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VII. WORKING CONDITIONS FOR SPECIAL GROUPS APPRENTICES, LEARNERS, AND…

- - - - ANTI-AGE DISCRIMINATION LAW
        
        Section 2. Declaration of Policies. - The State shall promote equal opportunities in
        employment for everyone. State policies:
        (a) Promote employment of individuals:
        ● on the basis of their abilities, knowledge, skills and qualifications
        ● rather than their age.
        (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
        ○ Promotion
        ○ Training
        ○ And other employment opportunities.
        
        Section 3. Definition of Terms.
        (a) Employee - a person who:
        ● Performs professional, managerial or administrative work
        ● And is paid salaries by the employer as compensation for services rendered;
        
        (b) Employer - any person,
        ● natural or juridical,
        ● employing the services of an employee or worker
        ● and shall include:
        ○ the government and all its branches, subdivisions and instrumentalities,
        ○ all government-owned and -controlled corporations,
        ○ and government financial institutions
        ○ as well as nonprofit private institutions or organizations;
        
        (c) Job applicant - a person who applies for employment;
        
        (d) Labor contractor - any person or an agent of that person
        ● who regularly undertakes,
        ● with or without compensation,
        ● the procurement of employees or workers for an employer, or the procurement for
        employees’ or workers’ opportunities to work for an employer;
        
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        Section 4. Coverage. - The provisions of this Act shall apply to all
        ● employers,
        ● labor contractors or subcontractors, if any,
        ● and labor organizations
        
        PROHIBITION ON DISCRIMINATION
        BASED ON AGE
        Section 5. Prohibition of Discrimination in Employment on Account of Age -
        
        EMPLOYER, UNLAWFUL FOR THEM TO:
        
        Print or publish, or cause to be printed or published, in any form of media, including the internet:
        ● any notice of advertisement relating to employment
        ● suggesting preferences, limitations, specifications, and discrimination based on age;
        
        Require the declaration of age or birth date during the application process;
        
        Decline any employment application because of the individual’s age;
        
        Discriminate against an individual
        ● in terms of compensation, terms and conditions or privileges of employment
        ● on account of such individual’s age;
        
        Deny any employee’s or worker’s promotion or opportunity for training because of age;
        
        Forcibly lay off an employee or worker because of old age; or
        
        Impose early retirement on the basis of such employee’s or worker’s age.
        
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        EXCEPTIONS
        (Sec. 6)
        
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        TOOK EFFECT, JULY 27, 2015
      - DEFINITIONS
        DEFINITIONS (LC IRR) SECTION 2. ● “Home” means any room, house, apartment, or other premises used regularly, in whole or in part, as a dwelling place, except those situated within the premises or compound of an employer, contractor, and the work performed therein is under the active or personal supervision by, or for, the latter. ● “Contractor” or “sub-contractor” means any person who, for the account or benefit of an employer, delivers or caused to be delivered to a homeworker goods or articles to be processed in or about his home and thereafter to be returned, disposed of or distributed in accordance with the direction of the employer. ● “Processing” means manufacturing, fabricating, finishing, repairing, altering, packing, wrapping or handling any material. (Book III, Rule XIV)
        
        HOMEWORKERS REQS
        SECTION 1. … Any homeworker who
        
        PERFORMS IN HOME
        performs in or about his home
        
        ANY PROCESSING OF GOODS
        a. FURNISHED by ER, IN/DIRECTLY
        b. TO BE RETURNED
        any processing of goods or materials, in whole or in part,
        which have been furnished directly or indirectly by an employer and
        thereafter to be returned to the latter. (Book III, Rule XIV)
        
        WHO ARE EMPLOYERS OF HOMEWORKERS:
        WHO ARE “EMPLOYERS” OF HOMEWORKERS (LC)
        
        ART. 153. 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.
        
        WHO REGULATES EMPLOYMENT OF HOMEWORKERS (LC)
        
        GOVERNMENT: ART. 151. 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. 152. 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.
        
        PAYMENT (LC IRR)
        HOW PAYMENT DONE
        SECTION 3.
        a. Immediately upon receipt of the finished goods or articles, the employer shall pay the homeworker or the contractor or sub-contractor, as the case may be, for the work performed;
        i. QLF: Where payment is made to a contractor or sub-contractor, the homeworker shall be paid within the week after the contractor or sub-contractor has collected the goods or articles from the homeworkers.
        b. The Secretary of Labor and Employment shall from time to time establish the standard minimum piece or output rate in appropriate orders for the particular work or processing to be performed by the homeworkers. (Book III, Rule XIV)
        
        CONDITIONS FOR DEDUCTION IN PAYMENT
        SECTION 4.
        GEN: No employee, contractor, or sub-contractor shall make any deduction from the homeworker’s earnings for the value of materials which have been lost, destroyed, soiled or otherwise damaged
        EXC: unless the following conditions are met:
        a. The homeworker concerned is clearly shown to be responsible for the loss or damage;
        b. The employee is given reasonable opportunity to show cause why deductions should not be made;
        c. The amount of such deduction is fair and reasonable and shall not exceed the actual loss or damages; and
        d. he deduction is made at such rate that the amount deducted does not exceed 20% of the homeworker’s earnings in a week. (Book III, Rule XIV
        
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    - - ● Provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development including child labor and its worst forms;
        
        ● Provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination.
        
        ● Protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control
        
        ○ The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention on the Rights of the Child.
        
        ● Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life."
        
        ○ The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same.
      - DEFINITION OF TERMS
        (Sec. 3)
        
        Children
        (a) "Children" refers to
        ● person below eighteen (18) years of age or
        ● those over but are unable to fully take care of themselves or protect themselves
        from abuse, neglect, cruelty, exploitation or discrimination because of a physical or
        mental disability or condition
        
        Child Abuse
        (b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
        includes any of the following:
        
        Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
        maltreatment;
        
        Any act by deeds or words which debases, degrades or demeans the intrinsic worth
        and dignity of a child as a human being;
        
        Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
        
        Failure to immediately give medical treatment to an injured child resulting in serious
        impairment of his growth and development or in his permanent incapacity or death.
        
        Circumstances which gravely threaten or endanger the survival and
        normal development of children
        (c) "Circumstances which gravely threaten or endanger the survival and normal
        development of children" include, but are not limited to, the following;
        
        Being in a community where there is armed conflict or being affected by armed
        conflict-related activities;
        
        Working under conditions hazardous to life, safety and normal which unduly interfere
        with their normal development;
        
        Living in or fending for themselves in the streets of urban or rural areas without the
        care of parents or a guardian or basic services needed for a good quality of life;
        
        Being a member of a indigenous cultural community and/or living under
        conditions of extreme poverty or in an area which is underdeveloped and/or lacks or
        has inadequate access to basic services needed for a good quality of life;
        
        Being a victim of a man-made or natural disaster or calamity; or
        
        Circumstances analogous to those above stated which endanger the life, safety or
        normal development of children.
        
        Comprehensive program against child abuse, exploitation and
        discrimination
        (d) "Comprehensive program against child abuse, exploitation and discrimination" refers
        to the coordinated program of services and facilities to protected children against:
        
        Child Prostitution and other sexual abuse;
        
        Child trafficking;
        
        Obscene publications and indecent shows;
        
        Other acts of abuses; and
        
        Circumstances which threaten or endanger the survival and normal development of
        children.
        
        C. WORKING CHILDREN
        
        BELOW 15, NOT EMPLOYED
        Children below fifteen (15) years of age shall not be employed (Sec. 12).
        
        Exception (Sec. 12)
        
        When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed
        a. QLF:
        i. his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development
        ii. parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education;
        
        Where a child's employment or participation in public entertainment or information
        through cinema, theater, radio, television or other forms of media is essential:
        a. QLF:
        i. The employment contract is
        1) concluded by the child's parents or legal guardian,
        2) with the express agreement of the child concerned, if possible and
        3) the approval of the Department of Labor and Employment:
        ii. The following requirements in all instances are strictly complied with:
        1) The employer shall ensure the protection, health, safety, morals and normal development of the child;
        2) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and
        3) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child.
        
        PERMIT FROM DOLE
        REQ: In the above-exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements.
        NOTE: For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age.
        
        D. NON-FORMAL EDUCATION FOR WORKING CHILDREN (Sec. 13)
        
        EDUCATION, FORMAL OR INFORMAL, MUST BE PROVIDED
        GEN: No child shall be deprived of formal or non-formal education.
        
        EMPLOYER MUST PROVIDE PRIMARY & SECONDARY EDUCATION
        In all cases of employment allowed in this Act, the employer shall provide a working child with access to at least primary and secondary education.
        
        DUTIES OF DEPED TO ENSURE & GUARANTEE ACCESS TO EDUCATION & TRAINING:
        ● To ensure and guarantee the access of the working child to education and training, the Department of Education (DEPED) shall:
        
        COURSES
        formulate, promulgate, and implement relevant and effective course designs and educational programs;
        
        TRAINING
        conduct the necessary training for the implementation of the appropriate curriculum for the purpose;
        
        FACILITIES
        ensure the availability of the needed educational facilities and materials; and
        
        RESEARCH & DEVELOPMENT
        conduct continuing research and development program for the necessary and relevant alternative education of the working child.
        
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        E. PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN ADVERTISEMENTS
        
        No child shall be employed as a model in any advertisement directly or indirectly promoting
        ● alcoholic beverages,
        ● intoxicating drinks,
        ● tobacco and its byproducts,
        ● gambling or
        ● any form of violence or pornography.
        
        F. DUTY OF EMPLOYER
        (Sec. 15)
        
        DUTIES OF EMPLOYER:
        Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. 603:
        
        REPORT TO DOLE
        a. ALL CHILDREN EMPLOYED
        
        REGISTER OF ALL CHILDREN
        
        SEPARATE FILE FOR
        a. WRITTEN CONSENT OF PARENTS/GUARDIANS
        b. EDUCATIONAL & MEDICAL CERTIIFCATES
        c. SPECIAL WORK PERMITS
        -i. ISSUED BY DOLE
        
        Submit to DOLE a report of all children employed by them (Art. 108, PD 603);
        
        Keep a register of all children employed by them;
        
        Keep a separate file for: the written consent to their employment given by their parents or guardians, their educational and medical certificates; and special work permits issued by the Secretary of Labor in accordance with existing laws (Art. 109, PD 603)
        
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  - - - ● Facilities for Women: The Secretary, in appropriate cases, shall, by regulations, require any employer to: (a) provide seats proper for women; (b) establish a separate toilet rooms and lavatories for women and men, and provide at least a dressing room for women; (c) establish a nursery in a workplace for the benefit of the women employees; and (d) determine appropriate minimum age and other standards for retirement or termination in special occupations (e.g. flight attendants) (LC, Art. 130)
        
        ● Incentives for Family Planning: DOLE in coordination with other government agencies engaged in the promotion of family planning, shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment or enterprise (LC, Art. 132b)
        
        ○ Facilities for women employees — Subject to the approval of the Secretary, the Bureau of Women and Young Workers shall, within thirty (30) days from the effective date of these Rules, determine in an appropriate issuance the work situations for which the facilities enumerated in Article 131 of the Code shall be provided, as well as the appropriate minimum age and other standards for retirement or termination of employment in special occupations in which women are employed (IRR B3 R12, sec.14)
    - - ● Relation to agreements: Nothing in the IRR shall prevent the employer and his employees or their representatives from entering into any agreement with terms more favorable to the employees than those provided herein, or be used to diminish any benefit granted to the employees under existing laws, agreements, and voluntary employer practices (IRR, B3 R12, sec. 12)
        
        ● Facilities for Women: The Secretary, in appropriate cases, shall, by regulations, require any employer to: (a) provide seats proper for women; (b) establish a separate toilet rooms and lavatories for women and men, and provide at least a dressing room for women; (c) establish a nursery in a workplace for the benefit of the women employees; and (d) determine appropriate minimum age and other standards for retirement or termination in special occupations (e.g. flight attendants) (LC, Art. 130)
        
        ● Discrimination Prohibited: It shall be unlawful for any employer to discriminate against any women employee with respect to terms and conditions of employement solely on account of her sex
        
        ○ The following are acts of discrimination: (a) payment of lesser compensation in comparison to her male counterpart for the work of equal value; (b) favoring a male employee over a femal employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes
        
        ○ Acts under this article are punishable under Article 288 (Other similar coercions) and 289 Formation, maintenance and prohibition of combination of capital or labor through violence or threats) RPC (LC, Art. 133)
        
        ● 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 dissmes, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage (LC, Art. 134; IRR, B3 R12, sec. 13e)
        
        ● Prohibited Acts: It shall be unlawful for any employer to:
        ○ (1) Deny any woman employee the benefits provided in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any benefits provided under this Code;
        ○ (2) Discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy;
        ○ (3) Discharge or refuse the admission of such women upon returning to her work for fear that she may again be pregnant (LC, Art. 135; IRR, B3 R12, sec.13a-c)
        ○ (4) Discharge any woman or any other employee for having filed a complaint or having testified or being about to testify under the Labor Code (IRR, B3 R12, sec. 13d)
        
        ● Classification of Certain Women Workers: Any woman permitted or suffered to work, with or without compensation, in a nightclub, 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, shall be considered as an employee of such establishment for purpose of labor and social legislation (LC, Art. 136)
        
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      - FAMILY PLANNING
        
        FAMILY PLANNING
        ● Family Planning Services: Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees (e.g. application or use of contraceptive pills and intrauterine devices) (LC, Art. 132a)
        ● Family planning services: Employers who habitually employ more than two hundred (200) workers in any locality shall provide free family-planning services to their employees and their spouses (IRR, B3 R12, sec. 11)
        
        MATERNITY LEAVE
        
        ● Maternity leave benefits: A female member who has paid at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her average daily salary credit for sixty (60) days or seventy-eight (78) days in case of caesarian delivery, subject to the following conditions:
        
        ○ (a) That the employee shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide;
        ○ (b) The full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application;
        ○ (c) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided by this Act for the same period for which daily maternity benefits have been received;
        ○ (d) That the maternity benefits provided under this section shall be paid only for the first four (4) deliveries or miscarriages;
        ○ (e) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity benefits advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof; and
        ○ (f) That if an employee member should give birth or suffer miscarriage without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to (RA 8292, sec. 14-A)
        
        ● Maternity leave benefits: Every employer shall grant to a pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months immediately preceding the expected date of delivery, or the complete abortion or miscarriage, maternity leave of at least two (2) weeks before and four (4) weeks after the delivery, miscarriage or abortion, with full pay based on her regular or average weekly wages (IRR, B3 R12, sec. 7)
        
        ● Accreditation of leave benefits: Where the pregnant woman employee fails to avail of the twoweek pre-delivery leave, or any portion thereof, the same shall be added to her post-delivery leave with pay (IRR, B3 R12, sec. 8)
        
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        AGRICULTURAL WORK
        
        ● Agricultural work: No woman, regardless of age, shall be permitted or suffered to work, with or without compensation, in any agricultural undertaking at night time unless she is given a rest period of not less than nine (9) consecutive hours, subject to the provisions of Section 5 (Night work of women employees) of this Rule (IRR, B3 R12, sec. 6)
        
        NIGHT WORK
        
        REPEALED LAWS
        
        Repealed by RA 10151] Nightwork prohibition: No woman, regardless of age, shall be employed or
        permitted or suffered to work, with or without compensation:
        a. In any industrial undertaking or branch thereof between ten o’clock at night and six o’clock in the
        morning of the following day; or
        b. In any commercial or non-industrial undertaking or branch thereof, other than agricultural,
        between midnight and six o’clock in the morning of the following day; or
        c. In any agricultural undertaking at nighttime unless she is given a period of rest of not less than
        nine (9) consecutive hours (LC, Art. 130)
        
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        Night work of women employees: Any woman employed in any industrial undertaking may be allowed to work beyond 10:00 o'clock at night, or beyond 12:00 o'clock midnight in the case of women employees of commercial or non-industrial enterprises, in any of the following cases:
        a. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquakes, epidemic or other disaster or calamity, to prevent loss of life or property or in cases of force majeure or imminent danger to public safety;
        b. In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer;
        c. Where the work is necessary to prevent serious loss of perishable goods;
        d. Where the woman employee holds a responsible position of a managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services;
        e. Where the nature of the work requires the manual skill and dexterity of women and the same cannot be performed with equal efficiency by male workers or where the employment of women is the established practice in the enterprises concerned on the date these Rules become effective; and
        f. Where the women employees are immediate members of the family operating the establishment or undertaking (IRR, B3 S12, sec. 5)
        
        MAGNA CARTA FOR WOMEN
        
        RA 9710 institutionalized additional rights for women to eliminate discrimination based on international law. The goal of the Magna Carta is substantive equality (i.e. de jure and de facto equality).
        Section 4 clarifies some terms:
        ● “Women Empowerment” refers to equality
        ○ Equality, however, includes “Gender Equality” and “Gender Equity”
        ■ On one hand, “Gender Equality” refers to the principle asserting the equality of men and women and their right to enjoy equal conditions realizing their full human potentials
        ■ On the other, “Gender Equity” refers to the policies, instruments, programs, services, and actions that address the disadvantaged position of women in society by providing preferential treatment and affirmative action
        ● Note that these special measure are merely temporary, and shall not be considered discriminatory against men
        ● This is meant to accelerate the de facto equality, but must be discontinued when the objective of equality have been achieved
        ● “Discrimination Agaist Women” includes any gender-based distiinction, exzclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women
        ○ It includes discrimination compounded by or intersecting with other grounds, status, or
        conditions (e.g. ethnicity, age, poverty, religion
        
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        SEXUAL HARASSMENT
        
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