ART. 129.

RECOVERY OF WAGES, SIMPLE

Monetary
claims
are any and
all
MONEY
CLAIMS
ANDOTHER
BENEFITS.

employment-related amounts,
including but not limited to, salaries,
holiday pay, overtime pay, premium
pay, night shift differential pay,
service charges, 13thmonth pay,
separation pay, retirement pay,
monetary equivalents of leaves and
benefits provided for by the
employer.

Upon complaint of any interested party, the Regional Director of the

Department of Labor and Employment or any of the duly
authorized hearing officers of the Department is empowered,
through summary proceeding and after due notice, to hear and
decide any matter involving the recovery of wages
and other monetary claims and benefits.

Requisites in Art. 129

1. The claim is presented by an employee or a person
employed in a domestic or household service or a
house helper
2. The claim arises from employer-employee relation
3. The claimant does not seek reinstatement
4. The aggregate money claim of each employee or
house helper does not exceed P5,000.
The Regional Director or hearing officer shall decide or
resolve the complaint within thirty (30) calendar days from
the date of the filing of the same.
Any sum thus recovered on behalf of any employee or
house helper pursuant to this Article shall be held in a
special deposit account by, and shall be paid on order of, the
Secretary of Labor and Employment or the Regional Director
directly to the employee or house helper concerned.
to place again (as in
possession or in a
former position)

Any such sum not paid to the employee or house

helper because he cannot be located after diligent
and reasonable effort to locate him within a period of
three (3) years, shall be held as a special fund of the
Department of Labor and Employment to be used
exclusively for the amelioration and benefit of
workers.
Any decision or resolution of the Regional Director
or hearing officer pursuant to this provision may be
appealed on the same grounds provided in Article
223 of this Code, within five (5) calendar days from
receipt of a copy of said decision or resolution
To the National Labor Relations Commission which
shall resolve the appeal within ten (10) calendar
days from the submission of the last pleading
required or allowed under its rules.
If there is a question of reinstatement or if the
claimants demand exceed P5,000 to the Labor

Example:
Dear Atty. Acosta,
ITATANONG KOlang po kung tama na hanggang ngayon ay hindi
pa po naibibigay ang back pay ng asawa ko ng kanyang agency.
December pa po nag-resign ang asawa ko. May nakuha po ang aking
asawa ngayong Mayo, pero hindi pa rin po lahat ng back pay niya.
Pinapaasa na lamang po kami. Sana po ay matulungan ninyo kami.
June

Dear June,
HINDI POtama na hindi ibigay ngdating agencyng iyong asawa
ang kanyang back pay. Ito ay sa kadahilanang pinagpaguran ito ng
iyong asawa. Kung hanggang sa ngayon ay hindi pa rin ibinibigay
ang back pay ng iyong asawa, maaari ninyong idulog sa
Department ofLabor and Employmentang inyong hinaing kung ang
kabuuang halaga ng back pay na hindi pa ibinibigay sa iyong asawa
ay hindi lalampas sa Php 5,000.00.

EMPLOYMENT OF WOMEN
Art. 130. Night work prohibition.No woman, regardless
of age, shall be employed or permitted or suffered to work,
with or without compensation:
1. In any industrial undertaking or branch thereof between
ten oclock at night and six oclock in the morning of the
following day; or

2. In any commercial or non-industrial undertaking or

branch thereof, other than agricultural, between midnight
and six oclock in the morning of the following day; or

3. In any agricultural undertaking at nighttime unless she is

given a period of rest of not less than nine (9) consecutive
hours.

Art. 131. Exceptions.The prohibitions prescribed by the preceding Article shall

not apply in any of the following cases:
1.In cases of actual or impending emergencies caused by serious accident,
fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to
prevent loss of life or property, or in cases of force majeure or imminent
danger to public safety;

2.In case of urgent work to be performed on machineries, equipment or

installation, to avoid serious loss which the employer would otherwise suffer;

3.Where the work is necessary to prevent serious loss of perishable goods;

4.Where the woman employee holds a responsible position of managerial or

technical nature, or where the woman employee has been engaged to provide
health and welfare services;

5.Where the nature of the work requires the manual skill and dexterity of
women workers and the same cannot be performed with equal efficiency by
male workers;

6.Where the women employees are immediate members of the family

operating the establishment or undertaking; and

7.Under other analogous cases exempted by the Secretary of Labor

and Employment in appropriate regulations.

DOLE hails lift of night work prohibition for women

A June 21, 2011 press release by the Department of
Labor and Employment
New law in line with the Presidents labor agenda
The Department of Labor and Employment yesterday
welcomed the signing into law of the version of a bill lifting
the night work prohibition for women workers and giving
women equal access to employment opportunities.
The bill, entitled, An Act Allowing the Employment of Night
Workers, Thereby Repealing Articles 130 and 131 of PD 442,
As Amended, Otherwise Known as the Labor Code of the
Philippines and authored by Senators Jinggoy EjercitoEstrada, Francis Pangilinan, Manuel Villar, Ramon Revilla Jr.,
Lito Lapid, Loren Legarda, and Miriam Defensor Santiago, has
been jointly adopted by the Senate and the House of
Representatives, paving the way for its submission to the
Office of the President before the first regular session of the
15thCongress adjourned last week. It repeals the
Labor Code provisions prohibiting night work for women.

The bill further increases health protection for night workers.

It also facilitates alignment of Philippine laws with international
standards on night work for women, including the ratification
of ILO Convention 171 on the elimination of night work for
women, and our denunciation of ILO Convention 89, Baldoz
added.
The law also provides that suitable first-aid facilities shall be
made available for workers performing night work. It also
requires employers to provide safe and healthful working
conditions and sleeping/rest quarters in the establishment and
transportation from the work premises to the nearest point of
the workers residence subject to guidelines that the DOLE
shall formulate.
The law contains two salient features: (a) In repealing the
prohibitions for night work for both men and women, it
eliminates gender bias and thus gives men and women equal
access to employment opportunities; (b) it introduces a new
chapter on employment of night workersregardless of gender
as well as it expands health, maternity, and wellness
provisions to ensure adequate protection for women workers
without diminution in pay and benefits under existing law.

Art. 132. Facilities for women.The Secretary of Labor and

Employment shall establish standards that will ensure the
safety and health of women employees. In appropriate cases,
he shall, by regulations, require any employer to:
1.Provide seats proper for women and permit them to use such
seats when they are free from work and during working hours,
provided they can perform their duties in this position without
detriment to efficiency;

2.To establish separate toilet rooms and lavatories for men and
women and provide at least a dressing room for women;

3.To establish a nursery in a workplace for the benefit of the

women employees therein; and

4.To determine appropriate minimum age and other standards

for retirement or termination in special occupations such as
those of flight attendants and the like.

Art. 133. Maternity leave benefits.

1.Every employer shall grant to any pregnant woman
employee who has rendered an aggregate service of at least
six (6) months for the last twelve (12) months, maternity leave
of at least two (2) weeks prior to the expected date of delivery
and another four (4) weeks after normal delivery or abortion
with full pay based on her regular or average weekly wages.
The employer may require from any woman employee
applying for maternity leave the production of a medical
certificate stating that delivery will probably take place within
two weeks.

2.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.

3.The maternity leave provided in this Article shall be paid by

the employer only for the first four (4) deliveries by a woman
employee after the
effectivity of this Code.

Above all, women workers are not only entitled to

60 days for natural delivery of a baby
78 days in case of delivery by cesarean section.
Women are also entitled to additional
10 days leave for being a victim of violence by husband or
boyfriend (RA 9262)
as well as another 7 days leave for being a solo parent.
They are even entitled to 60 days of another leave for
undergoing hysterectomy, ovariectomy, and mastectomy.

Art. 134. Family planning services; incentives for family

planning.
1.Establishments which are required by law to maintain a clinic
or infirmary shall provide free family planning services to their
employees which shall include, but not be limited to, the
application or use of contraceptive pills and intrauterine
devices.

2.In coordination with other agencies of the government

engaged in the promotion of family planning, the Department of
Labor and Employment shall develop and prescribe incentive
bonus schemes to encourage family planning among female
workers in any establishment or enterprise.

Art. 135. Discrimination prohibited.It shall be unlawful for any

employer to discriminate against any woman employee with respect
to terms and conditions of employment solely on account of her sex.
1.The following are acts of discrimination:
Payment of a lesser compensation, including wage, salary or other
form of remuneration and fringe benefits, to a female employees as
against a male employee, for work of equal value; and

2.Favoring a male employee over a female employee with respect to

promotion, training opportunities, study and scholarship grants
solely on account of their sexes.

Art. 136. Stipulation against marriage.It shall be unlawful

for an employer to require as a condition of employment or
continuation of employment that a woman employee shall not
get married, or to stipulate expressly or tacitly that upon getting
married, a woman employee shall be deemed resigned or
separated, or to actually dismiss, discharge, discriminate or
otherwise prejudice a woman employee merely by reason of her
Art. 137. Prohibited acts.
marriage.
It shall be unlawful for any employer:

To deny any woman employee the benefits provided for in this

Chapter or to discharge any woman employed by him for the
purpose of preventing her from enjoying any of the benefits
provided under this Code.

To discharge such woman on account of her pregnancy, or

while on leave or in confinement due to her pregnancy;

To discharge or refuse the admission of such woman

upon returning to her work for fear that she
may again be pregnant.

Art. 138. Classification of certain women workers.Any

woman who is permitted or suffered to work, with or without
compensation, in any night club, cocktail lounge, massage clinic,
bar or similar establishments under the effective control or
supervision of the employer for a substantial period of time as
determined by the Secretary of Labor and Employment, shall be
considered as an employee of such establishment for purposes
of labor and social legislation.

EMPLOYMENT OF MINORS
Art. 139. Minimum employable age.
No child below fifteen (15) years of age shall be employed, except
when he works directly under the sole responsibility of his parents
or guardian, and his employment does not in any way interfere with
his schooling.

Any person between fifteen (15) and eighteen (18) years of age
may be employed for such number of hours and such periods of the
day as determined by the Secretary of Labor and Employment in
appropriate regulations.

The foregoing provisions shall in no case allow the employment of a

person below eighteen (18) years of age in an undertaking which is
hazardous or deleterious in nature as determined by the Secretary
of Labor and Employment.

Art. 140. Prohibition against child

discrimination.No employer shall discriminate
against any person in respect to terms and conditions
of employment on account of his age.

DOLE clarifies work permit issues for

minors
MANILA, Philippines- Following questions from concerned
employers, the Labor Department issued Tuesday a labor
advisory to clarify the issuance of work certificates and
permits to young workers aged 15 to 18.
Acting Labor Secretary Arturo Sodusta said Department
Advisory 01-08 was issued in response to queries from
concerned employers and workers regarding work
certificates and permits for young persons.
"The Advisory clarifies that the issuance of a DOLE
certificate to youth aged 15 to below 18 years prior to
employment is
not required by law," Sodusta said.

He added no employer shall deny opportunity to any such youth

applying for employment merely on the basis of lack of a DOLE work
permit or certificate of eligibility for employment.
Also, he said any young person 15 to below 18 years of age might
present a copy of this DOLE Advisory to any employer, job provider,
government authority or his/her representative when seeking
employment or anytime during employment.
Sodusta said the advisory reiterates that employment of young
persons 15 to below 18 years of age may be allowed subject to the
conditions and prohibitions in R.A. 9231 and the Labor Code.
R.A. 9231 allows a working child up to eight hours a day, and
in no case beyond 40 hours a week.
"(The law states that) no child 15 years of age but below 18 shall be
allowed to work between ten o'clock in the evening and six o'clock
in the morning of the following day," he added.
He added that R.A. 9231 requires the issuance of a work
permit prior to the employment of children below 15 years
of age, as allowed in exceptional situations.

But he said this law is silent with regard to the issuance of a permit or certificate to
those who are 15 but below 18 years of age, although these young persons are still
considered children.
Sodusta said that as for Department Order No. 65-04, this clarifies the prohibitions,
which include:
* The employment of children in the worst forms of child labor in any public or
private establishments; and
* The employment of children in advertisements directly or indirectly promoting
alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling or
any form of violence or pornography.
As for conditions of employment of young persons, Sodusta said existing laws state
that every child shall have access to formal and non-formal education, including
alternative learning systems.
Thus, where young persons 15 to below 18 years of age is employed, the employer
shall provide him or her with access to at least elementary or secondary education,
including alternative learning systems.
Also, the Advisory states that no employer shall hinder the young person's education
and learning opportunities.
It adds that the employer shall observe the prohibitions on employment of young
persons, comply with the above conditions on nature of work, number of hours of
work, time of work and meet the requirements on recruitment or hiring, legitimate
contracting, general labor standards
and social protection, among others.- GMANews.TV- See more at:
http://www.gmanetwork.com/news/story/101561/news/nation/dole-clarifies-workpermit-issues-for-minors#sthash.TLcBnA8M.dpuf

Also, the Advisory states that no employer shall hinder the

young person's education and learning opportunities.
It adds that the employer shall observe the prohibitions on
employment of young persons, comply with the above conditions
on nature of work, number of hours of work, time of work and
meet the requirements on recruitment or hiring, legitimate
contracting, general labor standards
and social protection, among others.- GMANews.TV

EMPLOYMENT OF HOUSEHELPERS or Republic Act

No. 10361 is an Act Instituting Policies for the
Protection and Welfare of Domestic Workers,
otherwise known as Domestic Workers Act or
Batas Kasambahay.

EMPLOYMENT OF HOMEWORKERS

Art. 153. Regulation of industrial homeworkers.The

employment of industrial homeworkers and field personnel shall be
regulated by the government through the appropriate regulations
issued by the Secretary of Labor and Employment to ensure the
general welfare and protection of homeworkers and field personnel
and the industries employing them.

Art. 154. Regulations of Secretary of Labor.The

regulations or orders to be issued pursuant to this Chapter shall
be designed to assure the minimum terms and conditions of
employment applicable to the industrial homeworkers or field
personnel involved.
Art. 155. Distribution of homework.For purposes of this
Chapter, the "employer" of homeworkers includes any person,
natural or artificial who, for his account or benefit, or on behalf
of any person residing outside the country, directly or indirectly,
or through an employee, agent contractor, sub-contractor or
any other person:
Delivers, or causes to be delivered, any goods, articles or
materials to be processed or fabricated in or about a home and
thereafter to be returned or to be disposed of or distributed in
accordance with his directions; or

Sells any goods, articles or materials to be processed or

fabricated in or about a home and then rebuys them after such
processing or fabrication, either by himself or through some
other person.