1.

Fundamental Principles & Special Laws

• What is needed so that the Labor Code will apply?What are the Supplementary Special Laws
on Labor?
📌 several key conditions must typically be met. These conditions vary slightly by jurisdiction, but
common factors include:

1. Employer-Employee Relationship
The primary condition is the presence of an employer-employee relationship. This is often
determined using the four-fold test:

Selection and hiring of the employee by the employer.

Payment of wages or salary to the employee.

Power of control over how the employee performs the work, meaning the employer has the
authority to dictate the manner in which the job is performed.

Power of dismissal, or the right of the employer to terminate the employment.

2. Employment Covered by the Code

The Labor Code generally applies to employees working in formal employment situations, which
excludes independent contractors, self-employed individuals, or informal workers (unless
otherwise specified by special laws).
Special employment relationships such as apprentices, probationary employees, and trainees
may also be covered under specific provisions of the Labor Code.

3. Jurisdiction of the Labor Code

The Labor Code applies within a particular jurisdiction (e.g., within a specific country or region).
For instance, national labor laws apply to employees working within that country’s borders, and
multinational agreements or treaties may affect its application to expatriates or foreign workers.

4. Compliance with Minimum Legal Requirements

The Labor Code is typically triggered when employers and employees comply with certain legal
requirements, such as:

Minimum wage laws.

Working hours regulations.

Overtime pay and other benefits mandated by the law.

Occupational safety and health standards.

5. Special Laws and Regulations
In many jurisdictions, special labor laws supplement the Labor Code. These laws may apply to
specific industries (e.g., public service, transportation, healthcare) or particular categories of
workers (e.g., women, minors, migrant workers).

Special laws may enhance the protections provided by the Labor Code or introduce additional
obligations for employers and employees in specific sectors.

6. Public Policy Exceptions

Some provisions of the Labor Code apply universally regardless of the employment relationship
or special contracts. For example, laws concerning human rights at work, protection against
discrimination, and basic labor rights such as the right to organize are often considered non-
negotiable and apply even if other conditions are not met.

In summary, for the Labor Code to apply in the context of Fundamental Principles & Special
Laws, there must be an employer-employee relationship, compliance with jurisdictional rules
and labor standards, and possibly the influence of special laws depending on the sector or
worker type.

2. Management/Workers Right
• What are the safeguards to balance the rights of Management and Workers?
📌 balancing the rights of management and workers is critical to ensure fair working conditions,
promote industrial harmony, and protect both sides. Safeguards exist within labor legislation to
address potential conflicts and ensure that neither party’s rights are disproportionately affected.
Key safeguards include:

1. Collective Bargaining Rights

Workers: Labor laws provide workers the right to organize and engage in collective bargaining
through unions, allowing them to negotiate terms of employment (e.g., wages, working
conditions) with management.

Management: Employers have the right to participate in collective bargaining processes and
may negotiate for terms that are sustainable for the business.

2. Right to Strike and Lockouts

Workers: Labor laws recognize the right of workers to strike if disputes with management over
wages or working conditions cannot be resolved. However, these strikes are often subject to
procedural requirements to ensure they are lawful (e.g., notice periods, mediation attempts).

Management: Employers may institute lockouts in certain cases, temporarily closing operations
during labor disputes, as long as they comply with legal standards. Both parties must follow
legal procedures to avoid illegal strikes or lockouts.
3. Minimum Wage and Wage Regulation
Workers: Minimum wage laws set a baseline standard for wages, ensuring that workers receive
fair compensation for their labor.

Management: Employers are allowed to pay wages that align with the financial capacity of the
business, as long as they meet or exceed the minimum wage.

4. Health and Safety Protections

Workers: Labor laws mandate that employers provide safe working conditions, protecting
workers from workplace hazards. Employers must comply with health and safety regulations.

Management: Employers have the right to establish safety protocols, and workers must comply
with these rules to ensure a safe working environment. Workers can also be penalized for not
following safety standards.

5. Anti-Discrimination Laws
Workers: Workers are protected from discrimination based on race, gender, religion, disability,
or other protected categories under labor law, ensuring equal opportunities in hiring, promotion,
and working conditions.

Management: Employers retain the right to make employment decisions based on legitimate
business needs, such as qualifications, experience, and performance, provided they do not
discriminate unlawfully.

6. Right to Fair Dismissal

Workers: Labor legislation often protects workers from unfair dismissal, requiring employers to
justify termination based on performance, misconduct, or operational needs. Workers may be
entitled to severance pay and have the right to challenge wrongful terminations.

Management: Employers have the right to terminate employees for valid reasons, provided that
due process is followed, such as warnings, disciplinary action, or restructuring requirements.

7. Working Hours and Overtime Regulation

Workers: Labor laws often cap the number of hours an employee can work per day or week and
establish mandatory overtime pay for work beyond standard hours.

Management: Employers can set work schedules based on business needs but must adhere to
regulations regarding overtime compensation and rest periods.

8. Dispute Resolution Mechanisms

Workers: Labor laws typically provide access to dispute resolution mechanisms, such as labor
courts, arbitration, or mediation, to resolve conflicts between workers and management.
Management: Employers also have the right to access legal channels to resolve disputes with
employees, ensuring that both sides can pursue legal remedies in case of disagreements.

9. Social Security and Benefits

Workers: Labor laws require employers to contribute to social security systems that provide
benefits such as unemployment insurance, healthcare, and pensions to workers.

Management: Employers may offer additional benefits beyond the legal minimum, but labor
laws ensure that the employer’s obligations are clear and defined.

These safeguards are typically enforced through legislation, regulatory bodies, and courts that
oversee compliance with labor laws.

3. Classes of Workers
• What are the different types of workers and what is the prescribe wage for each type?
📌 In labor law, workers are often classified into different categories based on their employment
terms, duties, or the nature of the work. These classifications vary depending on the country
and its specific labor laws, but here are some common categories and the concept of prescribed
wages for each type:

1. Regular or Permanent Workers

Description: These workers are employed for an indefinite period, usually working full-time with
benefits like health insurance, retirement plans, and paid leave.
Prescribed Wage: Usually, regular workers must be paid at least the minimum wage set by the
government. In addition, labor laws might require overtime pay, holiday pay, and bonuses in
certain jurisdictions.

2. Casual or Temporary Workers

Description: Casual or temporary workers are hired for short-term work or specific projects.
Their employment is typically not continuous, and they may not be entitled to benefits such as
paid leave or insurance.
Prescribed Wage: These workers are also entitled to at least the minimum wage. In some
cases, due to the lack of benefits, casual workers may receive a higher hourly rate compared to
permanent workers to compensate for the lack of job security and benefits.

3. Part-Time Workers
Description: Part-time workers work fewer hours compared to full-time employees. They often
have similar protections as regular workers but may not qualify for full benefits.
Prescribed Wage: Part-time workers are generally paid on a pro-rata basis according to the
hours they work, ensuring their pay is aligned with the minimum wage or higher.
4. Apprentices and Trainees
Description: Apprentices and trainees are workers who are gaining skills or qualifications on the
job. Their employment is usually part of an education or training program.
Prescribed Wage: Wage rates for apprentices and trainees are often lower than regular
workers, but they are usually entitled to incremental increases as they gain experience and
skills. Specific rates may be set by the law or collective agreements.

5. Piece-rate Workers
Description: Piece-rate workers are paid based on the amount of work they complete, such as
units produced or tasks finished.
Prescribed Wage: Labor laws in many countries require that piece-rate workers still earn at least
the minimum wage when their earnings are averaged out based on hours worked.

6. Seasonal Workers
Description: Seasonal workers are hired to perform work during specific periods of the year,
often linked to agricultural cycles, tourism, or holiday seasons.
Prescribed Wage: Like casual workers, they are entitled to the minimum wage and any other
statutory benefits depending on the laws of the jurisdiction. Seasonal workers may also be
entitled to additional compensation for working during peak periods.

7. Contract Workers
Description: These workers are employed under fixed-term contracts, typically for a specific
project or period. Their employment ends upon completion of the contract.
Prescribed Wage: Contract workers are often paid based on the terms of their contract, but their
wage must still comply with minimum wage laws. Depending on the country, they may also be
entitled to benefits similar to those of regular workers.

8. Unionized Workers
Description: Workers who are members of a union may have their wages and conditions
governed by collective bargaining agreements (CBAs).
Prescribed Wage: The wages for unionized workers are usually negotiated through CBAs,
which often result in higher wages and better conditions compared to non-unionized workers.

9. Independent Contractors (Freelancers)

Description: Independent contractors are self-employed individuals who provide services to
companies but are not considered employees.
Prescribed Wage: Since they are not classified as employees, independent contractors are not
subject to minimum wage laws. Instead, they negotiate their own rates and are responsible for
their own taxes and benefits.
Prescribed Wages:
Most countries establish a minimum wage to ensure all workers receive a fair wage for their
labor, regardless of their employment category. However, beyond minimum wage, specific
wages for different types of workers can be determined by:

Statutory Wage Rates: Some industries or occupations have legally set wage rates.

Collective Bargaining Agreements: Unions often negotiate wage scales based on skill levels,
experience, and other factors.

Government Wage Orders: Some countries issue wage orders that specify rates for certain
sectors or regions.

Wages can also vary depending on factors like overtime, holiday pay, or specific job conditions.
It is important to refer to local labor laws or wage boards for precise details based on the
jurisdiction.

Metro Manila (NCR): The minimum wage ranges from PHP 608 to PHP 645 per day depending
on the sector. For non-agricultural workers, the rate increased from PHP 610 to PHP 645, and
for agriculture workers, from PHP 573 to PHP 608.

Calabarzon (Region IV-A): The rate is around PHP 420 to PHP 450 for non-agricultural workers,
with slight variations based on location and industry.

Central Visayas (Region VII): The wage varies from PHP 453 to PHP 501 depending on the
class of the city or municipality.

1. regular employment- lahat ng benefits

2. probationary employment- trial period para sa mga bagong hired, nagtatagal ng 6 months.
ang employer ang mag assesses kung pasok ba sya sa performance or trabaho or hindi not
eligible for all benefits until they become regular
3.fixed term employment - may contract lamang sila na sinusunod. Same minimum wage and
other benefits pero kapag natapos na ang employment nila hindi na ito i-renew.
4. seasonal employment- need sila tuwing season ex. Christmas taga bigay ng merchandise
tuwing pasko. same benefits and minimum wage during employment period.
5. Project employee- mga temporary empleyado na short term job or natanggap for specific a
job like construction or event. Kapag natapos na ang trabaho nila, tapos na rin ang kanilang
pagtatrabaho doon sa company.
6. casual employment- mga trabahong hindi main point yung essential. like sila yung mga
dishwasher, assisting sa isang restaurant. same minimum wage but hindi lahat ng benefits.
-minimun wage sa NCR ay 645
non agriculture: 570-619 per day
agriculture: 573 per day

- Other Regions:
- Non-Agriculture: Ranges from ₱306 to ₱500 per day, depending on the region.
- Agriculture: Ranges from ₱306 to ₱470 per day, depending on the region

4. Recruitment of Local and Migrant Workers

• Define Recruitment and Placement?
📌Recruitment is the process of identifying, attracting, and selecting qualified candidates for a
job or position within an organization. It involves activities such as job posting, sourcing potential
candidates, screening applications, interviewing, and making hiring decisions. The goal is to
ensure the organization fills its job vacancies with the most suitable candidates.

Placement refers to the process of assigning a selected candidate to a specific job role within
the organization after the recruitment process is complete. It involves matching the skills,
qualifications, and preferences of the candidate with the requirements of the job to ensure they
are placed in a position where they can perform effectively.

📌 Recruitment and Placement

1. Any act of Canvassing, Enlisting, Transporting, Contracting, Hiring, Utilizing, or Procuring
workers and
2. Includes Contract services, Referrals, Advertising or Promising 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.
-Article 13(b), Labor Code

NOTE: the acts of recruitment and placement are not limited to overseas employment because
of “locally or abroad.”

• What are the Types of illegal recruitment?

Illegal recruitment and other prohibited activities Elements
📌 In labor law and legislation, illegal recruitment and other prohibited activities are specific acts
that violate legal provisions related to the hiring and placement of workers. These activities are
usually regulated to protect workers from exploitation, fraud, and abuse, both in local and
overseas employment. The elements of illegal recruitment and prohibited activities are typically
outlined in national labor laws, employment codes, and international conventions.
1. Illegal Recruitment (Labor Law Elements)
Illegal recruitment generally refers to recruitment practices that violate legal requirements for
hiring workers, especially for employment abroad. The elements of illegal recruitment under
labor laws can vary slightly between jurisdictions, but they often include:

a. Lack of License or AuthorizationUnlicensed Recruitment: Engaging in the recruitment or

placement of workers without securing the required license from a governing body (e.g.,
Department of Labor and Employment or the Philippine Overseas Employment Administration).

Suspended/Revoked License: Continuing recruitment despite a suspended or revoked license.

b. False Representation
Fraudulent Job Offers: Advertising or offering jobs that do not exist or misrepresent the nature of
the employment (e.g., promising high salaries or favorable work conditions).

False Credentials: Misrepresenting the qualifications required or the credentials of the employer.

c. Excessive Fees and Overcharging

Charging Illegal Fees: Collecting fees from job seekers in amounts that exceed the legally
permitted limits, or charging for services that should be free (e.g., visa processing or medical
exams).

Unauthorized Deductions: Deducting money from a worker’s salary for recruitment fees, often
leaving them underpaid.

d. Non-compliance with Job Contracts

Absence of Employment Contract: Failure to provide a legally binding employment contract
outlining job terms, wages, and working conditions.

Contract Substitution: Replacing an agreed-upon contract with a different one upon the worker’s
arrival, usually with less favorable terms.

e. Unauthorized Overseas Recruitment

Recruiting for Unapproved Employment: Sending workers abroad without proper authorization
from government agencies, or to countries not approved for migrant work due to safety or legal
concerns.

f. Failure to Repatriate
Abandonment: Failing to arrange for the return of workers after their contracts end, especially in
overseas recruitment.
2. Other Prohibited Activities in Labor Law
In addition to illegal recruitment, labor laws and international conventions (like the ILO
Conventions) prohibit a range of other activities related to the recruitment and employment of
workers:

a. Human Trafficking and Forced Labor

Exploitation: Recruiting workers for the purpose of exploitation, including forced labor, debt
bondage, or human trafficking.

Coercion: Using threats, violence, or deception to force individuals into employment.

b. Child Labor
Underage Recruitment: Hiring workers below the minimum legal working age as established by
child labor laws.

Dangerous Work Conditions: Employing minors in hazardous work environments that are
prohibited by law.

c. Illegal Contract Substitution

Replacing Contracts: Substituting contracts after recruitment, leading to worse conditions for the
worker than initially agreed upon.

d. Failure to Register Workers

No Registration: Failing to register workers with the relevant government agencies, often to
avoid compliance with legal labor protections and benefits such as social security and
healthcare.

e. Discrimination and Unfair Labor Practices

Discrimination in Recruitment: Refusing to hire workers based on race, gender, religion, or other
protected characteristics.

Unlawful Dismissals: Terminating workers in violation of laws governing employment

protections, without just cause or due process.

f. Unlawful Wage Practices

Underpayment of Wages: Paying workers less than the legally mandated minimum wage or
withholding wages altogether.

Delayed Payment: Failing to pay wages in a timely manner as required by law.

g. Document Fraud
Falsification of Documents: Producing or using false documents in the recruitment process,
such as visas, work permits, or credentials.
Confiscation of Passports: Retaining workers' passports to limit their freedom or ability to leave
their employment.

3. Penalties for Illegal Recruitment and Prohibited Activities

Labor laws typically impose severe penalties for individuals or agencies involved in illegal
recruitment or other prohibited activities. Penalties may include:

Fines: Financial penalties can be imposed on agencies or recruiters violating the laws.

Imprisonment: Criminal liability may lead to imprisonment, especially for serious offenses like
human trafficking or exploitation.

License Revocation: Recruitment agencies found guilty of illegal recruitment may have their
licenses permanently revoked.

Restitution to Workers: Victims of illegal recruitment may be entitled to compensation or

restitution from the responsible parties.

4. Legislation Framework and International Standards

Various labor laws and international agreements regulate recruitment practices:

International Labor Organization (ILO) Conventions: These include guidelines and agreements
on recruitment practices, forced labor, human trafficking, and child labor (e.g., ILO Conventions
29, 87, 98, 105, 138, 182).

National Labor Codes: Countries have their own specific labor codes or employment acts (e.g.,
the Philippine Labor Code, the Fair Labor Standards Act (FLSA) in the U.S.) that outline
prohibited recruitment practices.

Overseas Employment Regulations: Specific legislation for overseas employment, like the
Migrant Workers and Overseas Filipinos Act of 1995 (Republic Act 8042) in the Philippines,
provides additional protections for workers recruited for jobs abroad.

By addressing these prohibited activities, labor laws aim to ensure that workers are recruited
fairly and treated with dignity, while holding recruiters accountable for unlawful conduct.

📌The types of illegal recruitment under the Labor Code are the following:
1. Simple illegal recruitment
2. Illegal recruitment considered as an offense involving economic sabotage which can be
further classified to:

a. Illegal recruitment committed by a syndicate;

b. Illegal recruitment committed in a large scale.
Simple illegal recruitment or illegal recruitment covers any recruitment activity by non-licenses
or non-holders of authority. It includes the commission of prohibited practices by licenses or
holders of authority.

Illegal recruitment when committed by a syndicate or in large scale shall be considered an

offense involving economic sabotage. Illegal recruitment is committed by a syndicate when it is
committed by a group of three (3) or more persons conspiring or confederating with one
another. Illegal recruitment is committed in a large scale if committed against three (3) or more
persons.

Illegal recruitment is any act of canvassing, enlisting, contracting, transporting, utilizing, hiring,
or procuring workers and includes referring, contract services, promising or advertising for
employment abroad, whether for profit or not, when undertaken by non-licensee or non-holder
of authority. (Sec. 6, R.A. No. 8042, as amended by R.A. No. 10022)

To prove illegal recruitment, only two elements need to be shown, viz:

The offender undertakes any of the activities within the meaning of “recruitment and placement”
under Art. 13(b) of the LC, or any of the prohibited practices enumerated under Art. 34 of the
LC; and
The offender has no valid license or authority required by law to enable him to lawfully engage
in recruitment and placement of workers. (People v Chua, G.R. No. 187052, 13 Sept. 2012)

Illegal recruitment may assume in the form of simple illegal recruitment and illegal recruitment
as economic sabotage.

Simple Illegal Recruitment is committed where a licensee/non-licensee or holder/non-holder of

authority undertakes either any recruitment activities defined under Art. 13(b), or any prohibited
practices enumerated under Sec. 6 of R.A. No. 8042, as amended by R.A. No. 10022.

On the other hand, illegal recruitment is economic sabotage when complex illegal recruitment is
committed. It can either be syndicated or large scale or qualified.

Syndicated illegal recruitment is committed by a syndicate if carried out by a group of three (3)
or more persons in conspiracy or confederation with one another, while large scale or qualified
illegal recruitment is committed against three (3) or more persons individually or as a group
despite the lack of necessary license from POEA. (People v. Alzona, G.R. No. 132029, 30 July
2004)

Illegal recruitment represents a serious threat to individuals and society, characterized by

deceptive practices, significant personal and financial impacts, and complex challenges in
enforcement and prevention. Addressing this issue requires a multifaceted approach that
includes enhancing public awareness, strengthening legal frameworks, and improving
coordination among international and local agencies. By taking comprehensive measures to
combat illegal recruitment, we can better protect vulnerable individuals, uphold the integrity of
the job market, and promote fair and ethical employment practices.

• Employment of non- resident aliens

📌 Employment of non- resident aliens

-Foreigners or non-resident aliens are required to obtain an alien employment permit (AEP)
prior to working in the Philippines.

-They are prohibited from transferring employment without prior approval from the DOLE
Secretary.

-An employment contract is void if there is no alien employment permit.

° Concept
Any foreigner or alien seeking admission to the Philippines for employment purposes and any
domestic or foreign employer who desires to engage an alien for employment in the Philippines
shall obtain an alien employment permit (AEP) from the Department of Labor and Employment.
(Article 40, Labor Code)

° Requirements
The employment permit may be issued to a non-resident alien or to the applicant employer after
a determination of the non-availability of a person in the Philippines who is competent, able and
willing at the time of application to perform the services for which the alien is desired.
(Paragraph 2, Article 40, Ibid.)

For an enterprise registered in preferred areas of investments, said alien employment permit
may be issued upon recommendation of the government agency charged with the supervision
of said registered enterprise. (Paragraph 3, Article 40, Ibid.)

° Prohibition against transfer of employment

After the issuance of an alien employment permit, the alien shall not transfer to another job or
change his employer without prior approval of the DOLE Secretary. (Article 41[a], Ibid.)

Any non-resident alien who shall take up employment in violation of the foregoing rules and the
implementing rules and regulations shall be punished in accordance with the provisions of
Articles 289 and 290 of the Labor Code. (Article 41[b], Ibid.)

In addition, the alien worker shall be subject to deportation after service of his sentence.
(Paragraph 2, Article 41, Ibid.)

° No AEP, employment contract is void

Absent an employment permit, any employment relationship that a foreign national
contemplated with a local Company is void for being contrary to law. A void or inexistent
contract, in turn, has no force and effect from the beginning as if it had never been entered into.
Thus, without an Alien Employment Permit, an employment contract is void and cannot be the
source of a right or obligation. ( McBurnie v. Ganzon, EGI-Managers, Inc., G.R. Nos. 178934 &
178117, 186984-85, 17 October 2013)

5. Maternity Leave RA. 11210

• What is Maternity Leave?
📌 Maternity leave benefits are leave credits extended to covered female employees who may
want to use them during their pregnancy and even after their delivery, so that they remain paid
during such absence from work. The benefit consists of one hundred five (105) days of leave
credits with full pay, with an option to extend for an additional thirty (30) days without pay. A
female solo parent has an additional fifteen (15) days of leave credits with full pay.

Concept
Pregnant female employees, whether single or married, are extended leave credits with full pay
to be used in every instance of pregnancy, miscarriage or emergency termination of pregnancy,
regardless of frequency.

• What are the benefits provided by the Maternity Law RA 11210?

What are the rules to avail Maternity Benefits?

📌The benefit
The benefit consists of one hundred five (105) days maternity leave with full pay and an option
to extend for an additional thirty (30) days without pay.

For a qualified solo parent, the female employee is granted an additional fifteen (15) days
maternity leave with full pay.

Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage
or emergency termination of pregnancy, regardless of frequency: Provided, That for cases of
miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay
shall be granted.

📌An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of
the female worker: Provided, That the employer shall be given due notice, in writing, at least
forty-five (45) days before the end of her maternity leave: Provided, further, That no prior notice
shall be necessary in the event of a medical emergency but subsequent notice shall be given to
the head of the agency.
a. Usage
The benefit is designed to grant a pregnant female employee leave credits to be used during or
after her pregnancy.
Enjoyment of maternity leave cannot be deferred but should be availed of either before or after
the actual period of delivery in a continuous and uninterrupted manner.

b. Bar to recovery of sickness benefits

The payment of daily maternity benefits shall bar the recovery of sickness benefits provided
under Republic Act No. 1161, as amended, for the same period for which daily maternity
benefits have been received.

c. Non-convertible to cash
The benefit is not convertible to cash. This means that the covered female employee is unable
to convert to cash the leave credits if they are unused by the end of the year – unlike service
incentive leaves. That is because the purpose of the maternity leave credits is to afford the
covered female employee the opportunity to attend to her pregnancy, delivery, and recovery.

d. Non-cumulative
The benefit is not cumulative. This means that the covered female employee cannot add the
unused leave credits in order to add such leave credits to the next pregnancy.

6. Paternity Leave R.A. 8187

• What is Paternity Leave?
📌Paternity leave is a seven (7) days of paid leave benefit that male employees in the
Philippines receive upon meeting certain conditions.
To receive this, a male employee must be married to and living with his pregnant wife to avail of
the paternity leave benefits.
Unlike maternity leave, these benefits are shouldered by the company instead of the SSS.
Mothers can transfer up to seven (7) days of their paid maternity leave to the father, shouldered
by the SSS.

What are the benefits provided by the Paternity Law RA 11210?

📌The Paternity Law RA 11210 in the Philippines, also known as the "Expanded Maternity Leave
Law," primarily focuses on maternity leave but also provides benefits related to paternity. It
extended the number of paid leaves for women but has certain provisions that can affect
paternity benefits indirectly.
Key benefits provided by the Expanded Maternity Leave Law (RA 11210) that impact fathers
include:

1. 7-Day Paternity Leave: The law ensures that fathers can avail themselves of a 7-day
paternity leave, granted under the Paternity Leave Act of 1996 (RA 8187). This is meant to
support the father during childbirth or in caring for the newborn.

2. Transfer of Maternity Leave Credits: Under RA 11210, a mother can transfer up to 7 days of
her maternity leave credits to the child's father. This is in addition to the existing 7-day paternity
leave under RA 8187, allowing the father to take a total of up to 14 days of leave in some cases.

3. Support for Solo Fathers: In cases where the father is the solo parent (e.g., due to the
mother's death or absence), additional leave benefits or flexibility may apply. This allows solo
fathers to take over maternal roles and responsibilities.

These provisions aim to promote shared parental responsibilities and strengthen the
involvement of fathers in newborn care and family support.

•What are the rules to avail Paternity Benefits?

📌 Male employees who are married to the child’s mother can avail of this benefit under the
Paternity Leave Law. Furthermore, employees in the private and public sectors can avail of this
benefit.

Paternity Leave Requirements

To enjoy the seven-day paternity leave with full pay, the male employee must qualify for the
following:

You must be a current employee (regardless of your employment status) in the company upon
your child’s birth

The male employee must be legally married to the pregnant wife

Cohabitation or living with the male employee’s legal wife

You have a pregnant wife who has given birth or who has had a miscarriage

The pregnancy coverage of the leave should be no more than four times.

The leave application should be within a reasonable period.

Note that, unlike maternity leave, the employer pays for this leave, not the Social Security
System (SSS).
When can male employees file a leave?
An employee can use paternity leave after his wife delivers their child. In addition, it can apply to
a male employee whose legal wife underwent delivery after a miscarriage. However, it is
common for male employees to file the leave two (2) days before their wives’ date of delivery.

Generally, the leave date should be within a reasonable period around the wife’s pregnancy and
delivery date. Lastly, the law requires fathers to file their leaves within 60 days of their child’s
birth.

As such, an eligible employee shall receive seven (7) days of leave credits with full pay.
Furthermore, the Department of Labor and Employment (DOLE) defines this leave as seven (7)
calendar (not working) days.

7. Solo Parents Act (Parental Leave) R.A. 11861

• What are the additional leaves granted by law to a Solo Parent?
Why are they given additional leaves?
📌 Solo parent leave benefits are leave credits extended to covered employees who are solo
parents, and who may want to use them whenever they take a leave from work to perform
parental duties, so that they remain paid during such absence from work. The benefit applies to
all solo parents. The benefit consists of seven (7) working days of leave credits with full pay.

Concept
Parental leave for solo parents or solo parent leave – refers to ‘leave benefits granted to a solo
parent to enable the performance of parental duties and responsibilities where physical
presence is required or beneficial to the child.’(R.A. 8972, as amended, Section 3[e])

b. Solo parent
Solo parent – refers to ‘any individual who falls under any of the following categories:

(a) A parent who provides sole parental care and support of the child or children due to –

(1) Birth as a consequence of rape, even without final conviction: Provided, That the mother has
the sole parental care and support of the child or children: Provided, further, That the solo
parent under this category may still be considered a solo parent under any of the categories in
this section;

(2) Death of the spouse;

(3) Detention of the spouse for at least three (3) months or service of sentence for a criminal
conviction;
(4) Physical or mental incapacity of the spouse as certified by a public or private medical
practitioner;

(5) Legal separation or de facto separation for at least six (6) months, and the solo parent is
entrusted with the sole parental care and support of the child or children;

(6) Declaration of nullity or annulment of marriage, as decreed by a court recognized by law, or

due to divorce, subject to existing laws, and the solo parent is entrusted with the sole parental
care and support of the child or children; or

(7) Abandonment by the spouse for at least six (6) months;

(b) Spouse or any family member of an Overseas Filipino Worker (OFW), or the guardian of the
child or children of an OFW: Provided, That the said OFW belongs to the low/semi-skilled
worker category and is away from the Philippines for an uninterrupted period of twelve (12)
months: Provided, further, That the OFW, his or her spouse, family member, or guardian of the
child or children of an OFW falls under the requirements of this section;

(c) Unmarried mother or father who keeps and rears the child or children;

(d) Any legal guardian, adoptive or foster parent who solely provides parental care and support
to a child or children;

(e) Any relative within fourth (4th) civil degree of consanguinity or affinity of the parent or legal
guardian who assumes parental care and support of the child or children as a result of the
death, abandonment, disappearance or absence of the parents or solo parent for at least six (6)
months: Provided, That in cases of solo grandparents who are senior citizens but who have the
sole parental care and support over their grandchildren who are unmarried, or unemployed and
twenty-two (22) years old or below, or those twenty-two (22) years old or over but who are
unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation,
ordiscrimination because of a physical or mental disability or condition, they shall be entitled to
the benefits of this Act in addition to the benefits granted to them by Republic Act No. 9257,
otherwise known as the ‘Expanded Senior Citizens Act of 2003’; or

(f) A pregnant woman who provides sole parental care and support to the unborn child or
children.’ (R.A. 8972, as amended, Section 4)

The benefit
The benefit consists of a forfeitable and noncumulative parental leave of not more than seven
(7) working days with pay every year shall be granted to any solo parent employee.’ (R.A. 8972,
as amended, Section 8)
a. Computation
The leave credit is equal to the basic salary, including mandatory and/or integrated allowances.
The pay shall not be less than the minimum wage.

b. Usage
The benefit is designed to grant a solo parent to enable him/her to perform parental duties and
responsibilities where physical presence is required.

c. Non-cumulative; Forfeitable
The leave is ‘forfeitable and noncumulative.’ (R.A. 8972, as amended, Section 8)

Meaning, solo parent employees cannot save up their leave credits so that they can use it the
following year. The leave benefits do not stack up the following year. Otherwise stated, the
leave credits are consumable for the year that they are applicable.

d. Non-convertible to cash
The benefit is not convertible to cash as the objective is for the solo parent employee to perform
parental duties and responsibilities where physical presence is required.

8. Violence Against Women & Children (Leave for Victims of VAWC) R.A. 9262
• What is VAWC and why an additional leave is granted by law for victim of VAWC?
📌 VAWC leave benefits are leave credits extended to covered female employees who have
been the victim of violence under R.A. 9262, and who may want to use them whenever they
take a leave from work, so that they remain paid during such absence from work. The benefit
consists of ten (10) working days of leave credits with full pay.

VAWC – refers to violence against women and their children. (See R.A. 9262, Anti-Violence
Against Women and Their Children Act of 2004, Section 43)

VAWC leave credits – refer to leave credits with full pay of up to ten (10) days extended to
women employees who have been the victims of violence, including their children, by their
romantic partners, whether male or female. (See R.A. 9262, Anti-Violence Against Women and
Their Children Act of 2004, Section 43)

Violence refers to ‘any act or a series of acts committed by any person against a woman who is
his wife, former wife, or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which will result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty.’ (R.A. 9262, Section
3[a])

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations, extendible when the necessity arises as specified in the
protection order.
Any employer who shall prejudice the right of the person under this section shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any person for assisting a co-employee who is a
victim under this Act shall likewise be liable for discrimination.

a. Computation
Since it is a ‘paid leave’, the leave credit is equal to the basic salary, including mandatory and/or
integrated allowances.

The benefit should not be less than the minimum wage.

1) 10 days of leave
Per Section 43 of R.A. 9262, the VAWC leave credits are paid leave of ‘up to ten (10) days in
addition to other paid leaves under the Labor Code…’
NB: The ten (10) leave credits are applied only on working days since these are leave credits
used to excuse a woman employee from work. Otherwise stated, the leave credits should not be
applied to non-working days, such as weekends (if there is no work), regular holidays, special
non-working days, and all other non-working days.

2) Full pay
The VAWC leave credit is a ‘paid leave.’ Thus, it is a leave credit with full pay. Otherwise stated,
women employees using such leave credits will be paid as if they have worked on the days
when they were absent after applying such leave credits.

3) Extendible
As provided in Section 43, the leave credits of up to 10 days is ‘extendible when the necessity
arises as specified in the protection order.’

b. Usage
The benefit is designed to grant a female employee leave credits to be used at her own
discretion. The law does not specifically require that the covered female employee use the said
leave credits for a specific purpose, instead the decision is granted to her. Thus, she may use it
for personal recovery such as attending to her mental health and well-being. (See DOLE-BWC
Handbook on Workers’ Statutory Monetary Benefits)
9.Magna Carta of Women (Special Leave for Women) RA. 9710
• What is Magna Carta of Women and why an additional leave is granted by law under this act?
📌 The Magna Carta of Women (MCW) is a comprehensive women’s human rights law that
seeks to eliminate discrimination through the recognition, protection, fulfillment, and promotion
of the rights of Filipino women, especially those belonging to the marginalized sectors of
society.

• Leave benefits of two (2) months with full pay based on gross monthly compensation, for
women employees who undergo surgery caused by gynecological disorders, provided that they
have rendered continuous aggregate employment service of at least six (6) months for the last
twelve (12) months

why an additional leave is granted by law under this act?

📌The Magna Carta of Women also spells out every woman’s right to:

Protection from all forms of violence, including those committed by the State. This includes the
incremental increase in the recruitment and training of women in government services that cater
to women victims of gender-related offenses. It also ensures mandatory training on human
rights and gender sensitivity to all government personnel involved in the protection and defense
of women against gender-based violence, and mandates local government units to establish a
Violence Against Women Desk in every barangay to address violence against women cases;
Protection and security in times of disaster, calamities and other crisis situations, especially in
all phases of relief, recovery, rehabilitation and construction efforts, including protection from
sexual exploitation and other sexual and gender-based violence.

Participation and representation, including undertaking temporary special measures and

affirmative actions to accelerate and ensure women’s equitable participation and representation
in the third level civil service, development councils and planning bodies, as well as political
parties and international bodies, including the private sector.

Equal treatment before the law, including the State’s review and when necessary amendment or
repeal of existing laws that are discriminatory to women;

Equal access and elimination of discrimination against women in education, scholarships and
training. This includes revising educational materials and curricula to remove gender
stereotypes and images, and outlawing the expulsion, non-readmission, prohibiting enrollment
and other related discrimination against women students and faculty due to pregnancy outside
of marriage;

Equal participation in sports. This includes measures to ensure that gender-based

discrimination in competitive and non-competitive sports is removed so that women and girls
can benefit from sports development;
Non-discrimination in employment in the field of military, police and other similar services. This
includes the same promotional privileges and opportunities as their men counterpart, including
pay increases, additional benefits, and awards, based on competency and quality of
performance. The dignity of women in the military, police and other similar services shall always
be respected, they shall be accorded with the same capacity as men to act in and enter into
contracts, including marriage, as well as be entitled to leave benefits for women such as
maternity leave, as provided for in existing laws;

Non-discriminatory and non-derogatory portrayal of women in media and film to raise the
consciousness of the general public in recognizing the dignity of women and the role and
contribution of women in family, community, and the society through the strategic use of mass
media;

Comprehensive health services and health information and education covering all stages of a
woman’s life cycle, and which addresses the major causes of women’s mortality and morbidity,
including access to among others, maternal care, responsible, ethical, legal, safe and effective
methods of family planning, and encouraging healthy lifestyle activities to prevent diseases;

Leave benefits of two (2) months with full pay based on gross monthly compensation, for
women employees who undergo surgery caused by gynecological disorders, provided that they
have rendered continuous aggregate employment service of at least six (6) months for the last
twelve (12) months;
Equal rights in all matters relating to marriage and family relations. The State shall ensure the
same rights of women and men to: enter into and leave marriages, freely choose a spouse,
decide on the number and spacing of their children, enjoy personal rights including the choice of
a profession, own, acquire, and administer their property, and acquire, change, or retain their
nationality. It also states that the betrothal and marriage of a child shall have no legal effect.

One specific leave granted by the Magna Carta of Women is the special leave benefit under
Section 18, commonly referred to as the Special Leave for Women. This provision allows
women employees who have undergone surgery due to gynecological disorders to take up to
two months of paid leave.

Reasons for Granting Additional Leave:

1. Health and Welfare: The law recognizes that certain gynecological conditions may require
time for proper recovery and healing, which may not be adequately covered by other leave
entitlements like sick leave.
2. Promoting Gender Equality: The additional leave supports women's health needs in the
workplace, ensuring that they are not at a disadvantage due to gender-specific health issues.
3. Reducing Gender-Based Discrimination: By institutionalizing these benefits, the law aims to
reduce discrimination against women who might otherwise face challenges in the workplace due
to health-related conditions that are unique to women.
This leave entitlement complements other protections and benefits provided to women under
Philippine labor laws, ensuring their well-being and promoting fair treatment in the workplace.