LABOR CODE OF THE PHILIPPINES RENUMBERED DOLE EDITION 2022
BOOK 1 – PRE-EMPLOYMENT
I.
II.
BOOK 1 – PRE-EMPLOYMENT
The labor code of the Philippines
•
C1 – General provisions
•
C2 – Emancipation of tenants
Book One Pre-employment
A. Recruitment
and
Placement
of
Workers
•
C1 – General provisions
•
C2 – Regulation of recruitment
and placement activities
•
C3 – Miscellaneous Provisions
B. Employment of non-resident aliens
INTRODUCTION
Presidential Decree No. 442 – Afford protection to labor,
promote employment and human resources development, and
insure industrial peace based on social justice.
1974 – Promulgation of the Labor Code.
November 1, 1974 – Labor Code of the Philippines took effect.
10151 – Employment of Night Workers. Had renumbered
provisions and new chapters that convinced to issue an official
renumbered Labor Code.
10757 (2015) – Reducing the retirement age of surface mine
workers. Amending for the purpose of Article 302 of P.D. No. 442
– Section 3 for purposes of uniformity.
10741 (2016) – Strengthening the Operations of the NLRS –
National Labor Relations Commission.
DOLE – can be referred as Ministry of Labor and Employment,
Ministry of Labor, or Department of Labor.
Minister – Secretary
Deputy Minister – Undersecretary
Assistant Minister – Assistant secretary
11360 (2019) – Service charges collected by hotels, restaurants,
and other similar establishments be distributed in full to all
covered employees.
11210 (2019) – Increasing the maternity leave period to 105
days for female workers with an option to extend for an
additional 30 days without pay and granting 15 days for solo
mothers and for other purposes.
11058 (2018) – Strengthening compliance with occupational
safety and health standards and providing penalties for
violations thereof.
10911 (2016) – Anti-age discrimination in Employment Act or
E.O.
•
(a) promote employment of individuals on the basis of
their abilities, knowledge, skills, and qualifications
rather than their age.
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(b) prohibit arbitrary age limitations in employment;
•
(c) promote the right of all employees and workers,
regardless of age, to be treated equally in terms of
compensation, benefits, promotions, training and other
employment opportunities.
10917 (2016) – Amending certain provisions of (R.A. No. 9547
– Strengthening and expanding the coverage of the special
program for employment of students) amending for the purpose
of provisions of (R.A. No. 7323 – Special program for
employment of students or SPES).
10801 (2016) – Overseas workers welfare administration act.
10706 (2015) – Seafarers protection act. Protecting seafarers
against ambulance chasing and imposition of excessive fees
and providing penalties. Shall not exceed 10% of the
compensation or benefit awarded to the seafarer of his/her heirs.
10691 (2015) – PESO act of 1999. Dole issued D.O. No. 157
(2016) to serve as its implementing rules and regulations under
section 6. Department Order (D.O.).
C1- GENERAL PROVISIONS
ART. 1. Name of Decree: Labor Code of the Philippines.
ART. 2. Date of Effectivity: Shall take effect 6 months after its
promulgation.
ART. 3. Declaration of Basic Policy: 1) Protection to labor, 2)
Promote full employment, 3) Ensure equal work opportunities
regardless of sex, race or creed, and 4) Regulate relations
between workers and employers.
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The state shall assure the rights of workers to selforganization, collective bargaining, security of tenure,
and just and humane conditions of work.
ART. 6. Applicability: All rights and benefits granted to workers
herein apply to all workers whether agricultural or nonagricultural.
C2- EMANCIPATION OF TENANTS
ART 8. Transfer of Lands to Tenant-Workers: Tenant-farmers on
private agricultural lands primarily devoted to rice and corn
under share crop or lease tenancy whether landed estate or not
shall be deemed owner of a portion constituting a family-size
farm of (5) hectares if not irrigated and (3) hectares if irrigated.
(The land owner may retain an area of not more than (7)
hectares).
ART. 9. Determination of Land Value: Cost of the land to be
transferred to the tenant-farmer = (2 & ½) times the average
harvest of (3) normal crop years. The total cost of the land
including the 6% rate per annum shall be paid by the tenant in
15 years of 15 equal annual amortizations.
ART. 10. Conditions of Ownership: Tenant-farmer shall become
a full-fledged member of a duly recognized farmer’s cooperative
to acquire the title to the land. Title to the land are not
transferable except by hereditary succession or to the
government in accordance to P.D. NO. 27 or the code of
Agrarian Reforms and other existing laws and regulations. Can
be repurchased by the gov’t within a period of 2 years.
6657 – Comprehensive Agrarian Reform Law – Insure the
welfare of the landless farmers and farmworkers.
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LABOR CODE OF THE PHILIPPINES RENUMBERED DOLE EDITION 2022
BOOK 1 – PRE-EMPLOYMENT
BOOK ONE PRE-EMPLOYMENT
ART. 12. Statement of Objectives:
a. Promote and maintain full employment through
improved manpower, training, and utilization;
b. Protect every citizen locally or overseas by securing
the best possible terms and conditions of employment;
c. Facilitate free choice of available employment
d. Facilitate and regulated movement of workers;
e. Regulate the employment of aliens including the
establishment of a registration and/or work permit
system;
f. Strengthen the network of public employment offices
and rationalize the participation of the private sector in
the recruitment and placement of workers;
g. Insure careful selection of Filipino workers for overseas
employment in order to protect the good name of the
Philippines abroad.
A.
RECRUITMENT AND PLACEMENT OF
WORKERS
C1 – GENERAL PROVISIONS
Worker – any member of the labor force, whether employed or
unemployed.
Recruitment and placement - any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring workers,
and includes referrals, contract services, promising or
advertising for employment, locally or abroad, whether for profit
or not: Provided, That any person or entity which, in any manner,
offers or promises for a fee, employment to two or more persons
shall be deemed engaged in recruitment and placement.
8042 – Migrant Workers and Overseas Filipinos Act.
Private fee-charging employment agency – 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.
License – a document issued by the DOL authorizing a person
or entity to operate a private employment agency.
Private recruitment entity – any person or association engaged
in the recruitment and placement of workers, locally or overseas,
without charging.
Authority – a document issued by the DOL authorizing a person
or association to engage in recruitment and placement activities
as a private recruitment entity.
Seaman – any person employed in a vessel engaged in
maritime navigation.
Overseas employment – employment of a worker outside the
Philippines.
Emigrant – 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.
ART. 14. Employment Promotion: The secretary or labor shall
have the power and authority to organize and establish new
employment offices as the need arises, organize and establish
a nationwide job clearance, develop program that will facilitate
occupational, industrial and geographical mobility of labor,
provide assistance in relocation of workers, and require any
person, establishment, organization, or institution to submit
employment information as may be prescribed.
Sec. 3 of E.O. No. 797 (1982), “Reorganizing the Ministry of
Labor and Employment, Creating the Philippine Overseas
Employment Administration, and For Other Purposes,” created
the Bureau of Local Employment which assumed the functions
of the Bureau of Apprenticeship and the domestic employment
functions of the Bureau of Employment Services.
Functions enumerated under paragraph (a) have been
superseded by Sec. 17, Chapter 4, Title VII, Book IV of E.O. No.
292 (1987), “Administrative Code of 1987”:
Sec. 17. Bureau of Local Employment. - The Bureau of Local
Employment shall: (1) Formulate policies, standards and
procedures on productive manpower resources, development,
utilization and allocation; (2) Establish and administer a
machinery for the effective allocation of manpower resources for
maximum employment and placement; (3) Develop and
maintain a responsive vocational guidance and testing system
in aid of proper human resources allocation; (4) Regulate and
supervise private sector participation in the recruitment and
placement of workers locally under such rules and regulations
as may be issued by the Secretary; (5) Establish and maintain a
registration or work permit system to regulate employment of
aliens; (6) Develop and maintain a labor market information
system in aid of proper manpower and development planning;
(7) Formulate employment programs designed to benefit
disadvantaged groups and communities; and (8) Perform other
functions as may be provided by law.
ART. 16. Private Recruitment: No person or entity other than the
public employment offices, shall engage in the recruitment and
placement of workers.
ART. 17. Overseas Employment Development Board: A
systematic program for overseas employment of Filipino
workers in excess of domestic needs and to protect their rights
to fair and equitable employment practices
ART. 18. Ban on Direct-Hiring: No employer may hire a Filipino
worker for overseas employment except through the Boards and
entities authorized by the Secretary of Labor. 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
ART/ 19. Office of Emigrant Affairs: Pursuant to the national
policy to maintain close ties with Filipino migrant communities
and promote their welfare as well as establish a data bank in aid
of national manpower policy formulation. Office of Emigrant
Affairs is hereby created in the Department of Labor. The Office
shall be a unit at the Office of the Secretary and shall initially be
manned and operated by such personnel and through such
funding as are available within the Department and its attached
agencies. Thereafter, its appropriation shall be made part of the
regular General Appropriations Decree.
EO No. 247, “Reorganizing the POEA and for Other Purposes,”
shall refer to the POEA’s powers and functions to: (a) Regulate
private sector participation in the recruitment and overseas
placement of workers by setting up a licensing and registration
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LABOR CODE OF THE PHILIPPINES RENUMBERED DOLE EDITION 2022
BOOK 1 – PRE-EMPLOYMENT
system; (b) Formulate and implement, in coordination with
appropriate entities concerned, when necessary, a system for
promoting and monitoring the overseas employment of Filipino
workers taking into consideration their welfare and the domestic
manpower requirements; (c) Protect the rights of Filipino
workers for overseas employment to fair and equitable
recruitment and employment practices and ensure their welfare;
(d) Exercise original and exclusive jurisdiction to hear and
decide [all claims arising out of an employer-employee
relationship or by virtue of any law or contract involving Filipino
workers for overseas employment including the disciplinary
cases.
ART. 24. Boards to Issue Rules and Collect Fees: – The Boards
shall issue appropriate rules and regulations to carry out their
functions. They shall have the power to impose and collect fees
from employers concerned, which shall be deposited in the
respective accounts of said Boards and be used by them
exclusively to promote their objectives.
ART. 20. National Seamen Board: Created to hereby develop
and maintain a comprehensive program for Filipino seamen
employed overseas.
ART. 21. Foreign Service Role and Participation: Provide ample
protection to Filipino workers abroad.
ART. 22. Mandatory Remittance of Foreign Exchange Earnings:
Mandatory for all Filipino workers abroad to remit a portion of
their foreign exchange earnings to their families, dependents,
and/or beneficiaries in the country.
ART. 23. Composition of the Boards: – (a) The OEDB shall be
composed of the Secretary of Labor and Employment as
Chairman, the Undersecretary of Labor as Vice-Chairman, and
a representative each of the Department of Foreign Affairs, the
Department of National Defense, the Central Bank, the
Department of Education, Culture and Sports, the National
Manpower and Youth Council, the Bureau of Employment
Services, a workers’ organization and an employers’
organization and the Executive Director of the OEDB as
members.
(b) The National Seamen Board shall be composed of the
Secretary of Labor and Employment as Chairman, the
Undersecretary of Labor as Vice-Chairman, the Commandant of
the Philippine Coast Guard, and a representative each of the
Department of Foreign Affairs, the Department of Education,
Culture and Sports, the Central Bank, the Maritime Industry
Authority, the Bureau of Employment Services, a national
shipping association and the Executive Director of the NSB as
members.
The members of the Boards shall receive allowances to be
determined by the Board which shall not be more than
P2,000.00 per month.
(c) The Boards shall be attached to the Department of Labor for
policy and program coordination. They shall each be assisted by
a Secretariat headed by an Executive Director who shall be a
Filipino citizen with sufficient experience in manpower
administration, including overseas employment activities. The
Executive Director shall be appointed by the President of the
Philippines upon the recommendation of the Secretary of Labor
and shall receive an annual salary as fixed by law. The Secretary
of Labor shall appoint the other members of the Secretariat.
(d) The Auditor General shall appoint his representative to the
Boards to audit their respective accounts in accordance with
auditing laws and pertinent rules and regulations.
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