Labor Standards

• What is the purpose of Presidential Decree No. 442?


  To institute a labor code that revises and consolidates labor and social laws.
• What are the main objectives of the labor code established by Presidential Decree No. 442?


  • Protection to labor
  • Promotion of employment
  • Human resources development
  • Ensuring industrial peace based on social justice
• To whom does the provision of Title III apply?


  Employees in all establishments and undertakings, except for certain categories.
• Which employees are excluded from the coverage of Article 82?


  Government employees, managerial employees, field personnel, and domestic helpers.
• What must an employer do if a collective bargaining agreement stipulates a higher premium pay?


  The employer shall pay the higher premium as stipulated in the agreement.
• What is the right to holiday as stated in Article 94?


  It grants employees the right to take holidays as stipulated by law.
• What standards must the Secretary of Labor and Employment establish for women employees according to Article 132?


  Standards ensuring safety and health, including proper seating and separate facilities.
• What maternity leave benefits are provided in Article 133?


  Four weeks prior to and four weeks after delivery for eligible pregnant women.
• Under what condition can maternity leave be extended without pay?


  Due to illness medically certified to arise from pregnancy, delivery, or lactation.
• How many deliveries are covered for paid maternity leave according to Article 133?


  Only the first four deliveries after the effectivity of the Code.
• What family planning services must the Secretary of Labor and Employment establish according to Article 134?


  Promotion of family planning among female workers and provision of free services.
• What is prohibited under Article 135 regarding discrimination?


  Discrimination against women employees based on sex in terms and conditions of employment.
• What are the acts of discrimination listed in Article 135?


  Paying lesser compensation to women and favoring men for promotions.
• What legal actions can an aggrieved employee take under Article 135?


  File a criminal action and a separate claim for money damages.
• What does Article 136 state about stipulations against marriage?


  It is unlawful for employers to require women not to marry as a condition of employment.
• What actions are prohibited under Article 137 regarding women employees?


  Denying benefits, discharging due to pregnancy, or refusing re-admission after maternity leave.
• How is a woman employee classified under Article 138?


  As an employee if permitted to work in certain establishments under employer control.
• What does Article 141 cover regarding househelpers?


  It applies to all persons rendering service in households for compensation.
• What is the maximum duration of a contract of domestic service according to Article 142?


  Two years, but it may be renewed.
• What are the minimum wage rates for househelpers as stated in Article 143?


  Sixty pesos in certain cities, forty-five in others, and thirty in other municipalities.
• What do minimum cash wages include according to Article 144?


  Basic cash wages plus lodging, food, and medical attendance.
• What restrictions are placed on househelpers under Article 145?


  They cannot be assigned to work in commercial or industrial enterprises unless under eighteen.
• What educational opportunity must be provided to househelpers under Article 146?


  Education for at least elementary education if under eighteen years old.
• What is the indemnity for unjust termination of service as per Article 105?


  Compensation for the period served plus separation pay.
• What notice must be given for termination of service according to Article 105?


  A written notice must be given five days before termination.
• What must an employer provide upon severance of household employment according to Article 111?


  A written statement of the nature and duration of service.
• What records may an employer keep according to Article 112?


  Records reflecting the actual terms and conditions of employment.
• What is the short title of Republic Act No. 13130?


  The “105-Day Expanded Maternity Leave Law.”
• What is the declared policy of the State under Republic Act No. 13130?


  To protect and promote the rights of women and women's health.
• What does the State recognize as the basic autonomous social institution according to Republic Act No. 13130?


  The family.
• What does Republic Act No. 13130 aim to protect according to its declaration of policy?


  The life of the mother and the life of the unborn from conception.
• What does Republic Act No. 8172 provide for regarding women's work?


  Recognition of women's different work and rights to health and decent work.
• What is the title of the Act that increases the maternity leave period?

  An Act Increasing the Maternity Leave Period to One Hundred Five (105) Days
• What is the declared policy of the State regarding women's rights and health?


  To protect and promote the rights of women and women's health
• How many days of maternity leave are granted to female workers under this Act?


  One hundred five (105) days
• What additional leave is granted to solo parents under this Act?


  An additional fifteen (15) days of solo parent leave
• What is the maternity leave duration for miscarriage or emergency termination of pregnancy?


  Sixty (60) days with full pay
• Who is eligible for maternity leave under this Act?


  All covered female workers in government and the private sector
• How does maternity leave differ for female workers in the public sector compared to those in the private sector?


  Both receive one hundred five (105) days with full pay, but public sector workers have specific provisions for solo parents
• What must a female worker do to notify her employer about maternity leave?


  Notify her employer within thirty (30) days from filing the maternity leave application