishable goods; and
been recognized by the employer or
e. Where the completion or continuation of the authorized in writing by the individual
work started before the eighth hour is worker concerned; and
necessary to prevent serious obstruction or
c. In cases where the employer is authorized by
prejudice to the business or operations of
law or regulations issued by the Secretary of
the employer.
Labor and Employment.
Standards/Criteria for Minimum Wage Fixing c. To order stoppage of work or suspension of
(Article 124) operations of any unit or department of an
establishment when non-compliance with
a. The demand for living wages;
the law or implementing rules and
b. Wage adjustment vis-à-vis the consumer regulations poses grave and imminent
price index; danger to the health and safety of workers in
the workplace;
c. The cost of living and changes or increases
therein; Prohibited Acts of Discrimination Against
Women (Article 133)
d. The needs of workers and their families;
a. Payment of a lesser compensation,
e. The need to induce industries to invest in the including wage, salary or other form of
countryside; remuneration and fringe benefits, to a
f. Improvements in standards of living; female employee as against a male
employee, for work of equal value; and
g. The prevailing wage levels;
b. Favoring a male employee over a female
h. Fair return of the capital invested and employee with respect to promotion,
capacity to pay of employers; training opportunities, study and
i. Effects on employment generation and scholarship grants solely on account of
family income; and their sexes.

j. The equitable distribution of income and Prohibited Acts Against Women (Article 135)
wealth along the imperatives of economic a. To deny any woman employee the benefits
and social development. provided for in this Chapter or to discharge
Visitorial and Enforcement Powers of SOL and any woman employed by him for the
Representatives (Article 128) purpose of preventing her from enjoying any
of the benefits provided under this Code;
a. To access employer’s records and premises
at any time of the day or night whenever b. To discharge such woman on account of her
work is being undertaken therein, and the pregnancy, or while on leave or in
right to copy therefrom, to question any confinement due to her pregnancy;
employee and investigate any fact, condition c. To discharge or refuse the admission of such
or matter which may be necessary to woman upon returning to her work for fear
determine violations or which may aid in the that she may again be pregnant.
enforcement of this Code and of any labor
law, wage order or rules and regulations Employer of Industrial Homeworkers:
issued pursuant thereto; a. Delivers, or causes to be delivered, any
b. To issue compliance orders to give effect to goods, articles or materials to be processed
the labor standards provisions of this Code or fabricated in or about a home and
and other labor legislation based on the thereafter to be returned or to be disposed
findings of labor employment and of or distributed in accordance with his
enforcement officers or industrial safety directions; or
engineers made in the course of inspection; b. Sells any goods, articles or materials to be
processed or fabricated in or about a home
 and then rebuys them after such processing g. To ensure the participation of workers in
or fabrication, either by himself or through decision and policy-making processes
some other person. affecting their rights, duties and welfare.

Permanent Total Disability Unfair Labor Practices of Employers

a. Temporary total disability lasting a. To interfere with, restrain or coerce

continuously for more than one hundred employees in the exercise of their right to
twenty days, except as otherwise provided self-organization;
for in the Rules;
b. To require as a condition of employment
b. Complete loss of sight of both eyes; that a person or an employee shall not join a
labor organization or shall withdraw from
c. Loss of two limbs at or above the ankle or
one to which he belongs;
wrist;
c. To contract out services or functions being
d. Permanent complete paralysis of two limbs;
performed by union members when such
e. Brain injury resulting in incurable imbecility will interfere with, restrain or coerce
or insanity; and employees in the exercise of their right to
self-organization;
f. Such cases as determined by the Medical
Director of the System and approved by the d. To initiate, dominate, assist or otherwise
Commission interfere with the formation or
administration of any labor organization,
Declaration of Policy on Labor Relations (Article including the giving of financial or other
218) support to it or its organizers or supporters;
a. To promote and emphasize the primacy of e. To discriminate in regard to wages, hours of
free collective bargaining and negotiations, work and other terms and conditions of
including voluntary arbitration, mediation employment in order to encourage or
and conciliation, as modes of settling labor discourage membership in any labor
or industrial disputes; organization.
b. To promote free trade unionism as an f. To dismiss, discharge or otherwise prejudice
instrument for the enhancement of or discriminate against an employee for
democracy and the promotion of social having given or being about to give
justice and development; testimony under this Code;
c. To foster the free and voluntary organization g. To violate the duty to bargain collectively as
of a strong and united labor movement; prescribed by this Code;
d. To promote the enlightenment of workers h. To pay negotiation or attorney’s fees to the
concerning their rights and obligations as union or its officers or agents as part of the
union members and as employees; settlement of any issue in collective
e. To provide an adequate administrative bargaining or any other dispute; or
machinery for the expeditious settlement of i. To violate a collective bargaining agreement.
labor or industrial disputes;

f. To ensure a stable but dynamic and just

industrial peace; and
Unfair Labor Practices of Labor Organizations or any immediate member of his family or
his duly authorized representatives; and
a. To restrain or coerce employees in the
exercise of their right to self-organization. e. Other causes analogous to the foregoing.

b. To cause or attempt to cause an employer to Termination by Employer (Authorized Cause)

discriminate against an employee, including
a. installation of labor-saving devices
discrimination against an employee with
respect to whom membership in such b. redundancy
organization has been denied or to
terminate an employee on any ground other c. retrenchment to prevent losses
than the usual terms and conditions under d. closing or cessation of operation of the
which membership or continuation of establishment
membership is made available to other
members; e. employee has been found to be suffering
from any disease and whose continued
c. To violate the duty, or refuse to bargain employment is prohibited by law or is
collectively with the employer, provided it is prejudicial to his health as well as to the
the representative of the employees; health of his co-employees
d. To cause or attempt to cause an employer to Termination by Employee (Constructive
pay or deliver or agree to pay or deliver any Dismissal)
money or other things of value, in the nature
of an exaction, for services which are not a. Serious insult by the employer or his
performed or not to be performed, including representative on the honor and person of
the demand for fee for union negotiations; the employee;

e. To ask for or accept negotiation or attorney’s b. Inhuman and unbearable treatment

fees from employers as part of the accorded the employee by the employer or
settlement of any issue in collective his representative;
bargaining or any other dispute; or c. Commission of a crime or offense by the
f. To violate a collective bargaining agreement. employer or his representative against the
person of the employee or any of the
Termination by Employer (Just Cause) immediate members of his family; and
a. Serious misconduct or willful disobedience d. Other causes analogous to any of the
by the employee of the lawful orders of his foregoing.
employer or representative in connection
with his work; Jurisdiction of the Labor Arbiters and the
Commission- NLRC (Article 224)
b. Gross and habitual neglect by the employee
of his duties; a. Except as otherwise provided under this
Code, the Labor Arbiters shall have original
c. Fraud or willful breach by the employee of and exclusive jurisdiction to hear and decide,
the trust reposed in him by his employer or within thirty (30) calendar days after the
duly authorized representative; submission of the case by the parties for
d. Commission of a crime or offense by the decision without extension:
employee against the person of his employer 1. Unfair labor practice cases
 2. Termination dispute entertained only on any of the following
grounds:
3. If accompanied with a claim for
reinstatement, those cases that workers a. If there is prima facie evidence of abuse of
may file involving wages, rates of pay, discretion on the part of the Labor Arbiter;
hours of work and other terms and
b. If the decision, order or award was secured
conditions of employment;
through fraud or coercion, including graft
4. Claims for actual, moral, exemplary and and corruption;
other forms of damages arising from the
c. If made purely on questions of law; and
employer-employee relations;
d. If serious errors in the findings of facts are
5. Cases arising from any violation of
raised which would cause grave or
Article 264 of this Code,185 including
irreparable damage or injury to the
questions involving the legality of strikes
appellant.
and lockouts; and

6. Except claims for Employees

Compensation, Social Security,
Medicare186 and maternity benefits, all
other claims arising from employer-
employee relations, including those of
persons in domestic or household
service, involving an amount exceeding
five thousand pesos (P5,000.00)
regardless of whether accompanied with
a claim for reinstatement

b. The Commission shall have exclusive

appellate jurisdiction over all cases decided
by Labor Arbiters.

c. Cases arising from the interpretation or

implementation of collective bargaining
agreements and those arising from the
interpretation or enforcement of company
personnel policies shall be disposed of by the
Labor Arbiter by referring the same to the
grievance machinery and voluntary
arbitration as may be provided in said
agreements.

Appeal (Article 229)

Decisions, awards, or orders of the Labor Arbiter

are final and executory unless appealed to the
Commission by any or both parties within ten
(10) calendar days from receipt of such
decisions, awards, or orders. Such appeal may be