labor code

• The Labor Code of the Philippines is also known as the "Labor Code of the Philippines".
• The date of effectivity of the Labor Code of the Philippines is six (6) months after its promulgation.
• The basic policy of the State as declared in the Labor Code of the Philippines is to afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers.
• The rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work are affirmed in the Labor Code of the Philippines.
• All doubts in the implementation and interpretation of the provisions of the Labor Code of the Philippines, including its implementing rules and regulations, shall be resolved in favor of labor.
• The Department of Labor and other government agencies charged with the administration and enforcement of the Labor Code of the Philippines or any of its parts shall promulgate the necessary implementing rules and regulations.
• All rights and benefits granted to workers under the Labor Code of the Philippines shall, except as may otherwise be provided herein, apply alike to all workers, whether agricultural or non-agricultural.
• The Labor Code of the Philippines took effect on November 1, 1974.
• It shall be unlawful for any individual, entity, licensee, or holder of authority: (a) to charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance.
• See also Rule V (Fees, Costs, and Contributions) of the POEA Rules.
• The Secretary of Labor shall promulgate a schedule of allowable fees.
• Any person applying with a private fee-charging employment agency for employment assistance shall not be charged any fee until he has obtained employment through its efforts or has actually commenced employment.
• These prohibited acts also constitute illegal recruitment as redefined by R.A. No.
• For overseas employment, see Sec. 1 (b) of Rule I, Part II of the POEA Rules on Licensing and Regulation of Recruitment Agencies for Land-based Workers.
• The POEA can enforce the liability under the bond, as decided by the Supreme Court in Finman General Assurance v. Inocencio, G.R. No. 90273-75 (1989).
• Whenever the public interest requires, the Secretary of Labor may direct all persons or entities within the coverage of this Title to submit a report on the status of employment, including job vacancies, details of job requisitions, separation from jobs, wages, other terms and conditions and other employment data.
• The fee shall be always covered with the appropriate receipt clearly showing the amount paid.
• For local employment, see Sec. 2, Rule II of the DOLE’s PRPA Guidelines.
• R.A. No. 6685 requires private contractors to whom national, provincial, city, and municipal public works projects have been awarded under contract to hire at least 50% of the unskilled labor and 30% of skilled labor requirements from the available bona fide residents in the locality where an infrastructure project is to be undertaken.
• The PESO Act aims to provide full employment and equality of employment opportunities for all, and to strengthen and expand the existing employment facilitation service machinery of the government particularly at the local levels.
• Sec. 3 of R.A. No. 10691 provides that there shall be established in all provinces, cities, and municipalities a Public Employment Service Office, which shall be operated and maintained by local government units (LGUs).
• R.A. No. 10869, also known as the “JobStart Philippines Act”, aims to shorten the youth's school to work transition by enhancing the knowledge and skills acquired in formal education or technical training by jobseekers in order for them to become more responsive to the demands of the labor market.
• The Public Employment Service Office (PESO) Act of 1999, also known as R.A. 8759, established PESOs in every province, key city, and other strategic areas throughout the country.
• The Bureau of Employment Services is responsible for implementing the PESO Act.
• The PESO Act was amended in 2014 by R.A. No. 10691, which defined the roles of the Department of Labor and Employment (DOLE), the Local Government Units (LGUs), and Accredited Non-Government Organizations (NGOs) in the establishment and operation of the Public Employment Service Office (PESO), and the operation of Job Placement Offices in Educational Institutions (EIs).
• The PESOs shall be linked to the regional offices of the Department of Labor and Employment (DOLE) for coordination and technical supervision, and to the DOLE central office, to constitute the national public employment service network.
• The policy declarations in Sec. 3, Article XIII of the 1987 Constitution of the Republic of the Philippines and R.A. No. 10911 (2016), “An Act Prohibiting Discrimination Against Any Individual in Employment on Account of Age and Providing Penalties Therefor,” also known as the “Anti-Age Discrimination in Employment Act,” enunciate the state policy to promote employment of individuals on the basis of their abilities, knowledge, skills and qualifications rather than their age, prohibit arbitrary age limitations in employment, and promote the right of all employees and workers, regardless of age
• A seaman is any person employed in a vessel engaged in maritime navigation.
• The policy of the State promotes and maintains a state of full employment through improved manpower training, allocation and utilization.
• A license is a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency.
• The State facilitates and regulates the movement of workers in conformity with the national interest.
• The State insures careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines abroad.
• The State regulates the employment of aliens, including the establishment of a registration and/or work permit system.
• The State facilitates a free choice of available employment by persons seeking work in conformity with the national interest.
• A worker is any member of the labor force, whether employed or unemployed.
• An emigrant is any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination.
• Overseas employment means employment of a worker outside the Philippines.
• An authority is a document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity.
• A private fee-charging employment agency is any person or entity engaged in recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both.
• A private recruitment entity is any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers.