August 3rd, 2008 — Labor Code of the Philippines, Labor and Social Legislation
A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE
PRELIMINARY TITLE
Chapter I
GENERAL PROVISIONS
August 3rd, 2008 — Labor Code of the Philippines, Labor and Social Legislation
BOOK ONE: PRE-EMPLOYMENT
Art. 12. Statement of objectives. It is the policy of the State:
1. To promote and maintain a state of full employment through improved manpower training, allocation and utilization;
2. To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and conditions of employment;
August 3rd, 2008 — Labor Code of the Philippines, Labor and Social Legislation
BOOK TWO
HUMAN RESOURCES DEVELOPMENT PROGRAM
Title I
NATIONAL MANPOWER DEVELOPMENT PROGRAM
Chapter I
NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY
FOR THEIR IMPLEMENTATION
ART. 43. Statement of objective. – It is the objective of this Title to develop human resources, establish training institutions, and formulate such plans and programs as will ensure efficient allocation, development and utilization of the nation’s manpower and thereby promote employment and accelerate economic and social growth.
August 3rd, 2008 — Labor Code of the Philippines, Labor and Social Legislation
BOOK THREE
CONDITIONS OF EMPLOYMENT
Title I: WORKING CONDITIONS AND REST PERIODS
Chapter I
HOURS OF WORK
ART. 82. Coverage. – The provisions of this Title shall apply to employees in all establishments and undertakings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.
August 3rd, 2008 — Labor Code of the Philippines, Labor and Social Legislation
BOOK FOUR
HEALTH, SAFETY
AND SOCIAL WELFARE BENEFITS
Title I
MEDICAL, DENTAL
AND OCCUPATIONAL SAFETY
Chapter I
MEDICAL AND DENTAL SERVICES
ART. 156. First-aid treatment. – Every employer shall keep in his establishment such first-aid medicines and equipment as the nature and conditions of work may require, in accordance with such regulations as the Department of Labor and Employment shall prescribe.
August 3rd, 2008 — Labor Code of the Philippines, Labor and Social Legislation
BOOK FIVE
LABOR RELATIONS
Title I
POLICY AND DEFINITIONS
Chapter I
POLICY
ART. 211. Declaration of Policy. – A. It is the policy of the State:
(a) To promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes;
August 3rd, 2008 — Labor Code of the Philippines, Labor and Social Legislation
BOOK SIX
POST EMPLOYMENT
Title I
TERMINATION OF EMPLOYMENT
ART. 278. Coverage. – The provisions of this Title shall apply to all establishments or undertakings, whether for profit or not.
ART. 279. Security of tenure. – In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989).
ART. 280. Regular and casual employment. – The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
August 3rd, 2008 — Labor Code of the Philippines, Labor and Social Legislation
BOOK SEVEN
TRANSITORY AND FINAL PROVISIONS
Title I
PENAL PROVISIONS AND LIABILITIES
ART. 288. Penalties. – Except as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court.
