The Labor Code and The Dynamics

Between Employees and Employers

ATTY. J. OSWALD B. LORENZO

Former Labor Arbiter, NCR-NLRC; Professor of Law and Pre-Bar Reviewer;
President, The Center for Law Advocacy and Specialized Studies (CLASS);
former Assistant Secretary, DENR and POEA Director for Licensing and Past
President, National Association of Labor Arbiters (NALA), Inc.
SOCIAL SECURITY SYSTEM

(RA1161 as amended by RA 8282)

2
COVERAGE:
 Compulsory:
 Compulsory upon all employees not over
60 years of age and their employers
 In case of domestic helpers, their monthly
income should not be less than one
thousand pesos
 Compulsory upon such self- employed
persons as may be determined by the
Commission including but not limited to
the following (Sec 9-A): (APAPI)
3
  All self employed professionals
 Partners and single proprietors

 Actors and actresses directors, scriptwriters and

news correspondents who do not fall within the
definition of the term employee in Section 8 (d)
of this Act
 Professional athletes, coaches, trainers, and
jockeys
 Individual farmers and fishermen

 Limitation: Sec. 9 (a)

 Any benefit already earned by the employees
under private benefit plans existing at the time
of the approval of the Act shall not be
discontinued, reduced or otherwise impaired
4
 Private plans which are existing and in force at
the time of compulsory coverage shall be
integrated with the plan of the SSS in such a
way where the employer’s contribution to his
private plan is more than that required of him in
this Act, he shall pay to the SSS only the
contribution required of him and he shall
continue his contribution to such private plan
less his contribution to the SSS so that the
employer’s total contribution to his benefit plan
and to the SSS shall be the same as his
contribution to his private benefit plan before
any compulsory coverage.
5
 Any changes, adjustments, modifications,
eliminations or improvements in the benefits to be
available under the remaining private plan, which
may be necessary to adopt by reason of the
reduced contribution thereto as a result of the
integration shall be subject to agreements between
the employers and the employees concerned

 The private benefit plan which the employer shall

continue for his employees shall remain under the
employer’s management and control unless there
is an existing agreement to the contrary.

6
 Nothing in this Act shall be construed as
a limitation on the right of employers and
employees to agree on and adopt benefits
which are over and above those provided
under this act

7
 Voluntary:
 Spouses who devote full time to managing the
household and family affairs, unless they are also
engaged in other vocation or employment which is
subject to mandatory coverage, may be covered by
the SSS on a voluntary basis.
 Filipinos recruited by foreign based employers for
employment abroad may be covered by the SSS
on a voluntary basis
 Employees separated from employment may
continue to pay contributions to maintain his right
to full benefits (Sec. 11)
 Self-employed with no income (11-A)

8
 BY AGREEMENT:
Any foreign government, international
organization, or their wholly-owned
instrumentality employing workers in the
Philippines, may enter into an agreement with
the Philippine government for the inclusion of
such employees in the SSS except those
already covered by their respective civil
service retirement systems (Sec.8 (j (4).

9
 EXCLUDED EMPLOYMENT (SEC. 8 (J)):

 Employment purely casual and not for the purpose

of occupation or business of the employer
 Service performed on or in connection with an
alien vessel by an employee if he is employed
when such vessel is outside the Philippines.
 Service performed in the employ of the Philippine
government or instrumentality or agency thereof.
 Service performed in the employ of a foreign
government, international organization, or their
wholly owned instrumentality;
 Services performed by temporary employees,
which may be excluded by regulation of the
commission.
10
 EFFECTIVE DATE OF COVERAGE:

 Employer: It shall take effect on the first

day of his operation

 Employee: On the day of his employment

 Self-employed: It shall take effect upon his

registration with SSS

11
Definition of Terms
 EMPLOYER
Any person natural or juridical, domestic or
foreign, who carries on in the Philippines, any trade
business, industry undertaking or activity of any kind
and uses the services of another person who is under
his orders as regards the employment except the
Government and any of its political subdivisions,
branches or instrumentalities, including corporations
owned or controlled by the Government
 Self- employed person shall be both the employer
and employee at the same time
12
 EMPLOYEE
Any person who performs services for an
employer in which either or both mental and
physical efforts are used and who receives
compensation for such services, where there is
an employer- employee relationship.

 Self- employed person shall be both the

employer and employee at the same time

13
 DEPENDENTS:
The legal spouse entitled by law to receive
support from the member
The legitimate, legitimated or legally
adopted and illegitimate child who is
unmarried, not gainfully employed and has not
reached 21 years of age or if 21 years of age,
he is congenitally incapacitated or while still a
minor has been permanently incapacitated and
incapable of self- support, physically and
mentally and
The parent who is receiving regular support
from the member

14
 BENEFICIARIES
 The dependent spouse until he or she

remarries, the dependent legitimate,

legitimated or legally adopted and
illegitimate children who shall be the
primary beneficiaries of the member
 PROVIDED that the dependent illegitimate

children shall be entitled to 50% of the

share of the legitimate, legitimated or
legally adopted children.

15
 PROVIDED FURTHER in the absence of
the legitimated, legally adopted or legitimate
children, illegitimate children shall be
entitled to 100% of the benefits.
 IN THEIR ABSENCE, the dependent

parents who shall be the secondary

beneficiaries.
 IN THE ABSENCE OF ALL of the
foregoing, any person designated by the
covered employee as secondary beneficiary.

16
 Benefits:
 Monthly pension

 Dependents pension

 It shall be paid for each dependent child

conceived on or before the date of the

contingency but not exceeding five,
beginning with the youngest without
substitution PROVIDED that where there
are legitimate and illegitimate children,
the former shall be preferred.

17
 Retirement benefits
A member who has paid at least 120
monthly contributions prior to the
semester of retirement and who:
 has reached the age of 60 years and is
already separated from employment
or has ceased to be self-employed
 has reached the age of 65 years, shall
be entitled for as

18
 A covered member who is 60 years old not
qualified under No. 1 shall still be entitled to
retirement benefits PROVIDED, he is separated
from employment and is not continuing
payment of contributions to the SSS on his
own.

SUSPENSION OF MONTHLY PENSION:

Upon the re-employment or resumption of self-
employment of a retired employee who is less
than 65 years old.

19
 Death Benefits
 Permanent disability benefits
 Funeral Benefit
A funeral grant equivalent to Twelve
thousand pesos (P12, 000.00) shall be paid,
in cash or in kind, to help defray the cost of
funeral expenses upon the death of a
member, including permanently totally
disabled member or retiree.

20
 Sickness benefit:
Requirements:
 A member must have paid at least 3
monthly contributions in the twelve
month period immediately preceding
the semester of sickness or injury

 and is confined therefore for more than

three days in a hospital or elsewhere
with the approval of the SSS
21
 Maternity Leave Benefit
It shall be paid to a female employee who has
paid at least 3 monthly contributions in the twelve
month period immediately preceding the semester
of her childbirth or miscarriage PROVIDED:
 That the employee shall have notified her
employer of her pregnancy and the probable date
of her childbirth which notice shall be
transmitted to the SSS.
 The full payment shall be advanced by the
employer within 30 days from the filing of the
maternity leave application

22
 Payment of daily maternity benefits shall be a bar
to the recovery of sickness benefits
 The maternity benefits provided under this section
shall be paid only for the first 4 deliveries or
miscarriages
 The SSS shall immediately reimburse the
employer 100% of the benefits advanced by the
latter
 If no contributions were remitted by the employer
or no notice was given to SS, the employer shall
be liable for damages equivalent to the benefits
which said employee member would otherwise
have been entitled to.

23
 Non-transferability of benefits (Sec. 15)
Such benefits are not transferable and
no power of attorney or other document
executed by those entitled thereto, in favor
of any agent, attorney or any other person
for the collection thereof on their behalf
shall be recognized, except when they are
physically unable to collect personally such
benefits.

24
Sources of Fund
 Collection:
 Beginning on the last day of the month when
an employee’s compulsory coverage takes
effect and every month thereafter during his
employment, his employer shall pay the
employer’s contribution and shall deduct
and withhold from such employee’s monthly
salary the employees contribution.
 The same time of collection for self-
employed

25
 Remittance:
 It shall be remitted within the first 10 days
of each calendar month following the
month for which they are applicable or
within such time as the Commission may
prescribe.

 For self-employed they shall remit their

contributions quarterly on such dates and
schedules as the Commission may require.
26
 GOVERNMENT SERVICE
INSURANCE SYSTEM (GSIS)
RA 8291

27
 COMPULSORY MEMBERSHIP (Sec. 3)
Compulsory for all employees (as
defined in Section 2 (d) of GSIS Law)
receiving compensation who have not
reached the compulsory retirement age,
irrespective of employment status, EXCEPT
MEMBERS OF THE ARMED FORCES
AND THE PNP, subject to the condition
that they must settle first their financial
obligations with the GSIS and contractuals
who have no employer and employee
relationship with the agencies they serve.
28
 EXCEPT FOR THE MEMBERS OF THE
JUDICIARY AND CONSTITUTIONAL
COMMISSIONS WHO SHALL HAVE
LIFE INSURANCE ONLY, all members of
the GSIS shall have life insurance,
retirement and all other social security
protection such as disability, survivorship,
separation and unemployment benefits.

29
 COMPUTATION OF SERVICE
The computation of service for the purpose of
determining the amount of benefits payable shall be
from the date of the original appointment/
election including periods of service at different
times under the authority of the Republic of the
Philippines and those that may be prescribed by
the GSIS in coordination with the Civil Service
Commission.
All service credited for retirement, resignation or
separation for which corresponding benefits have
been awarded shall be EXCLUDED in the
computation of service in case of reinstatement in
the service of an employer and subsequent
retirement or separation which is compensable.
30
Definition of Terms:
 Employer:
The national government, its political
subdivisions, branches, agencies or
instrumentalities including GOCC’s and
financial institutions with original charters, the
constitutional commissions and the judiciary
 Employee or Member:
Any person receiving compensation while
in the service of an employer as defined herein,
whether by election or appointment,
irrespective of status appointment,
31
 Dependents:
 The legitimate spouse dependent for support upon

the member or pensioner

 The legitimate, legitimated legally adopted child,
including the illegitimate child who is:
 unmarried,

 not gainfully employed,

 not over the age of majority,

 or is over the age of majority but incapacitated

and incapable of self-support due to a mental or
physical defect acquired prior to age of majority
 Parents dependent upon the member for support

32
 Primary Beneficiary:
The legal dependent spouse until he/she remarries

 Secondary Beneficiary:
The dependent parents and subject to the restrictions
on dependent children, the legitimate descendants

 Disability:
Any loss or impairment of the normal functions of the
physical and/or mental faculty of a member which
reduces or eliminates his/her capacity to continue
with his/her current gainful occupation or engage in
any other gainful occupation.
33
 Total Disability:
Complete incapacity to continue with his
present employment or engage in any gainful
occupation due to the loss or impairment of the
normal functions of the physical and/or mental
faculties of the member

 Permanent Total Disability:

Accrues or arises when recovery from
impairment mentioned in Section 2 (Q)
(defining disability) is medically remote
34
 Temporary Total Disability:
Accrues or arises when impaired physical
and/or mental faculties can be rehabilitated
and/or restored to their normal functions

 Permanent Partial Disability:

Accrues or arises upon the irrevocable loss
or impairment of certain portion/s of the
physical faculties, despite which the member is
able to pursue a gainful occupation.

35
Sources of Fund
 Contributions:
 It shall be mandatory for the member and the

employer to pay the monthly contributions.

 The employer shall include in its annual
appropriation the necessary amounts for its share
of the contributions indicated above PLUS any
additional premiums that may be required on
account of the hazards or risks of its employees
occupation.
 Failure to do so shall subject the employers to
penal or administrative sanctions.
36
 Collection and Remittance:
 Collection: The employer shall report to the
GSIS all pertinent information regarding the
employee and shall deduct each month from
the salary or compensation of each
employee the contribution payable by him.

 Remittance: The employer shall remit

directly to the GSIS the employees and
employers contributions within the first ten
(10) days of the calendar month following
the month to which the contributions apply.
37
 Benefits:
 SEPARATION BENEFITS (SEC. 11):

Separation benefits are given to the:

 The member resigns or separates from the
service after he has rendered at least three
(3) years of service but less than fifteen
(15) years or
 The member resigns or separates from
office after he has rendered at least fifteen
(15) years of service and is below sixty
(60) years of age at the time of resignation
or separation.
38
Separation benefits likewise include:
 UNEMPLOYMENT OR INVOLUNTARY

SEPARATION BENEFITS (Sec. 12): shall

be paid to a permanent employee who is
involuntarily separated from the service due to
the abolition of his office or position usually
resulting from reorganization PROVIDED that
he has been paying integrated contributions for
at least one (1) year prior to separation.

39
 RETIREMENT BENEFITS:
Conditions for entitlement (Sec. 13-A):
 Member has rendered at least 15 years of service
 He is at least 60 years of age at the time of retirement
 He is not receiving a monthly pension benefit from
permanent total disability

 PERMANENT DISABILITY BENEFITS

General Conditions for Entitlement (Sec. 15):
 The member must have suffered permanent disability
for reasons NOT DUE to:
• Grave misconduct
• Notorious negligence
 Habitual intoxication, or willful intention to kill
himself or another.
40
Specific conditions for entitlement (Sec. 16):
 He shall receive monthly income benefit for life
equal to the basic monthly pension effective from
the date of the disability. PROVIDED:

 He is in the service at the time of the disability

 IF SEPARATED FROM SERVICE, he has

paid at least 36 monthly contributions within the
5 year period immediately preceding the
disability or has paid a total of at least 180
monthly contributions prior to the disability

41
 IF HE WAS IN SERVICE AND HAS
PAID A TOTAL OF AT LEAST 180
MONTHLY CONTRIBUTIONS, in
addition to the monthly income benefit, he
shall receive a cash payment equivalent to 18
times his basic monthly pension

 However, a member cannot enjoy the

monthly income benefit for permanent
disability and the old age retirement
simultaneously.

42
 Unless the member has reached the minimum
retirement age, disability benefits shall be
SUSPENDED when:
1. He is reemployed
2. He recovers from his disability as determined by
the GSIS, whose decision shall be final and
binding
3. He fails to present himself for medical
examination when required by the GSIS
 PERMANENT PARTIAL DISABILITY
(Sec. 17):
 He must satisfy specific conditions 1-3.

43
 TEMPORARY DISABILITY BENEFITS (Sec. 18)
The member shall be entitled to 75% of the current
daily compensation for each day or fraction thereof of
temporary disability benefit not exceeding 120 days in
one calendar year after exhausting all sick leave
credits and collective bargaining agreement sick leave
benefits. PROVIDED:

 He is in service at the time of his disability

 If separated, he has rendered at least 3 years of
service and has paid at least 6 monthly
contributions in the 12- month period
immediately preceding the disability

44
 HOWEVER, a member cannot enjoy temporary
total disability benefit and sick leave pay
simultaneously

IN ADDITION, If the disability requires more

extensive treatment that lasts beyond 120 days, the
payment of the temporary total disability benefit may
be extended by the GSIS but not to exceed a total of
240 days

LASTLY, and in no case shall the benefit be less

than 70 pesos a day.

45
 SURVIVORSHIP BENEFITS:
For purposes of survivorship benefits, legitimate
children shall include legally adopted and legitimated
children.

Death of a Member
Upon the death of a member, the primary beneficiaries
shall be entitled to:

1. SURVIVORSHIP PENSION, PROVIDED:

• Member was in service at the time of his death
• If separated from service, has rendered at least 3
years of service and paid 36 monthly contributions
with the 5- year period immediately preceding his
death or has paid a total of at least 180 monthly
contributions.

46
2. SURVIVORSHIP PENSION PLUS A CASH
PAYMENT EQUIVALENT TO 100% OF HIS
AVERAG`E MONTHLY COMPENSATION
FOR EVRY YEAR OF SERVICE
PROVIDED: The deceased was in the
service at the time of his death with at least three
years of service

3. SURVIVORSHIP PENSION PLUS A CASH

PAYMENT EQUIVALENT TO 100% OF HIS
AVERAGE MONTHLY COMPENSATION FOR
EVERY YEAR OF SERVICE HE PAID
CONTRIBUTIONS BUT NOT LESS THAN
P12,000
PROVIDED That the deceased has
rendered at least 3 years of service prior to his
death but does not qualify under 1 and 2.

47
ORDER OF PAYMENT OF THE SURVIVORSHIP PENSION

 When the dependent spouse is the only survivor, he/shall

receive the basic survivorship pension for life or until he/she
remarries.

 When only dependent children are the survivors, they shall

be entitled to the basic survivorship pension for as long as
they are qualified, plus the dependent children’s pension.

 When the survivors are the dependent spouse and the

dependent children, the dependent spouse shall receive the
basic survivorship pension for life or until he/she remarries,
and the dependent children shall receive the dependents
pension.

48
IN THE ABSENCE OF PRIMARY
BENEFICIARIES, THE SECONDARY
BENEFICIARIES SHALL BE ENTITLED TO:

 Cash payment equivalent to 100% of his average

monthly compensation for each year of service he
paid contributions, but not less than P12,000
PROVIDED that the member is in service at the
time of his death and has at least 3 years of service.

 In the absence of secondary beneficiaries , the

benefits under this paragraph shall be paid to the
legal heirs

49
 FUNERAL BENEFITS:
It shall not be less than twelve thousand
pesos (P12,000.00) PROVIDED that it shall
be increased to at least eighteen thousand
pesos (P18,000.00) after five years and shall
be paid upon death.

 LIFE INSURANCE BENEFITS:

All employees except members of the AFP
and the PNP shall be compulsorily covered
with life insurance.

50
 Adjudication of Claims and Disputes

 PRESCRIPTION OF CLAIMS
Claims for benefits under the Act except for life and
retirement shall prescribe AFTER 4 YEARS FROM THE
DATE OF THE CONTINGENCY.

 JURISDICTION
GSIS shall have the exclusive and original jurisdiction
to settle any dispute arising under the Act and any other
laws administered by the GSIS.
Appealable under Rule 43 and 45 Of the 1997 Rules of
Civil Procedure. The appeal shall not stay the execution of
the order or award unless ordered by the Boards, CA, or SC
and the appeal shall be without prejudice to the special civil
action of certiorari when proper.
51
13TH MONTH PAY LAW
(P.D. 851)

52
SEC. 2. DEFINITION OF CERTAIN TERMS

"THIRTEENTH-MOTH PAY" - shall mean one

twelfth (1/12) of the basic salary of an employee
within a calendar year;

"BASIC SALARY" - include all remunerations or

earnings paid by an employer to an employee for
services rendered but may not include:
 Cost-of-living allowances
 Profit-sharing payments, and
 All allowances and monetary benefits which are
not considered or integrated as part of the regular
or basic salary of the employee at the time of the
promulgation of the Decree on December 16,
1975.
53
 WHAT CAN BE CONSIDERED AS
13TH MONTH PAY:

 Christmas bonus
 Midyear bonuses

 Cash bonuses

54
SEC. 3. EMPLOYERS COVERED
- The Decree shall apply to all employers except to:
a. Distressed employers, - such as:
 those which are currently incurring substantial
losses; or
 in the case of non-profit institutions and
organizations, where their income, whether from
donations, contributions, grants and other earnings
from any source, has consistently declined by more
than forty (40%) percent of their normal income for
the last two (2) years, subject to the provision of
Section 7 of this issuance;
b. The Government and any of its political subdivisions,
including GOCCs except those corporations operating
essentially as private subsidiaries of the Government
55
c. Employers already paying their employees 13-
month pay or more in a calendar year of its
equivalent at the time of this issuance;
d. Employers of household helpers and persons in
the personal service of another in relation to such
workers; and
e. Employers of those who are paid on purely
commission, boundary, or task basis, and those
who are paid a fixed amount for performing a
specific work, irrespective of the time consumed
in the performance thereof, except where the
workers are paid on piece-rate basis in which
case the employer shall be covered by this
issuance insofar as such workers are concerned.

56
 WORKERS PAID ON PIECE-RATE BASIS
refer to those who are paid a standard amount for
every piece or unit of work produced that is more or
less regularly replicated, without regard to the time
spent in producing the same.

"ITS EQUIVALENT" (as used in paragraph c)

hereof) shall include:
 Christmas bonus

 mid-year bonus

 profit-sharing payments and

57
 other cash bonuses amounting to not less
than 1/12th of the basic salary but shall
not include cash and stock dividends, cost
of living allowances and all other
allowances regularly enjoyed by the
employee, as well as non-monetary
benefits.

 Where an employer pays less than

1/12th of the employees basic salary, the
employer shall pay the difference.

58
SEC. 4. EMPLOYEES COVERED
Except as provided in Section 3 of this issuance,
all employees of covered employers shall be entitled
to benefit provided under the Decree who are
receiving not more than P1,000 a month, regardless of
their position, designation or employment status, and
irrespective of the method by which their wages are
paid, provided that they have worked for at least one
month during the calendar year.

 WHO ARE EXCLUDED FROM COVERAGE:

 government employees

 household helpers
 employees paid purely on commission basis

 employees already receiving 13th month pay

59
SEC. 5. OPTION OF COVERED EMPLOYERS
A covered employer may pay one-half of the 13th-month
pay required by the Decree before the opening of the regular
school year and the other half on or before the 24th day of
December of every year.
In any establishment where a union has been recognized
or certified as the collective bargaining agent of the employees
therein, the periodicity or frequency of payment of the 13th
month pay may be the subject of agreement.

SEC. 6. SPECIAL FEATURE OF BENEFIT

The benefits granted under this issuance shall not be
credited as part of the regular wage of the employees for
purposes of determining overtime and premium pay, fringe
benefits, as well as premium contributions to the State
Insurance Fund, social security, medicare and private welfare
and retirement plans.

60
SEC. 7. EXEMPTION OF DISTRESSED
EMPLOYERS
Distressed employers shall qualify for exemption from
the requirement of the Decree upon prior authorization by the
Secretary of Labor.

SEC. 8. REPORT OF COMPLIANCE

Every covered employer shall make a report of his
compliance with the Decree to the nearest regional labor
office not later than January 15 of each year.

SEC. 9. ADJUDICATION OF CLAIMS

Non-payment of the thirteenth-month pay provided by the
Decree and these rules shall be treated as money claims cases
and shall be processed in accordance with the Rules
Implementing the Labor Code of the Philippines and the Rules
of the National Labor Relations Commission.

61
SEC. 10. PROHIBITION AGAINST REDUCTION OR
ELIMINATION OF BENEFITS
Nothing herein shall be construed to authorize any
employer to eliminate, or diminish in any way, supplements,
or other employee benefits or favorable practice being enjoyed
by the employee at the time of promulgation of this issuance.

PRIVATE SCHOOL TEACHERS

Private school teachers, including faculty members of
colleges and universities, are entitled to 1/12 of their annual
basic pay regardless of the number of months they teach or are
paid within a year.

OVERTIME PAY
Overtime pay, earnings and other remunerations which
are not part of the basic salary shall not be included in the
computation of the 13-month pay.

62
ART. 133. MATERNITY LEAVE BENEFITS
 MATERNITY LEAVE UNDER THE SSS
LAW
 A female member, who need not be legally

married, who has paid for at least three (3)

monthly contributions in the 12-month period
immediately preceding the semester of her
childbirth or miscarriage shall be paid a daily
maternity benefit equivalent to 100% of her
average daily salary credit for 60 days or 78 days,
in case of caesarian delivery.

63
 Maternity benefits provided herein shall be
paid only for the first four (4) deliveries or
miscarriages;

 Maternity benefits like other benefits

granted by the SSS, are granted in lieu of
wages and therefore, may not be included
in computing the employee’s 13th month
pay for the calendar year.

64
 QUALIFICATIONS FOR ENTITLEMENT:
 The female employee should be employed at the
time of the delivery, miscarriage, or abortion;

 The employee shall have notified her employer of

her pregnancy and the probable date of her
childbirth, which notice shall be transmitted to the
SSS in accordance with the rules and regulations
it may provide;

 That full payment shall be advanced by the

employer within thirty (30) days from the filing of
the maternity leave application; and

 That payment of daily maternity benefits have

been received.
65
Is it necessary that a woman be impregnated by
her legitimate spouse?
No. it is immaterial who the father is.
Every pregnant woman in the private sector,
whether married or unmarried, is entitled to the
maternity leave benefits.

66
OTHER IMPORTANT CONDITIONS:
 That the SSS shall immediately reimburse the
employer of one hundred percent (100%) of the
amount of maternity benefits advanced to the
employee by the employer upon receipt of
satisfactory proof of such payment and legality
thereof; and

 That if an employee member should give birth or

suffer miscarriage without the required
contributions having been remitted for her by her
employer to the SSS, or without the latter having
been previously notified the employer of the time
of the pregnancy, the employer shall pay to the
SSS damages equivalent to the benefits which
said employee would otherwise have been
entitled to.
67
EXTENSION OF MATERNITY
LEAVE [ART 133 (b)]

the maternity leave shall be extended

without pay on account of illness medically
certified to arise out of the pregnancy,
delivery, abortion, or miscarriage, which
renders the woman unfit for work , unless she
has earned unused leave credits from which
such extended leave may be charged.

68
 PATERNITY LEAVE
(RA 8187 , July 5,1996)
Grants paternity leave of 7 days with full pay,
consisting of basic salary, to all married male
employees in the public and private sector.

Available only for the first 4 deliveries of the

legitimate spouse with whom the husband is
cohabiting; the term delivery includes childbirth,
miscarriage or abortion.

In the event that such leave was not availed of,

said leave shall not be convertible to cash.
69
PURPOSE: to enable the husband to lend support to
his wife during the period of recovery and/ or in the
nursing of the newly born child.

CONDITIONS FOR ENTITLEMENT:

 He is an employee at the time of the delivery of
his child;
 He is cohabiting with his spouse at the time she
gives birth or suffers a miscarriage;
 He has applied for paternity leave with his
employer;
 His wife has given birth or suffered a miscarriage;
the term wife refers to the lawful wife which
means the woman who is legally married to the
male employee concerned.
70
APPLICATION OF LEAVE:
Must be made:
 within a reasonable time from the
expected date of delivery by the pregnant
spouse.
 within such period as may be provided
by company rules & regulations or
CBA.
 prior application for leave shall NOT be
required in case of miscarriage.
71
EMPLOYMENT OF MINORS

72
ART. 139. MINIMUM EMPLOYABLE AGE
 GENERAL RULE: No child below 15
shall be employed.

 CONDITIONS ON THE
EMPLOYMENT OF A CHILD BELOW
15:

 When the child works directly under the

sole responsibility of his/her parents or legal
guardian who employs members of his/her
family only under the following conditions:
73
 employment does not endanger the
child’s life, safety, health and morals;

 employment does not impair the

child’s normal development; and

 the parent/legal guardian provides the

child with the primary and/or
secondary education prescribed by
DECS.

74
 Where the child’s employment or participation in
public entertainment or information through
cinema, theater, radio, or television is essential,
provided that:
 employment does not involve advertisements or
commercials promoting alcoholic beverages,
intoxicating drinks, tobacco and its by-products
or exhibiting violence;
 There is a written contract approved by the
DOLE; and
 The conditions prescribed for the employment
of minors {above stated} are met.
 Any person between the ages of 15 and 18 may
be employed in any non-hazardous work.
75
NON-HAZARDOUS WORK OR UNDERTAKING
– one where the employee is not exposed to any risk
which constitutes an imminent danger to his safety and
health.

 HAZARDOUS WORKPLACES:
 where the nature of the work exposes the workers to
dangerous environmental elements, contaminants or work
conditions;
 where the workers are engaged in construction work,
logging, fire-fighting, mining, quarrying, blasting,
stevedoring, dock work, deep-sea fishing, and mechanized
farming;
 where the workers are engaged in the manufacture or
handling of explosives and other pyrotechnic products;
 where the workers use or are exposed to heavy or power-
driven machinery or equipment; and
 where the workers use or are exposed to power-driven tools
76