1. OJT for more than three (3) months not to exceed six (6)months
2. Supplemented by related theoretical instruction
3. Wage: not less than 75% of applicable minimum wage
Qualifications of Apprentice
At least 14 years of age
Has aptitude/capacity for appropriate tests
Has ability to understand/follow oral or written instructions
Handicapped Workers
Wages: not less than 75% of applicable minimum wage
Normal work period
1. Eight (8) hours/ day excluding meal time
2. Five (5) days a week
Rest periods of short duration
Shall be counted as hours of work
Meal period
60 minutes
Night shift
10:00 p.m. – 6:00 a.m.
Pay differential: at least 10% of regular pay
Overtime Pay
Regular weekdays: regular wage + 25%
Holidays/rest days: regular wage + 130%
Weekly rest day
One day after six (6) consecutive work days
Compensation for Rest Day, Sunday , or Holiday Work
Scheduled rest day - + 30% at least
Special holiday - + 30% at least
Scheduled rest day + special holiday - +50%
Holiday pay
2x regular pay
Incentive Leave
5 days for at least one year of service
Minimum wage rates
Prescribed by the Regional Tripartite Wages and Productivity Boards
Payment of wages by results
DOLE Secretary to regulate through time and motion studies or in consultation with workers' and employers' organizations
Wages to be paid
Every two weeks
Contractor/Sub-Contractor
1. In case of failure to pay wages, employer becomes liable
2. No labor-only contracting
Posting of bond
Employer/indirect employer may require contractor/sub-contractor to post bond equal to cost of labor
Solidary Liability
Employer/indirect employers shall be held responsible, along with contractor/sub-contractor, for any violation of Labor Code
In case of bankruptcy
Workers should enjoy preference in the payment of unpaid wages and other monetary claims
Deductions from workers' pay
To reimburse employer for insurance
Union dues
Other cases where employer is authorized by law or regulations of DOLE
Night work prohibition with exceptions (Repealed by RA 10151 in June 2011)
Provisions for female employees
Proper seats
Separate lavatories + dressing room
Nursery in the workplace
Appropriate minimum retirement age or termination in special occupations such as flight attendants
Maternity Leave
Two (2) weeks prior to delivery
Four (4) weeks after delivery
Extension without pay unless leave credits are applied
First four (4) deliveries
Provision of free family planning services and incentive bonus schemes
Prohibitions against discrimination against women
Pay for work of equal value
Promotion/training/study leave
Prohibition against discharging a female employee on account of pregnancy
Female workers in certain occupations such as nightclub entertainers, masseuses, etc., are considered employees if they worked under an employer for "a substantial period of time" as determined by DOLE Secretary
Every employer is required to keep first aid medicines and equipment on the work premises
Employees' Compensation & State Insurance Fund
To provide compensation/medical benefits (tax exempt) for work-connected disability or death for employees and their dependents
Compulsory coverage
Employees not over 60 years old; those above 60 are covered if they are contributing to their insurance and retirement benefits
Employer's contribution
1% of monthly wage, reviewed periodically
Government guarantee to make up for any deficiency in funds
Every employer shall render assistance for the establishment and operations of adult education for their workers as prescribed by DOLE/DECS
Rights & conditions of Membership in labor organizations
No arbitrary or excessive initiation fees
Full & detailed reports from officers on all financial transactions
Direct election of officers, including those of the national union or federation
Determination by secret ballot of any question on major policies
Coverage/Employeesright to self-organization
All employees of business enterprises and of religious/charitable institutions
Ambulant, self-employed, rural workers may form labor organizations
Public Sector
Employees of government corporations have the right to organize and to bargain collectively. All other employees in the civil service shall have the right to form organizations for purposes not contrary to law
Managerial employees
Cannot form their ownunions but supervisory employees can
UnfairLaborPractices (ULP) ofEmployers
Interfere, coerce, restrain employees in organizing
Require as a condition of employment not to join a trade union or withdraw from one
Outsourcing/contracting out when such will interfere etc. with employees' right to self-organization or discourage membership in any labor organization
To discriminate with respect to wages, hours of work, and other terms/conditions of work
UnfairLaborPractices (ULP) ofLaborOrganizations
Restrain/coerce employees in the exercise of their right to self-organization
To cause an employer to discriminate against an employee