Labor Law Codal Law Books by Rex Book Store. Labor Code of the Philippines: Presidential Decree No. , as Amended, Full- service law firm in the Philippines with worldwide affiliates. Visit CHAN ROBLES . Name of Decree. – This Decree shall be known as the “Labor Code of the Philippines”. ARTICLE 2. Date of effectivity. – This Code shall take effect six (6) months.
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De d uc tio n to Ensure Emp lo yme nt. The Bure au shall also maintain a fileand shall und e rtake o r assist in the ccode licatio n o f all final de cisio ns, o rde rs and awards o f the Se cre tary o f Lab o r and Emplo yme nt, Re g io nal Dire cto rs and the Co mmissio n. The decision of the Bureau shall be appealable only on question of law by certiorari to the Supreme Court.
The Auditor General shall appoint his representative to the Board to audit its accounts in accordance with auditing laws and pertinent rules and regulations. Such actions shall be forever barred unless commenced within such period. Learners are persons hired as trainees in semi-skilled and other industrial phiilppines which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three 3 months.
Imme diate ly afte r an e mplo ye e co ntracts sickne ss o r sustains an injury, he shall b e pro vide d b y the Syste m during the sub se q ue nt pe rio d o f his disab ility with such me dical se rvice s and appliance s as the nature o f his sickne ss o r injury and pro g re ss o f his re co ve ry may re cocal uiresub je ct to the e xpe nse limitatio n pre scrib e d b y the Co mmissio n.
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.
Whe re the unde rtaking is no n-hazardo us in naturethe physician and coral ntist may b e e ng ag albor d o n re taine d b asis, sub je ct to such re g ulatio ns as the Se cre tary o f Lab o r and Emplo yme nt may pre scrib e to insure imme diate availab ility o f me dical and de ntal tre atme nt and atte ndance in case o f e me rg e ncy.
Fo r purpo se s o f co mputing o ve rtime and o the r additio nal re mune ratio n as re q uire d b y this Chapte r, the ” re g ular wag e ” o f an e mplo ye lzbor shall include the cash wag e laborr nly, witho ut de ductio n o n acco unt o f facilitie s pro vide d b y the e mplo philippinez r. Under such regulations as the Commission may approve, the System shall pay to the primary beneficiaries upon the death of the covered employee under this Phi,ippines, an amount equivalent to his monthly income benefit, plus cldal percent thereof for each dependent child, but not exceeding five, beginning with the youngest and without substitution, except as provided for in paragraph j of Article hereof: Bure au o f Emp lo yme nt Se rvic e s.
The Lab o r Arb ite rs shall also b e appo inte d b y the Pre side nt, upo n re co mme ndatio n o f the Co mmissio n en b anc and shall b e sub je ct to cpde Civil Se rvice Law, rule s and re g ulatio ns.
Labor Code of the Philippines
The Se cre tary o f Lab o r shall the n de te rmine if the y are e ntitle d to an e mplo yme nt pe rmit. Any actio n invo lving the funds o f the o rg anizatio n shall pre scrib e afte r thre e 3 ye ars fro m the date o f sub missio n o f the annual financial re po rt to the De partme nt o f Lab o r and Emplo yme nt o r fro m the date the same sho uld have b e e n sub mitte d as re q uire d b y law, whiche ve r co me s e arlie r: De c laratio n o f Basic Po lic y.
An e mplo ye r o r indire ct e mplo ye r may re q uire the co ntracto r o r sub co ntracto r to furnish a b o nd e q ual to the co st o f lab o r unde r co ntract, o n co nditio n that the b o nd will answe r fo r the wag e s due the e mplo ye e s sho uld the co ntracto r o r sub co ntracto r, as the case may b efail to pay the same. 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 marriage.
Codals, et al. – P.D. Labor Code of the Philippines
Equal remuneration shall be paid to both men and women for work of equal value. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof.
Disfigurement is separate from ccodal permanent partial disability and includes scarring and other disfigurement consequences caused by medical, surgical and hospital treatment of the employee. If the duration yhe the household service is not determined either in stipulation or by the nature of the service, the employer or the househelper may give notice to put an end to the relationship five 5 days before the intended termination of the service.
The re is he re b y cre ate d Re g io nal Tripartite Wag e s and Pro ductivity Bo ards, he re inafte r re fe rre d to vode Re g io nal Bo ards, in all re g io ns, including auto no mo phiippines re g io ns as may b e e stab lishe d b y law.
Labor Code of the Philippines, as Amended
The decisions of the regional offices of the Bureau of Employment Services, if so authorized by the Minister of Labor as provided in this Article, shall be appealable to the National Labor Relations Commission upon the same grounds provided in Article hereof. Direct-hiring by members of the diplomatic corps, international organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision.
Regional Manpower Development Centers. The Secretary of Labor or his duly authorized representatives may at any time inspect the premises, books of accounts and records of any person or entity covered by this Title, require it to submit reports regularly on prescribed forms and to act on violations of any provisions under this Title.
It shall have the power and duty:. Ho urs wo rke d shall include a all time during which an e mplo ye e is re q uire d to b e o n duty o r to b e at a pre scrib e d wo rkplace ; and b all time during which an e mplo ye e is suffe re d o r pe rmitte d to wo rk. Re taliato ry Me asure s. Every apprenticeship agreement shall be signed by the employer or his agent, or by an authorized representative of any of the recognized organizations, associations or groups and by the apprentice.
The e mplo ye r may re q uire fro m any wo man e mplo ye e applying fo r mate rnity le ave the pro ductio n o f a me dical ce rtificate stating that de live ry will pro b ab ly take place within two we e ks.
All recognized learnership and apprenticeship agreements shall be considered automatically modified insofar as their wage clauses are concerned to reflect the prescribed wage rates.
The employment agreement shall be subject to inspection by the Secretary of Labor or his duly authorized representative. The monthly income benefit shall be guaranteed for five years, and shall be suspended if the employee is gainfully employed, or recovers from his permanent total disability, or fails to present himself for examination codao least once a year upon notice by the System, except cosal otherwise provided for in other laws, decrees, orders or Letters of Instructions.
Right to Additional Income Benefits.
Pro hib ite d Prac tic e s.