1. Grounds for retrenchment?

Standards to Justify Retrenchment:

1. The losses expected should be substantial and not merely de minimis in extent.

2. The substantial loss apprehended must be reasonably imminent.

3. It be reasonably necessary and likely to effectively prevent the expected losses. The employer should have taken
other measures prior or parallel to retrenchment to forestall losses.

4. The alleged losses if already realized, and the expected imminent losses must be proved by sufficient and
convincing evidence. (OrientalPetroleum & Minerals Corp. v Fuentes, 14October 2005)
2. When may an employer compel his employees to render work on a rest day?
a. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake,
epidemic or other disaster or calamity, to prevent loss of life and property, or in case of force majeure or imminent
danger to public safety; chanrobles virtual law library
b. In case of urgent work to be performed on machineries, equipment, or installations, to avoid serious loss which
the employer would otherwise suffer;
c. In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily
be expected to resort to other measures;
d. To prevent serious loss of perishable goods;
e. Where the nature of the work is such that the employees have to work continuously for seven (7) days in a week
or more, as in the case of the crew members of a vessel to complete a voyage and in other similar cases;
and chanrobles virtual law library
f. When the work is necessary to avail of favorable weather or environmental conditions where performance or
quality of work is dependent thereon.
3. As a rule employees are not paid during strike. Exceptions.
Rule on Wages of Strikers:

GR: Strikers are not entitled to their wages during the period of a strike, even if the strike is legal.

Exceptions:

1. In case of a ULP STRIKE, in the discretion of the authority deciding the case.

2. Where the strikers voluntarily and unconditionally offered to return to work, but the employer refused to accept
the offer [e.g. of an unconditional offer: we will return tomorrow and NOT willing to return provided]

o They are entitled to backwages from the date the offer was made.

3. Where there is RETURN-TO-WORK ORDER and the employees are discriminated against.

o They are entitled to backwages from the date of discrimination.

4. When illegally dismissed employee can no longer be reinstated.

Cases where reinstatement is impossible:

1. Doctrine of Strained Relations (applies to confidential and managerial employees only)

- Antagonism caused a severe strain in the parties employer-employee relationship.

2. In case of position has been abolished (applies to both managerial and rank and file)


5. May a government employee strike?

No they cannot engage in strikes.

Government employees are part of the civil service and are covered by the Civil Service Commission's
memorandum prohibiting strikes. This being the case, the strike staged by the employees of the SSS was illegal.

The general rule in the past and up to the present is that 'the terms and conditions of employment in the
Government, including any political subdivision or instrumentality thereof are governed by law". Since the terms
and conditions of government employment are fixed by law, government workers cannot use the same weapons
employed by workers in the private sector to secure concessions from their employers.

6. What is the role of the SSS?

The Philippine Social Security System (Filipino: Paseguruhan ng Kapanatagang Panlipunan, or SSS) is a social
insurance program for workers in the Philippines. It is a government agency that provides retirement and health
benefits to all enrolled employees in the Philippines. Members of the SSS can also make 'salary' or 'calamity' loans.
Salary loans depend on the monthly salary of the employee. Calamity loans are for such times when there is a
calamity that has been so declared by the government, in the area where the SSS member lives, such as flooding,
earthquake and natural disasters.

7. Grounds for denial of petition for certification election.

a. The petitioning union is NOT listed in the departments registry of legitimated labor unions or that its
registration certificate has been cancelled with finality.

b. Failure of a local/chapter or national union to submit a duly issued chapter certificate upon filing of the petition
for certification election.

c. Filing the petition before of after the freedom period of a duly registered collective bargaining agreement;
provided that the sixty-day period based on the original collective bargaining agreement shall not be affected by
any amendment, extension or renewal of the CBA.

d. In an organized establishment, the failure to submit the 25% SIGNATURE requirement to support the filing of the
petition for certification election.

e. Non-appearance of the petitioner for 2 consecutive scheduled conferences before the mediator-arbiter despite
due notice.

f. Absence of the EMPLOYER-EMPLOYEE RELATIONSHIP between all the members of the petitioning union and the
establishment where the proposed bargaining unit is sought to be represented.

_________________________________________ # 8 (MACKY) _________________________________________
9. Is our labor law pro labor? And is our labor law consistent with International Labor Standards?
Yes, Since all doubts in the implementation and interpretation of labor laws shall be resolved in favor of labor.
Moreover, the working mans welfare should the primordial and paramount consideration. There Is no doubt that
the employer stands on a higher footing than the employee, since there is greater supply than demand for labor
and the need for employment by labor comes from vital, and even desperate necessity. However, it should not be
supposed that every labor dispute will be automatically decided in favor of labor.
Yes, considering that the Philippines is a member of the ILO, the Un specialized agency which seeks the promotion
of social justice and internationally recognized human and labor rights.
10. What is notorious negligence?
Notorious negligence has been defined as something more than mere or simple negligence or contributory
negligence; it signifies a deliberate act of the employee to disregard his own personal safety.
11. What is insubordination?
Insubordination usually means one of two situations: An employee refuses a direct order from a superior or the
employee and superior have a confrontation. Insubordination has steep consequences, because the employee is
essentially breaching his employment contract, refusing to work for the company.
12. TESDA
TESDA stands for Technical Education and Skilld Development Authority. It is responsible for formulating,
continuing, coordinating and fully integrating technical education and skills development policies plans and
programs.
13. Jurisdiction of the labor arbiter
JURISDICTION OF THE LABOR ARBITERS
a. Original and exclusive jurisdiction to hear and decide the following cases involving all workers,
whether agricultural or non-agricultural:
1. Unfair labor practice cases;
2. Termination disputes;
3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages,
rates of pay, hours of work and other terms and
conditions of employment;
4. Claims for actual, moral, exemplary and other forms of damages arising from employer-employee
relations;
5. Cases arising from any violation of Article 264 of the Labor Code, as amended, including questions
involving the legality of strikes and lockouts;
6. Except claims for employees compensation not included in the next succeesing paragraph, social
security, medicare, and maternity benefits, all other
claims arising from employer-employee relations, including those of persons in domestic or
household service, involving an amount exceeding Five
Thousand Pesos (P5,000.00), whether or not accompanied with a claim for reinstatement;
7. Wage distortion disputes in unorganized establishments not voluntarily settled by the parties
pursuant to Republic Act No. 6727;
8. Enforcement of compromise agreements when there is non-compliance by any of the parties
pursuant to Article 227 of the Labor Code, as
amended;
9. Money claims arising out of employer-employee relationship or by virtue of any law or contract,
involving Filipino workers for overseas deployment,
including claims for actual, moral, exemplary and other forms of damages as provided by Section 10,
Republic Act No. 8042, as amended by Republic
Act No. 10022; and
10. Other cases as may be provided by law.
14. Requirements on how to dismiss just or authorized causes
An employer may dismiss an employee on the following just causes:
a) serious misconduct;
b) willful disobedience;
c) gross and habitual neglect of duty;
d) fraud or breach of trust;
e) commission of a crime or offense against the employer, his family or representative;
f) other similar causes.
The other grounds are authorized causes:
a) installation of labor-saving devices;
b) redundancy;
c) retrenchment to prevent losses;
d) closure and cessation of business; and
e) disease / illness.
An employer shall observe procedural due process before terminating ones employment.
A. In a termination for just cause, due process involves the two-notice rule:
a) A notice of intent to dismiss specifying the ground for termination, and giving said employee reasonable
opportunity within which to explain his or her side;
b) A hearing or conference where the employee is given opportunity to respond to the charge, present evidence or
rebut the evidence presented against him or her;
c) A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been
established to justify termination.
B. In a termination for an authorized cause, due process means a written notice of dismissal to the employee
specifying the grounds at least 30 days before the date of termination. A copy of the notice shall also be furnished
the Regional Office of the Department of Labor and Employment (DOLE) where the employer is located.
15. National Interest
the interest of a nation as a whole held to be an independent entity separate from the interests of subordinate
areas or groups and also of other nations or supranational groups
16. When can there be no reinstatement even if the termination is legal?
1. When company operations have ceased;
2. When the employee's position or an equivalent thereof is no longer available;
3. When the illegal dismissal case has engendered strained relations between the parties, in cases of just
causes and usually when the position involved requires the trust and confidence of the employer; and
4. When a substantial amount of years have lapsed from the filing of the case to its finality.
17. On what grounds can the Labor Arbiters decision be appealed to the NLRC? CA? SC?
18. Liability of employer in not paying the State Insurance Fund?
19. May indemnity be imposed in addition to backwages? When can it be imposed?
20. May there be a strike without work stoppage? Is boycott a strike?

21. Are POEA-approved contracts immutable?

No, POEA-approved contracts are not immutable.

The form contracts approved by the National Seamen Board [now POEA] are designed to protect
Filipinos, not shipowners who can take care of themselves. The standard forms embody the basic
minimums which must be incorporated as parts of the employment contracts. They are not
collective bargaining agreements or immutable contracts which the parties cannot improve
upon or modify in the course of the agreed peril of time. (Vir-jen Shipping and Marine Services
vs NLRC, 115 SCRA 347)

However, an agreement that diminishes the employees pay and benefits as contained in a POEA-
approved contract is VOID, unless such subsequent agreement is approved by POEA. (Azucena, The Labor
Code with Comments and Cases Volume I, 2010 edition, p. 83; See Chavez vs. Bonto-Perez, Rayala, et. al.,
GR No. 109808, March 1, 1995)

22. May indemnity be imposed aside from backwages?
23. BLRs jurisdiction?

24. What is holiday (pay) and who are entitled to it?

Holiday pay is a one-day pay [100% of basic pay] given by law to an employee even if he does not work on
a regular holiday. This gift of a days pay is limited to each of the twelve regular (also called legal) holidays.
It is not demandable for any other kind of nonworking day. (Azucena, The Labor Code with Comments and
Cases Volume I, 2010 edition, p. 238)

Every worker shall be paid his regular daily wage during regular holidays except in retail and service
establishments regularly employing less than ten workers; (Labor Code, Article 94 (a))

Additional exceptions:
(a) Those of the government and any of the political subdivision, including government-owned and
controlled corporation;
(b) Those of retail and service establishments regularly employing less than ten (10) workers;
(c) Domestic helpers and persons in the personal service of another;
(d) Managerial employees as defined in Book Three of the Code;
(e) Field personnel and other employees whose time and performance is unsupervised by the employer
including those who are engaged on task or contract basis, purely commission basis, or those who are
paid a fixed amount for performing work irrespective of the time consumed in the performance thereof.
(Implementing Rules, Book III, Rule IV, Sec. 1)

What is holiday pay?
Holiday pay refers to payment of the regular daily wage for
any unworked regular holiday.
How many regular holidays are there in a year?
There are 12 regular holidays under Executive Order No.
292 as amended by RA 9849:

New Years Day - January 1
Maundy Thursday - Movable Date
Good Friday - Movable Date
Araw ng Kagitingan - April 9
Labor Day - May 1
Independence Day - June 12
National Heroes Day - Last Monday of August
Eidl Fitr - Movable Date
Eidl Adha - Movable Date
Bonifacio Day - November 30
Christmas Day - December 25
Rizal Day - December 30
What is the condition so that an employee will
be entitled to holiday pay?
o He/She should be present on the
workday immediately preceding the
regular holiday; or
o He/She should be on leave of absence
with pay on the day immediately
preceding the regular holiday
How much is the holiday pay of an employee?
o For any unworked regular holiday,
100% of the employees daily wage
rate.
o For work performed on a regular
holiday, plus 100% or a total of 200%
of the employees daily wage rate.

25. Statutory benefits of helpers.
The statutory benefits of helpers are those laid down in Articles 142-151 of the labor code and those
under the new civil code. However, with the passage of RA No. 10361 or the Kasambahay law, repealed the
provisions on the labor code. The law provides for the statutory benefits of the helper, which inculdes standards
of treatment, that prohibits abuse or any form of physical violence, harrasment or any act tending to degrade the
dignity of domestic worker, board and lodging and at least 3 adequate meals per day, as well as, appropriate rest
and medical assistance to any illness and injury, guarantee of privacy,, access to outside communication, an
opportunity or right to education and training, privilege communication with the househelper and the family or
employer, prohibition on deposits for loss or damages and debt bondage. The law also makes it unlawful for the
employment of househelper below 15 years of age. Furthermore, the law also grants househelper a daily rest
period of aggregate 8 hours and a weekly rest period of 24 hours. He or she shall not be assigned to nonhousehold
work, otherwise, he or she shall be entitled to minimum wage applicable to agricultural and non-agricultural
workers. The househelper shall be entitled to minimum wage of P2,500.00 a month in NCR, P2,000.00 a month in
other chartered cities and first class municipalities, and P1,500.00 per month to other municipalities. He or she is
also entitled to leave benefits, SSS, PhilHealth, Pag-IBIG, and other social benefits.
Under the Civil Code, househelper have the right not to be required to work more than 10 hours a day
and a right to four days vacation. Ten hours of work include not only those of actual work but also the time during
which service is made available for the employer. The four days vacation leave is demandable but cannot be
accumulated. The househelper may be entitled to its equivalent. Furthermore, Art. 1696 of the Civil Code also
provides that the head of the family shall bear the full expenses in case the househelper dies and has no relatives.
26. What is good faith strike doctrine?
There are two test in determining the existence of an unfair labor practice strike:
(a) Objectively, when the strike is declared in protest of unfair labor practice which is found to have been
actually committed; and
(b) Subjectively, when a strike is declared in protest of what the union believed to be unfair labor
practices committed by the management, and the circumstances warranted such belief in in good faith, although
subsequently as not committed.
It has been held in several cases that a streike may be considered legal when the union believed that the
respondent company committed unfair labor acts and the circumstances warranted such belief in good faith
although subsequently such allegation of unfair labor practices. This, however, even if done in good faith, does not
tolerate groundless strike. At this juncture, it must be stressed that with the enactment of RA No. 6715 which took
effect on March 21, 1989, the rule now is that such requirements as the filing of notice of strike, strike vote, and
notice given to the Department of Labor are mandatory in nature. If no notice of strike and strike vote were not
conducted, the said strike is illegal.
27. Differentiate manager and supervisor in private sector.
Managerial employees under labor standards covers other officers or members of managerial staff which
were not entitled to the benefits under it. This includes supervisors. In Book III, a supervisor is a manager, while in
book V, he is not. For this purpose, under Art. 212, it was defined that a managerial employee is the one vested
with powers or prerogatives to lay down and execute managerial polocoes and/or to hire, transfer, suspend, lay-
off, recall, discharge, assign, or discipline employees. Supervisory employees, on the other hand, are those who, in
the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is
not merely routinary or clerical in nature but requires the use of independent judgment. Under Book III,
supervisors, like managers, are not entitled to the benefits therein, such as overtime pay, rest day, or holiday pay
but are entitled to join, form, or assist labor union of fellow supervisors under Book V. If supervisors are given the
benefits, it is not because of the law but by the voluntary act of the employer.
28. Is preventice suspension beyond/exceeding 30 days constitute constructive dismissal?
Preventive suspension being only an intermediate protective measure, cannot last for an indefinite
period. Section 4, Rule XIV, Book V of the Omnibus Rules provides that preventive suspension cannot be more than
the maximum period of 30 days. Hence, after 30-day period suspension, the employee must be reinstated to his
former position because suspension beyond this maximum period amounts to constructive dismissal.
29. What is consent election?
Consent election is another mode or method of determining which union will bargain with the employer.
Its purpose is to find out which union will serve as a bargaining agent. While certification election is ordered by the
Department, consent election is volutarily agreed upon by the parties with or without intervention by the
department. Two or more unions are involved in a consent election. And like certification election, it may take
place in an unorganized or organized establishment.
30. Under Article 247, ULP is both civil and criminal offense, why? What are the elements of ULP as an offense?
Even prior to the Labor Code, ULP was a criminal act and the court explained thus - "a consideration of the
entire law on the matter clearly discloses the intention of the lawmakers to consider acts which are alleged to
constitute unfair labor practices as violation of the law and offenses, to be prosecuted in the same manner as
criminal offense. The reason for this provision is that the commission of ULP is an offense against a public right or
interest and should be prosecuted in the same manner as a public. That the unfair labor practice cases involves
violation of public right or policy, to be prosecuted like criminal offense." In this sense, ULP has a civil as well as
criminal aspect.
The elements of ULP are: (a) there is employee-employer relationship between the offender and the
offended; and (b) the act doen is expressly dfined in the labor code as an act of unfair labor practice.
31. Grievance machinery
All grievances arising from the implementation or interpretation of the collective bargaining agreement
and/or interpretation and enforcement of company personnel policies are compulsory subject of grievance
machinery. Grievance machinery is a procedure for the adjustment and resolution of grievances arising from the
interpretation or enforcement of bargaining agreement or company policies. It is the very heart of industrial self-
government and it appears to be proscribed by the labor code which directs the parties to a CBA to establish such.
32. Work stoppage
Work stoppage or "strike" for the employees or "lockout" by the employer - is not favored by law. It is
regarded as a legal right but regulated as to the purpose and manner of doing it. Work stoppage, because it i
counter-productive, is and has to be considered as a measure of last resort. A strike has been defined as cessation
of work by the employees in an effort to get more favorable terms for themselves, or as a concerted refusal by the
employees to do any work for their employer or to work at their customary rate of speed, until the object of sthe
strike has been attained by the employer's granting concession. Lock-out, on the other hand, means the temporary
refusal of any employer to furnish work as a result of an industrial or labor dispute.
___________________________________________ # 33 40 __________________________________________
MICKO
41. Theory of Increased Risk
If an ailment is not included in the list of occupational diseases as drawn up by the Commission, the claimant has
the burden of proving that the nature of the work increased the risk of contracting the disease.
To establish compensability under this theory, the claimant must show proof of reasonable work-connection, not
necessarily direct causal relation.
Degree of proof required: Substantial evidence= relevant evidence as will support a decision or clear or convincing
evidence.
Strict rules of evidence are not applicable
Mere allegation is not evidence
42. Termination without notice enumerate
43. Overtime work, obliged
Art. 89. Emergency overtime work. Any employee may be required by the employer to perform overtime work in
any of the following cases:
a. When the country is at war or when any other national or local emergency has been declared by the
National Assembly or the Chief Executive;

b. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due
to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon,
earthquake, epidemic, or other disaster or calamity;

c. When there is urgent work to be performed on machines, installations, or equipment, in order to avoid
serious loss or damage to the employer or some other cause of similar nature;

d. When the work is necessary to prevent loss or damage to perishable goods; and

e. Where the completion or continuation of the work started before the eighth hour is necessary to prevent
serious obstruction or prejudice to the business or operations of the employer.
Any employee required to render overtime work under this Article shall be paid the additional compensation
required in this Chapter.
44.. Regular Casual v Regular Seasonal
45 Can a manager be liable in a case of illegal dismissal
46. Injunction
47. What is the recourse of employer when employees conduct concerted activities without work stoppage
48. What are the limits to picketing May picketing be conducted without a strike?
________________________________________________ # 49 _________________________________________
50. What are the obligations of employers and employees as to Hours of Work?
The normal hours of work shall not exceed 8 hours a day which is generally determined by the employer. However,
it must be in good faith and not for the purpose of circumventing or defeating the rights of the employees.
Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed
workplace, and (b) all time during which an employee is suffered or permitted to work.
Rest period of short duration during working hours shall be counted as hours worked.
51. Jurisdiction of the Labor Arbiter.
They are:
1. Unfair labor practice cases;
2. Termination disputes;
3. If accompanied with a claim for reinstatement, those that workers may file involving wages, rates of
pay, hours of work and other terms and conditions of employment;
4. Claims for actual, moral, exemplary and other forms of damages arising from the employer employee
relations;
5. Cases arising from violation of Art. 264 of the Labor Code (Prohibited Acts during Strikes and
Lockouts);
6. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all
other claims arising from employer employee relations, including those of persons in domestic or
household service, involving an amount not exceeding Php 5,000.00 regardless of whether
accompanied of a claim for reinstatement or not;
7. Money claims arising out of employer employee relationship or by virtue of any law or contract,
involving Filipino workers for overseas deployment, including claims for actual, moral , exemplary and
other forms of damages as well as employment termination of OFWs;
8. Wage distortion disputes in an unorganized establishments not voluntarily settled by the parties
pursuant to RA 6727;
9. Enforcement of compromise agreements when there is non-compliance by any parties pursuant to
Art. 227 of the Labor Code, as amended; and
10. Other cases as maybe provided by law.
52. Prohibited activities under Art. 264.
They are:
1. Declaring a strike or lockout, by a labor organization or employer, without first having bargained
collectively or without first having filed a notice of strike or without the necessary strike or lockout vote
first having been obtained and reported to the DOLE;
2. Obstructing, impeding, or interfering with force, violence, coercion, threats or intimidation any peaceful
picketing by employees during any labor controversy or in the exercise of the right of self organization
or collective bargaining, or aiding or abetting such obstruction or interference;
3. The use or employ of any strike breaker by an employer, or the employment of any person as strike
breaker;
4. Bringing in, introducing or escorting in any manner any individual who seeks to replace strikers in entering
or leaving the premises of a strike area, or work in place of strikers by any public official or employee,
including officers and personnel of the AFP or PNP, or armed person; and
5. Acts of violence, coercion or intimidation to obstruct the free ingress to or egress from the employers
premises for lawful purposes, or obstruct public thoroughfares while picketing.
53. Rationale for different Regional wages.
Each region has a regional wage board which, in fixing the wage level, considers criteria or standards existing in the
region. Since those criteria vary from one region to another, the pay levels of comparable jobs also tend to vary
among regions. (Prubankers Association vs Prudential Bank)
(See also criteria in Art. 124 LC)
54. Procedure in firing out strikers.
For termination of employment based on just causes, procedural due process requires that the employee be given
the benefit of the so-called twin-notice and hearing, as follows:
First notice: Notice to Explain (NTE) or order to show cause. A written notice served on the employee specifying
the ground or grounds for termination, and giving to said employee reasonable opportunity within which to
explain his side.
Hearing or formal investigation. A hearing or conference during which the employee concerned, with the
assistance of counsel if the employee so desires, is given opportunity to respond to the charge, present his
evidence or rebut the evidence presented against him. There must be proof that such employee has committed
illegal acts during a strike.
Second notice: Notice of decision. A written notice of termination served on the employee indicating that upon
due consideration of all the circumstances, grounds have been established to justify his termination.
55. Recourse of a third-party affected by a picket.
The recourse is to file an action for injunction in the Regional Trial Court. The third-party could also avail of the
provisional remedies provided by the Rules of Court like the writ of preliminary injunction. (LIWAYWAY
PUBLICATIONS, INC. vs. PERMANENT CONCRETE WORKERS UNION)
_______________________________________ # 56 67 ______________________________________________
KENT/AYA

68. What are the kinds of fixed-period employment? Which are valid? ( LabRel)
69. May RTC issue injunction against NLRC decisions? ( LabRel)
70. Who contributes for SIF, employer or consumer?
Nature of SIF ( State Insurance Fund: PD 626)
The new law establishes a SIF built up by the contribution of employers based on the salaries of their
employees. The injured worker does not have to litigate his right to compensation. No employer opposes his claim.
The sick employer simply has to file a claim with a new neutral employees Compensation Commission which then
determines on the basis of the employees supporting papers and medical evidence whether or not compensation
may be paid.
On the other hand, the employers duty is only to pay the regular monthly premiums to the scheme. It
does not look for insurance companies to meet sudden demands for compensation payments or set up its own
funds to meet those contingencies. (Jose B. Sarmiento vs ECC)
SIF the Labor Code adopts the compensation fund type. All covered employers are required to remit
to a common fun d a monthly contribution equivalent to one percent of the monthly salary credit of
every covered employee. The employee pays NO CONTRIBUTION into the fund; agreement to the
contrary is void and prohibited.
Compensation is in the form of medical supplies and services and/or cash income if employee is
unable to earn because of injury or disease. Death benefits and funeral benefits are also given.
71. Authorized causes *l (5) or (l) not sure+.
-> According to mader Candice na answeran na daw ni saiya na part. Please see her answer on this. Thanks
72. What are the rights of a probationary? (LabRel)
73. Illegal recruitment
Art. 38. Illegal recruitment.

1. Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be
undertaken by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article
39 of this Code. The Department of Labor and Employment or any law enforcement officer may initiate
complaints under this Article.

2. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving
economic sabotage and shall be penalized in accordance with Article 39 hereof.

Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction,
enterprise or scheme defined under the first paragraph hereof. Illegal recruitment is deemed committed in
large scale if committed against three (3) or more persons individually or as a group.

3. The Secretary of Labor and Employment or his duly authorized representatives shall have the power to cause
the arrest and detention of such non-licensee or non-holder of authority if after investigation it is determined
that his activities constitute a danger to national security and public order or will lead to further exploitation
of job-seekers. The Secretary shall order the search of the office or premises and seizure of documents,
paraphernalia, properties and other implements used in illegal recruitment activities and the closure of
companies, establishments and entities found to be engaged in the recruitment of workers for overseas
employment, without having been licensed or authorized to do so.

Expanded definition of illegal recruitment under RA 4082
As defined originally in Article 38, illegal recruitment was limited to recruitment activities undertaken
by non-licensees or nonholders of authority. This has been the changed by RA 4082, known as the Migrant
Workers and Overseas Filipinos Act of 1995.Under this law, even a licensee or holder of authority may be
held guilty of illegal recruitment. The list of acts considered as illegal recruitment has also been expanded.
Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising or
advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of
authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines. Provided, that such non-license or non-holder, who, in any manner, offers or
promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise
include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or
holder of authority.
(a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable
fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that
actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the
purpose of securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;
(e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for
employment through his agency;
(f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity
of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by hi s duly
authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign exchange
earnings, separations from jobs, departures and such other matters or information as may be required by the
Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the
Department of Labor and Employment from the time of actual signing thereof by the parties up to and including
the period of the expiration of the same without the approval of the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of
any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel
agency;
(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial
considerations other than those authorized under the Labor Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment;
and
(m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing
for purposes of deployment, in cases where the deployment does not actually take place without the worker's
fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving
economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3)
or more persons individually or as a group.
The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of
juridical persons, the officers having control, management or direction of their business shall be liable.
*General rule: Employees who have no control, do not manage nor direct the business may not be held liable;
UNLESS, it is shown that such employees ACTIVELY and CONSCIOULY PARTICIPATED in the IR.
*Lack of Receipts: will not defeat the purpose of criminal prosecution as long as the witnesses can positively show
through their respective testimonies that the accused was the one involved in the prohibited recruitment; credible
testimonies suffice.
* Estafa: conviction for IR is not a bar for filling suit against such person for Estafa under the RPC as long as the
requisites for said felony are present.
* Closure Order: DOLE secretary or his duly authorized representative still has the power or authority to issue and
order closure of illegal recruitment establishes, this being an ADMINISTRATIVE and REGULATORY action; Issuance
after and ex parte preliminary examination to determine whether the activities of a non-licensee constitute a
danger to national security and public order or will lead to further exploitation of job seekers.
74. Hours of worked, travel hours, compensable

Prelim and postlim activities are deemed performed during working hours, where such activities are
controlled or required by the employer and are pursued necessarily and primarily for the employers
benefit
Whether waiting time constitutes working time depends on the circumstances of each case; whether
it is predominantly or the employers benefit or for the employees; considered as working time if
waiting is an integral part of his work or if the employee is required or engaged by an employer to
wait
Working while eating NOT compensable if completely freed from duties even though he remains in
the workplace
Working while sleeping- MAY BE considered working if it is subject to interruption or takes place
under conditions substantially less desirable than would likely to exist at employees home
On Call COMPENSABLE
within reach cellphone or other contact device- NOT COMPENSABLE
Travel from work to home- NOT worktime EXCEPT when employee receives an emergency call
outside of his regular working hours and is required to travel to his regular place of business or some
other work site, all of the time spent in such travel in working time
Travel away from home- travel that keeps an employee away from home overnight; worktime
Attendance at lectures, meetings, training programs and other similar activities not considered
worktime if it is outside employees regular working hours, it is voluntary and the employee does not
perform productive work during such attendance
Time spent in grievance meeting considered worktime
Regular full-time teachers are entitled to salary and emergency COLA during semestral breaks

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IRIS