Labor Code of the Philippines Overview

The main purpose is to afford protection to labor, promote full employment, and ensure equal work opportunities.

Doubts should be resolved in favor of labor.

It allows time for the implementation of the Code and for workers and employers to adjust their practices.

<p>Rights and benefits apply to all workers, whether agricultural or non-agricultural.</p> Signup and view all the answers

<p>It states that the Department of Labor and other agencies shall promulgate necessary implementing rules effective fifteen days after announcement.</p> Signup and view all the answers

<p>It recognizes the need to reform land ownership to resolve grievances and reduce social tension.</p> Signup and view all the answers

<p>It emphasizes the transfer of lands to tenant-workers to emancipate them from bondage.</p> Signup and view all the answers

<p>Workers are assured rights to self-organization, collective bargaining, security of tenure, and humane working conditions.</p> Signup and view all the answers

<p>To provide assistance on all employment-related matters.</p> Signup and view all the answers

<p>That the contracts comply with the Labor Code and regulations of the Overseas Employment Development Board.</p> Signup and view all the answers

<p>They must remit a portion to their families or beneficiaries in the Philippines.</p> Signup and view all the answers

<p>The Secretary of Labor and Employment.</p> Signup and view all the answers

<p>P2,000.00 per month.</p> Signup and view all the answers

<p>Leads the Secretariat, managing administrative tasks and manpower activities.</p> Signup and view all the answers

<p>Engaging in the recruitment and placement of workers for overseas employment.</p> Signup and view all the answers

<p>At least seventy-five percent (75%) must be owned by Filipino citizens.</p> Signup and view all the answers

<p>They must have substantial capitalization as determined by the Secretary of Labor.</p> Signup and view all the answers

<p>Cash and surety bonds as determined by the Secretary of Labor.</p> Signup and view all the answers

<p>The Secretary of Labor.</p> Signup and view all the answers

<p>They shall issue appropriate rules and regulations.</p> Signup and view all the answers

<p>Fees related to recruitment and placement services.</p> Signup and view all the answers

<p>By gathering and analyzing information on employment trends.</p> Signup and view all the answers

<p>To appoint a representative to audit their accounts.</p> Signup and view all the answers

<p>Life imprisonment and a fine of P100,000.</p> Signup and view all the answers

<p>Not less than two years.</p> Signup and view all the answers

<p>They face punishment and potential deportation.</p> Signup and view all the answers

<p>Thirty days.</p> Signup and view all the answers

<p>'Manpower' refers to the population with capability to produce goods and services.</p> Signup and view all the answers

<p>The responsible officer or officers of the corporation.</p> Signup and view all the answers

<p>Determination of non-availability of a qualified local worker.</p> Signup and view all the answers

<p>It formulates plans for manpower allocation and development.</p> Signup and view all the answers

<p>Imprisonment of four to eight years or a fine of P20,000 to P100,000.</p> Signup and view all the answers

<p>P50,000.</p> Signup and view all the answers

<p>The government agency supervising the registered enterprise.</p> Signup and view all the answers

<p>The national development plan.</p> Signup and view all the answers

<p>They face punishment as specified in the Labor Code and may be deported.</p> Signup and view all the answers

<p>Automatic revocation of licenses and permits.</p> Signup and view all the answers

<p>To promote the overseas employment of Filipino workers through a comprehensive market promotion and development program.</p> Signup and view all the answers

<p>A registration and/or work permit system.</p> Signup and view all the answers

<p>They must have exclusive jurisdiction over all matters involving employer-employee relations, including money claims for Filipino workers overseas, except seamen.</p> Signup and view all the answers

<p>The Minister of Labor.</p> Signup and view all the answers

<p>To maintain close ties with Filipino migrant communities and promote their welfare.</p> Signup and view all the answers

<p>Employers must hire through boards and entities authorized by the Secretary of Labor, with certain diplomatic exemptions.</p> Signup and view all the answers

<p>To provide free placement services for seamen.</p> Signup and view all the answers

<p>Welfare and cultural services for immigrants.</p> Signup and view all the answers

<p>A labor market information system.</p> Signup and view all the answers

<p>A registration and/or licensing system.</p> Signup and view all the answers

<p>To benefit and support disadvantaged groups and communities.</p> Signup and view all the answers

<p>It may exercise the powers of the regional offices whenever deemed appropriate by the Minister of Labor.</p> Signup and view all the answers

<p>It handles appeals from decisions made by the Bureau of Employment Services and the National Seamen Board.</p> Signup and view all the answers

<p>Government-to-government arrangements.</p> Signup and view all the answers

<p>Direct-hiring refers to employers hiring workers without going through authorized entities; members of the diplomatic corps and international organizations are exempt.</p> Signup and view all the answers

<p>The same grounds provided in Article 223.</p> Signup and view all the answers

<p>Three hectares.</p> Signup and view all the answers

<p>Fifteen years.</p> Signup and view all the answers

<p>Shares of stock in government-owned corporations.</p> Signup and view all the answers

<p>By becoming a full-fledged member of a recognized farmers' cooperative.</p> Signup and view all the answers

<p>Seven hectares.</p> Signup and view all the answers

<p>Any member of the labor force, whether employed or unemployed.</p> Signup and view all the answers

<p>They can organize and establish new employment offices as needed.</p> Signup and view all the answers

<p>Developing and monitoring a comprehensive employment program.</p> Signup and view all the answers

<p>Two and one-half times the average harvest of three normal crop years.</p> Signup and view all the answers

<p>An entity engaged in recruitment and placement of workers for a fee.</p> Signup and view all the answers

<p>Employment of a worker outside the Philippines.</p> Signup and view all the answers

<p>They have the right of recourse against the defaulting tenant-farmer.</p> Signup and view all the answers

<p>Develop a program for occupational, industrial, and geographical mobility.</p> Signup and view all the answers

<p>Any person moving to a foreign country with an immigrant visa or permit.</p> Signup and view all the answers

<p>To promote the development of skills through regional and local training centers.</p> Signup and view all the answers

<p>By consulting with employers’ and workers’ organizations and appropriate government authorities.</p> Signup and view all the answers

<p>It provides training in various fields and assists employers in developing training schemes.</p> Signup and view all the answers

<p>International and foreign organizations, as well as local persons and organizations.</p> Signup and view all the answers

<p>To assist in establishing manpower development schemes and skills standards.</p> Signup and view all the answers

<p>To assist in measuring unemployment and maintaining a national register of trained technicians.</p> Signup and view all the answers

<p>A deduction from taxable income for labor training expenses incurred for approved development programs.</p> Signup and view all the answers

<p>The Council Secretariat is headed by a Director-General who serves a term of ten years.</p> Signup and view all the answers

<p>They must be natural-born citizens with a master’s degree and experience in national planning and human resources development.</p> Signup and view all the answers

<p>To administer and regulate these programs for manpower and youth development efforts.</p> Signup and view all the answers

<p>Instructor training, entrepreneurship development, and training in various vocational fields.</p> Signup and view all the answers

<p>To ensure all training schemes are coordinated and meet national development goals.</p> Signup and view all the answers

<p>To aid in the placement of graduates from the Council's training programs.</p> Signup and view all the answers

<p>The Office of Manpower Planning and Development, Office of Vocational Preparation, and National Manpower Skills Center.</p> Signup and view all the answers

<p>The person can only be charged a fee after they have obtained employment through the agency's efforts or have actually commenced employment.</p> Signup and view all the answers

<p>An appropriate receipt clearly showing the amount paid must be provided.</p> Signup and view all the answers

<p>The Secretary of Labor may direct entities to submit reports on employment status when the public interest requires.</p> Signup and view all the answers

<p>Charging or accepting fees greater than those specified in the allowable fees schedule is unlawful.</p> Signup and view all the answers

<p>Illegal recruitment includes activities carried out by non-licensees or non-holders of authority as outlined in the document.</p> Signup and view all the answers

<p>Illegal recruitment by a syndicate is treated as an economic sabotage offense and incurs significant penalties.</p> Signup and view all the answers

<p>The Secretary has the power to inspect premises, books of accounts, and records of any agency covered by the Title.</p> Signup and view all the answers

<p>They may face arrest and detention if their activities pose a danger to national security and public order.</p> Signup and view all the answers

<p>Any alteration of verified employment contracts requires approval from the Secretary of Labor.</p> Signup and view all the answers

<p>The Secretary can restrict and regulate recruitment and placement activities through issued orders and regulations.</p> Signup and view all the answers

<p>It is unlawful to influence or attempt to influence any entity not to employ workers who did not apply through the agency.</p> Signup and view all the answers

<p>Article 39 outlines that penalties will be imposed for violations of recruitment laws and regulations.</p> Signup and view all the answers

<p>A job seeker can file a complaint with the Department of Labor and Employment regarding violations.</p> Signup and view all the answers

<p>The Secretary of Labor can require regular submission of reports on job vacancies and employment data.</p> Signup and view all the answers

<p>An individual must possess a valid license or authority to recruit employees for overseas employment.</p> Signup and view all the answers

<p>To prepare and recommend the manpower plan for approval by the Council.</p> Signup and view all the answers

<p>An annual report on plans, programs, and projects.</p> Signup and view all the answers

<p>Practical training on the job supplemented by related theoretical instruction.</p> Signup and view all the answers

<p>At least fourteen (14) years of age.</p> Signup and view all the answers

<p>The Secretary of Labor and Employment.</p> Signup and view all the answers

<p>The rules issued by the Secretary of Labor and Employment.</p> Signup and view all the answers

<p>Six months.</p> Signup and view all the answers

<p>Wage rates must not start below 75 percent of the applicable minimum wage.</p> Signup and view all the answers

<p>To determine the manpower needs of the industry and agriculture within their jurisdictions.</p> Signup and view all the answers

<p>It enters into agreements to implement approved plans and programs.</p> Signup and view all the answers

<p>To ensure apprentices possess the necessary skills for various occupations.</p> Signup and view all the answers

<p>To provide research work and publication services as needed.</p> Signup and view all the answers

<p>By determining specific allocation of resources for projects.</p> Signup and view all the answers

<p>It defines broad functions and ensures compliance with the provisions of the Code.</p> Signup and view all the answers

<p>Making deductions from employee wages for the benefit of the employer is prohibited.</p> Signup and view all the answers

<p>Refusing to pay, reducing wages, or discharging an employee who files a complaint or testifies is unlawful.</p> Signup and view all the answers

<p>Making false statements or reports related to labor laws is a violation.</p> Signup and view all the answers

<p>The National Wages and Productivity Commission is created for this purpose.</p> Signup and view all the answers

<p>Formulating policies on wages and prescribes rules for minimum wage determination are two functions.</p> Signup and view all the answers

<p>The Commission reviews regional wage levels to ensure compliance with national guidelines.</p> Signup and view all the answers

<p>Data on wages, productivity, employment, and cost-of-living is collected and disseminated.</p> Signup and view all the answers

<p>It is necessary for understanding wage dynamics and formulating effective policies.</p> Signup and view all the answers

<p>The three types are: apprenticeship in the sponsoring firm, apprenticeship in a Department of Labor training center, and a combination of initial training in a center followed by work participation.</p> Signup and view all the answers

<p>The appropriate agency of the Department of Labor and Employment or its authorized representative can investigate violations.</p> Signup and view all the answers

<p>An appeal can be made within five days from receipt of the decision.</p> Signup and view all the answers

<p>They must exhaust all available administrative remedies.</p> Signup and view all the answers

<p>Employers or entities with recognized apprenticeship programs have primary responsibility for providing aptitude tests.</p> Signup and view all the answers

<p>Employers may be responsible for supplementary theoretical instruction.</p> Signup and view all the answers

<p>Compulsory training may be required when national security or critical manpower shortages demand it.</p> Signup and view all the answers

<p>Organizers can deduct one-half of the value of labor training expenses from their taxable income, up to a maximum of 10% of direct labor wage.</p> Signup and view all the answers

<p>Apprentices may be hired without compensation if it is a requirement for their curriculum or graduation.</p> Signup and view all the answers

<p>'Learners' are trainees in semi-skilled occupations who can learn the job in a relatively short time, not exceeding three months.</p> Signup and view all the answers

<p>Employers can hire learners when no experienced workers are available, and their employment does not create unfair competition or lower working standards.</p> Signup and view all the answers

<p>It must include the names of learners, duration of the learnership, wage rates starting at 75% of minimum wage, and a commitment to potential regular employment.</p> Signup and view all the answers

<p>Employing learners in a way that creates unfair competition or lowers working standards is not allowed and may lead to regulatory actions.</p> Signup and view all the answers

<p>The Secretary of Labor's decision is final and executory regarding appeals from violations of apprenticeship agreements.</p> Signup and view all the answers

<p>The learnership period should not exceed three months.</p> Signup and view all the answers

<p>They shall be deemed regular employees.</p> Signup and view all the answers

<p>Names, addresses, wage rate, duration, and work to be performed.</p> Signup and view all the answers

<p>At least seventy-five percent of the applicable legal minimum wage.</p> Signup and view all the answers

<p>Not exceeding eight hours a day.</p> Signup and view all the answers

<p>Not less than sixty minutes for their regular meals.</p> Signup and view all the answers

<p>Not less than ten percent of their regular wage for work done between ten PM and six AM.</p> Signup and view all the answers

<p>Pay the employee additional compensation of at least twenty-five percent of their regular wage.</p> Signup and view all the answers

<p>They must be compensated at a rate of at least thirty percent more.</p> Signup and view all the answers

<p>Short duration rest periods shall be counted as hours worked.</p> Signup and view all the answers

<p>If their handicap does not effectively impede job performance.</p> Signup and view all the answers

<p>They shall be paid in full for the work done.</p> Signup and view all the answers

<p>Employees must be compensated according to the regulations outlined in the Code.</p> Signup and view all the answers

<p>It shall not be offset by overtime work on any other day.</p> Signup and view all the answers

<p>Government employees, managerial employees, domestic helpers, and workers paid by results.</p> Signup and view all the answers

<p>An 'Employee' includes any individual employed by an employer.</p> Signup and view all the answers

<p>Article 98 states that the provisions do not apply to farm tenancy or leasehold, domestic service, and certain home-based workers.</p> Signup and view all the answers

<p>They prescribe the minimum wage rates for agricultural and non-agricultural employees in each region.</p> Signup and view all the answers

<p>Article 100 prohibits the elimination or diminution of existing employee benefits.</p> Signup and view all the answers

<p>Employers cannot pay wages with promissory notes, vouchers, or any object other than legal tender.</p> Signup and view all the answers

<p>Wages must be paid at least once every two weeks or twice a month at intervals not exceeding sixteen days.</p> Signup and view all the answers

<p>Payments must be made at intervals not exceeding sixteen days, in proportion to the work completed.</p> Signup and view all the answers

<p>Article 104 mandates that wages be paid at or near the place of work.</p> Signup and view all the answers

<p>Wages may be paid to heirs without intestate proceedings if they execute an affidavit affirming their relationship.</p> Signup and view all the answers

<p>The term 'Wage' encompasses remuneration paid to employees, including the value of board and lodging provided by the employer.</p> Signup and view all the answers

<p>Payments by results must ensure fair and reasonable wage rates and may use time and motion studies for regulation.</p> Signup and view all the answers

<p>The definition excludes any profit to the employer or their affiliates, focusing solely on employee compensation.</p> Signup and view all the answers

<p>The manufacturing or processing of specific agricultural products like sugar and tobacco is excluded from the term 'Agriculture'.</p> Signup and view all the answers

<p>Employers cannot use tokens, tickets, chits, or any item other than legal tender for wage payment.</p> Signup and view all the answers

<p>An employee may be required to work overtime during a national emergency, to prevent loss of life or property, to avoid damage to equipment or perishable goods, or to complete ongoing work that prevents business obstruction.</p> Signup and view all the answers

<p>The employer must provide a minimum of twenty-four (24) consecutive hours of rest.</p> Signup and view all the answers

<p>Employers can require work on rest days in emergencies, for urgent tasks, or to prevent significant loss.</p> Signup and view all the answers

<p>An employee must be paid at least thirty percent (30%) of their regular wage for work on a rest day.</p> Signup and view all the answers

<p>Regular holidays include New Year’s Day, Maundy Thursday, Good Friday, and several others specified by law.</p> Signup and view all the answers

<p>Employees who have completed at least one year of service are entitled to five days of paid service incentive leave each year.</p> Signup and view all the answers

<p>Eighty-five percent (85%) of service charges collected are distributed among the employees equally.</p> Signup and view all the answers

<p>An employee is entitled to additional compensation of at least thirty percent (30%) of their regular wage for working on a special holiday.</p> Signup and view all the answers

<p>They should receive an additional compensation of at least fifty percent (50%) of their regular wage.</p> Signup and view all the answers

<p>Every worker is entitled to receive their regular daily wage during regular holidays.</p> Signup and view all the answers

<p>Employees working on a Sunday, if it is their established rest day, must receive an additional thirty percent (30%) of their regular wage.</p> Signup and view all the answers

<p>They can stipulate a higher premium pay than what is provided by law for overtime and special work days.</p> Signup and view all the answers

<p>The Secretary can define circumstances under which work on rest days is permitted and ensures compliance with labor laws.</p> Signup and view all the answers

<p>Establishments regularly employing less than ten employees can be exempt due to their size and financial viability.</p> Signup and view all the answers

<p>The payment of wages absolves the employer of any further liability regarding the amount paid.</p> Signup and view all the answers

<p>The employer is jointly and severally liable with the contractor or subcontractor to the employees for wages due.</p> Signup and view all the answers

<p>Labor-only contracting occurs when a person supplying workers has no substantial capital or investment and the workers perform activities directly related to the employer's principal business.</p> Signup and view all the answers

<p>The bond ensures that wages due to employees will be covered in case the contractor fails to pay.</p> Signup and view all the answers

<p>Workers have first preference for their wages and monetary claims before other creditors are paid.</p> Signup and view all the answers

<p>It allows attorney’s fees up to ten percent of the recovered wages and prohibits fees exceeding that amount.</p> Signup and view all the answers

<p>Employers cannot limit or interfere with the freedom of employees to dispose of their wages.</p> Signup and view all the answers

<p>Deductions are allowed for insurance premiums with consent, union dues authorized in writing, or as permitted by law.</p> Signup and view all the answers

<p>It is unlawful to withhold wages from workers without their consent through force, intimidation, or other means.</p> Signup and view all the answers

<p>The employee must be heard, and their responsibility for the loss or damage must be clearly shown.</p> Signup and view all the answers

<p>Labor-only contracting involves a supplier without substantial capital, primarily supplying labor for activities tied to the employer's business.</p> Signup and view all the answers

<p>It holds employers or indirect employers responsible for any violations along with their contractor or subcontractor.</p> Signup and view all the answers

<p>Any person, partnership, association, or corporation that contracts with an independent contractor is considered an indirect employer.</p> Signup and view all the answers

<p>Deposits can only be required in recognized trades where such practices are standard or deemed necessary by the Secretary of Labor.</p> Signup and view all the answers