LAW ON - Chan Robles and Associates Law Firm

3. Applicability to government corporationsCHAPTER IIEMANCIPATION OF TENANTSARTICLE 7 - Statement of objectivesARTICLE 8 - Transfer of lands to tenant-workersARTICLE 9 - Determination of land valueARTICLE 10 - Conditions of ownershipARTICLE 11 - Implementing agencyNOTES AND COMMENTS:1. Historical perspective2. The Comprehensive Agrarian Reform Lawa. Controlling lawb. Suppletory application of existing legislationc. Repealed lawsPRELIMINARYCHAPTER.a. Declaration of principles and policiesb. DefinitionsCOVERAGE.a. Scopeb. Schedule of implementationc. Retention limitsd. Retained lands under P.D. No. 27; homestead grantees ande. direct compulsory heirsf. Effect of R. A. No 6657 on Proclamation No. 131 and E. O. No. 229g. Right to choose the area to be retainedh. Security of tenure of farmers and farmworkersi. Void transactions involving the land; exceptionsj. Order of priorities in acquisition and distribution of landk. Land held by multinational corporations; how acquired and disposedl. Ancestral lands; effect of torrens systemm. Suspension of R. A. No. 6657 involving ancestral lands; groundsn. Exemptions and exclusions from coverage of R. A. No. 6657o. Acquisition and distribution of commercial farm; when compulsoryp. Inclusion as commercial farm of private agricultural lands devoted toq. commercial livestock, poultry and swine raising, held invalidr. Residential lots in subdivisions; not coveredIMPROVEMENT OF TENURIAL AND LABORRELATIONS.a. Determination of lease rentalsb. Policiesc. Coveraged. Effectivity of leaseholde. Production-sharing planREGISTRATION.a. Registration of landownersb. Registration of beneficiariesc. Registerable transactions without need of prior clearance

THEACQUISITION.a. Procedure for acquisition of private landsCOMPENSATION.a. Determination of just compensationb. Valuation and mode of compensationc. Incentives of voluntary offers for saled. Voluntary land transfere. Payment of compensation by beneficiaries under voluntary land transferGUIDELINES - ISSUANCE OF CONVERSION EXEMPTIONCLEARANCE.a. Legal basisb. Filing of the application for exemption clearance; documents requiredc. Processing of the applicationLANDREDISTRIBUTION.a. Qualified beneficiaries; order of priorityb. Disqualified beneficiariesc. Distribution limitd. Award to beneficiaries; when rights and responsibility commencee. Ceilings of award for beneficiariesf. Landless beneficiary; meaningg. Payment by beneficiariesh. Transferability of awarded lands; exceptioni. Standing crops at the time of acquisitionCORPORATEFARMS.a. Farms owned or operated by corporations or other business associationsb. Homelots and farmlots for members of cooperativesc. Corporate landownersd. Production-sharinge. Payment of shares of cooperative or associationf. Valuation of landsFINANCING.a. Funding sourceb. Financial intermediary for the CARPSUPPORTSERVICES.a. Creation of Support Services Officeb. Funding for support servicesc. Support services to the beneficiariesd. Support services to landownerse. Land consolidationSPECIAL AREAS OFCONCERN.a. Special areas of concern

claimsPROGRAMIMPLEMENTATION.a. The Presidential Agrarian Reform Councilb. Executive Committeec. Secretariatd. Provincial Agrarian Reform Coordinating Committee (PARCCOM)e. Province-by-province implementationf. Barangay Agrarian Reform Committee (BARC)g. Functions of the BARCh. Legal assistanceGENERALPROVISIONS.a. Conversion of fundsb. Exemptions from taxes and fees of land transfersc. Free registration of patents and titlesd. Immunity of government agencies from undue interferencee. Assistance of other government entitiesf. Disposition of private agricultural landsg. Bank mortgagesh. Lease, management, grower or service contracts, mortgages and otheri. Prohibited acts and omissionsj. Penalties3. Administrative adjudication; Jurisdictiona. Jurisdiction in generalb. Nature of jurisdiction; issues coveredc. Jurisdiction of the Regional and Provincial Adjudicatord. Functional relationshipse. Role of the RARABf. Appellate jurisdictiong. Quasi-judicial powersh. Technical rules not bindingi. Preferential attention in courtsj. Rules and regulations4. DARAB New Rules of ProcedureGENERALPRINCIPLES.a. Legal basisb. Construction of the Rulesc. Doubts to be resolved in favor of the beneficiaryPROCEEDINGS BEFORE THE BOARD ORADJUDICATOR.a. Nature of proceedingsb. Role of Adjudicator in the proceedingsc. Totality of case assignedd. Board regulations; assignment of casese. En banc meetingf. Presiding officerg. Voteh. Hearing; amicable settlement

PROCEEDINGS BEFOREBARC.a. Mediation and conciliation at barangay level; BARC certificationb. Instances where BARC certification is not necessaryc. Disputes involving land or parties in two or more barangaysd. Issuance of BARC certification; periode. Importance of BARC certificationf. Special rules on mediation and conciliationg. Conciliation of disputesCOMMENCEMENT OFACTION.a. Complaint or petitionb. Venuec. Multiplicity of suit; splitting of cause of actiond. Joining of causes of actione. Parties-in-interestf. Pauper litigantg. Associations or corporations as defendantsSERVICE OF PLEADINGS, NOTICES ANDRESOLUTIONS.a. Proof of service of pleadings, notices and resolutionsb. Service upon associationsc. Service upon private domestic corporation or partnershipd. Service upon public corporationse. Return of servicef. Proof and completeness of servicesg. Substituted serviceSUMMONS, ANSWER, MOTIONS AND SUBMISSION OFEVIDENCE.a. Issuance of summons, time to answer and submission of evidenceb. Answer requiredc. Time to answer, non-extendible; exceptionsd. No default upon failure to answere. Motions; period to resolvef. Non-allowable motionsg. Allowable motionsh. Proof of servicei. InterventionAPPEARANCES.a. Representation and appearancesb. Manner of appearancec. Assignment of DAR lawyer or Legal Officerd. Authority to bind partyINJUNCTION.a. Preliminary injunction; when grantedb. No restraining order or preliminary injunctionc. No injunction to restrain tilling or harvesting

d. Temporary restraining orderCONTEMPT.a. Direct contempt; judgment immediately executoryb. Indirect contemptc. Appeal from indirect contemptRECORD ANDDECISION.a. Record of proceedingsb. Memorandum/Draft decisionc. Period to render decisiond. Award of damagese. Summary procedure on preliminary determination of just compensationf. Finality of judgmentg. Motion for reconsideration; groundsh. Petition for relief from judgment; groundsAPPEAL TODARAB.a. Appeal to the Board from decision of Adjudicatorb. Appeal; groundsc. Appeal; where filedd. Captione. Requisites for perfection of the appealf. Appeal memorandumg. Records of the caseh. Frivolous or dilatory appeali. Withdrawal of appealj. Period to decide caseAPPEAL TO REGIONAL TRIALCOURT.a. Appeal involving land valuation and preliminary determination andpayment of just compensationJUDICIAL REVIEW BY COURT OFAPPEALS.a. Appeal by certiorari; reglementary period; effect of appealb. Findings of fact; final and conclusivec. Effect of appeal to Court of Appealsd. Revised Administrative Circular No. 1-95THESECRETARIAT.a. Powers and duties of the Secretariatb. Access to the Board recordsc. Custody of the seal and books of the Boardd. Calendar, General Docket and other books of the Boarde. Issuance of certified true copiesFEES, CHARGES ANDCOST.a. Fees, charges and cost; payment thereofb. Filing fees

c. Legal feesd. Where fees to be paide. Sheriffs and other persons serving processesf. Stenographersg. Witness’ feesh. Costsi. Costs in actions or proceedingsj. Dismissed action or appealk. Attorney’s fees as costsl. Costs when witness fails to appearm. Government exempt from paying legal fees; exceptionn. Finality of decision; period to decideo. Frivolous appealsEXECUTION OFDECISION.a. Execution upon final order or decisionb. Execution pending appealc. Applicability of the Uniform Rules of Procedure of CARSPECIAL AGRARIANCOURT.a. One court per provinceb. Special original and exclusive jurisdictionc. Application of the Rules of Courtd. Period to decidee. Appointment of commissionersf. Orders of the Special Agrarian Courtg. Appeal to the Court of Appealsh. Appeal from Court of Appeals to the Supreme Courti. Procedure on review; application of the Rules of Courtj. Preferential attentions in courtsBOOK ONEPRE-EMPLOYMENTARTICLE 12 - Statement of objectivesNOTES AND COMMENTS:1. Manpower training, allocation and utilization2. Local employment3. Overseas employment4. Representation in Congress5. Migrant Workers DayTitle IRECRUITMENT AND PLACEMENT OF WORKERSCHAPTER IGENERAL PROVISIONSARTICLE 13 - DefinitionsNOTES AND COMMENTS:

2. Legal assistance3. Complaints for illegal dismissal; filing thereof4. Action on complaint or report5. Surveillance6. Issuance of closure order7. Implementation of closure order8. Report on implementation9. Institution of criminal action10. Motion to lift a closure ordera. When to entertain motionb. Who may file11. Grounds for lifting or re-opening12. Appeal13. Re-closing or re-padlocking of officeRECRUITMENT VIOLATIONS ANDRELATED CASES.1. Jurisdiction and proceedingsa. Jurisdiction of POEAb. Cases not falling within jurisdiction of POEAc. Nature of proceedings; administrative not criminald. Venuee. Grounds for suspension, cancellation or revocation of license foroverseas employmentf. Filing of complaint; who may fileg. Caption and titleh. Contents of complaint or reporti. Docket and assignment of casesj. Answer or Counter-Affidavitk. Failure to file Answerl. Service of subpoena duces tecum and subpoena ad testificandumm. Failure or refusal to obey subpoena duces tecum and subpoena adtestificandumn. Proof of completeness of serviceo. Motions for extensionp. Authority to initiate clarifying questionsq. Summary judgmentr. Nature of proceedingss. Effects of withdrawal or desistancet. Resolution of the caseu. Who may issue orders or resolutionsv. Contents of orders or resolutionsw. Suspension of documentary processingx. Suspension of license pending investigationy. Suspension or cancellation of licensez. Finesaa. Restraining ordersbb. Effects of order of suspension or cancellation or revocation2. Review of orders or decisions in recruitment violations and related casesa. Review; jurisdictionb. When to filec. Effects of filing a petition for review

d. Transmittal of the records of the case on petition for review3. Execution of orders or decisions in recruitment violations and related casesa. Issuance of writ of execution for refundb. Issuance, form and contents of a writ of executionc. Lifetime of writ of executiond. Enforcement of writse. Enforcement of bondf. Garnishmentg. Return of writ of executionEMPLOYER-EMPLOYEE RELATIONS CASES; MONEY CLAIMS;JURISDICTION.1. Jurisdiction under the old rules2. Jurisdiction under the new rulesa. Jurisdiction under Republic Act No. 8042b. Implementing Rules of R.A. No. 8042EMPLOYER-EMPLOYEE RELATIONS CASES;MONEY CLAIMS;PROCEDURAL RULES UNDER THE NEW LAW.1. The NLRC Interim Rules2. Disposition of pending cases3. Non-monetary claims cases4. Venue5. Turn-over of cases from POEA to NLRC6. Raffle of cases; period to decide7. Nature of proceeding before labor arbiter8. Compromise settlement9. New NLRC rules of procedure; application thereof10. Appeal to the NLRC11. Execution of decisions, orders, or awards12. Non-compliance with mandatory periods to resolve cases; penaltyEMPLOYER-EMPLOYEE RELATIONS CASES;MONEY CLAIMS;PROCEDURAL RULES UNDER THE OLD LAW.1. Necessity to discuss the old rulesa. Venueb. Complaints; who may filec. Contents of complaintd. Docket and assignment of casese. Service of summonsf. Proof of completeness of serviceg. Pre-trial conferenceh. Waiver to file answeri. Notice of change of addressj. Summary judgmentk. Judgment based on position paperl. Clarifying questionsm. Nature of proceedingsn. Effects of settlemento. Resolution of the casep. Who may issue decisions, orders and resolutions

ules]q. Contents of decisions, orders and resolutionsr. Service and finality of orders/decisions2. Appeals in employer-employee relations cases; money claims [under the olda. Period of appealb. Grounds of appealc. Appeal; where filedd. Appeal feee. Requisites for perfection of appealf. Appeal bondg. No extension of periodh. Appellee’s answeri. Immediate transmittal of records on appealj. Records of cases3. Execution of decisions in employer-employee relations cases [under the oldrules]4. Common provisions applicable to proceedings before POEA inemployer-employee relations cases; money claims [under the old rules]a. Records of proceedingsb. Appearancesc. Action on motionsd. Certification and feese. Authority to administer oathsf. Consolidation of casesg. Prescriptionh. Liberal construction of rulesi. Custody of seal and booksj. Disqualification of erring bonding companiesk. Applicability of the Revised Rules of CourtEMPLOYER-EMPLOYEE RELATIONS CASES WHEREVIOLATIONS OF RECRUITMENT REGULATIONS AREALLEGED AND/OR UNCOVERED.a. Monetary or non-monetary claims; jurisdictionb. Effect of settlement of employer-employee relations aspect of thecomplainton the uncovered or alleged recruitment violation/sc. Discovery of another offensed. Discovery of another respondentTERMINATION OF OVERSEASEMPLOYMENT; EFFECT.1. Present rule under Republic Act No. 80422. General legal precepts in termination cases3. Indemnity for dismissal without due process4. Award in foreign currency; proper currency to use5. Doctrine of laches; application thereof6. Quantum of evidence; burden of proofa. Substantial evidenceb. Onus probandic. Captain’s logbook; evidentiary value thereof

SOLIDARY LIABILITY OF LOCAL AGENCY WITHPRINCIPAL.1. Legal basesa. Rule under Republic Act No. 8042b. Rule under Rules to Implement the Labor Codec. Jurisprudential principles on solidary obligation2. Severance of relations between local agent and foreign principal; effect onliabilityCLAIMS FOR DEATH AND OTHERBENEFITS.1. Jurisdiction under the old law2. Jurisdiction under the new law3. Distinction from death and compensation claimsagainst State Insurance Fund under ECC jurisdiction4. Death; basis of compensation5. Work-connection requiredDISCIPLINARY ACTIONCASES.1. POEA retains jurisdiction over disciplinary action cases2. Grounds for disciplinary action3. Handling of disciplinary action cases; procedure4. Watchlist; who may be included5. Penalties for breach of discipline6. Penalty; effect on civil or criminal liability7. Disqualification of contract workers8. Delisting of name from POEA watchlist9. Prescription of actionCODE OF DISCIPLINE FOR OVERSEASCONTRACT WORKERS.1. Obligations of overseas workers2. Duty to Family3. Duty to fellow contract worker4. Duty to country5. Duty to agency and/or employer6. Duty to host countryARTICLE 18 - Ban on direct-hiringNOTES AND COMMENTS:1. Ban on direct-hiring2. Rationale for the ban3. Suability of foreign corporation directly hiring Filipino workersARTICLE 19 - Office of Emigrant AffairsNOTES AND COMMENTS:1. Abolition of Office of Emigrant Affairs2. Commission on Filipinos Overseas3. Powers and functions of the Commission4. Other relevant provisions of Batas Pambansa Bilang 79a. Definition of “Filipinos Overseas”b. SecretariatARTICLE 20 - National Seamen BoardNOTES AND COMMENTS:

1. Repeal of paragraph [A] of Article 20a. Repeal by Executive Order No. 797b. Relevant cases2. Repeal of paragraph [B] by Republic Act No. 8042a. Labor Arbiters have original and exclusive jurisdiction overmoney claims; POEA has no more jurisdictionARTICLE 21 - Foreign service role and participationNOTES AND COMMENTS:1. Protection to migrant workers and overseas Filipinosa. Under Article 21b. Under Republic Act No. 80422. Rights and enforcement mechanism under international and regional humanrights systems3. Country-team approacha. Priority concerns of Philippine foreign service postsb. Country-team approach; how carried out4. Incentives to professionals and other highly-skilled Filipinos abroad5. Travel advisory and information dissemination6. Repatriation of workers and emergency repatriation funda. Primary responsibility for repatriationb. Obligation to defray cost of repatriationc. Repatriation in case of fault of migrant workerd. Repatriation in case of war and other eventse. Mandatory repatriation of underaged migrant workersf. Repatriation procedureg. Action on non-complianceh. Other cases of repatriation7. Funds established for migrant workers and overseas Filipinos under RepublicAct No. 80421. Migrant Workers Loan Guarantee Fund2. Emergency Repatriation Fund3. Legal Assistance Fund4. Congressional Migrant Workers Scholarship Fund8. Welfare Fund for Overseas Workersa. Rationale for its creationb. Welfare Fund for Overseas Workersc. Welfund sourced. Administration of the Welfunde. Renaming of Administration to OWWAf. Responsibilities and powersg. Fund management9. Performing Artists Provident Fund10. Insurance coveragea. Mandatory life and personal accident insurance; funeral and medicalbenefitsb. Self-insurance by OWWAc. Balik-Manggagawad. Action on claime. Mandatory war risk insurancef. Identification of war risk areasg. Duration of insurance coverageh. War risk premium pay for seafarers

i. Benefits and compensation awarded to beneficiary11. Claims for death, disability and other benefitsa. Payment of claims for death, disability and other benefitsb. Administrative sanctions in case of failure or refusal to extend assistance12. Welfare and employment services; assistance to workersa. Responsibility to assist workersb. Request for assistancec. Assistance in the enforcement of contractual obligationsd. Assistance on matters not related to contractual obligationse. Welfare programs and activities13. Conciliation of complaintsa. Conciliation of complaintsb. Complainantc. Conciliation proceedingd. Administrative sanction for failure to act on complaint14. Workers’ orientationa. Pre-employment orientationb. Pre-departure orientation seminarc. Responsibility of providing a pre-departure orientation seminard. Cost of PDOSe. Review and approval of PDOS programs and tie-ups; accreditation ofPDOS trainorsf. Requirement for accreditation of a non-governmental organization (NGO)g. Supervision and monitoring of PDOS activitiesh. Submission of PDOS reportsi. Certificates of attendancej. PDOS for POEA-placed workersk. Other related programs and activitiesl. Sanctions15. Manpower registrya. Manpower Registry or Skills Bankb. Membership in the Manpower Registryc. Agency manpower poold. Disqualification from the Manpower Registry16. Manpower research and developmenta. Research studiesb. Manpower development program for overseas workersc. Development of training standardd. Implementation, supervision and regulation of training programs foroverseas employmentARTICLE 22 - Mandatory remittance of foreign exchange earningsNOTES AND COMMENTS:1. Mandatory obligation to remit foreign exchange earningsa. Reason why obligation is mandatoryb. Coveragec. Mandatory obligation to remitd. Amount of foreign exchange remittancese. Form of remittancef. Procedure of remittanceg. Failure or refusal to remit and trafficking in foreign currencyh. Responsibility of employer or his representative

i. Obligation to reportj. Proof of compliancek. Effect of non-compliance with the mandatory remittancerequirement on issuance, renewal and extension of passportl. “Substantial compliance”, explainedm. Effect of non-compliance with the mandatory remittance requirementon accreditation of employer, issuance of license or authority andapproval/renewal of contracts of employmentn. Conflict in mandatory remittance requirement and host country’sregulations on the mattero. Beneficiaries living with contract workers abroadp. Punitive provisions of Executive Order No. 857, repealedq. Role of embassy as channel for remittancer. Remittances of contract are not deemed personal deductions for incometaxation purposess. Filipino servicemen in U.S. defense installationst. Immigrants and Filipino employees of the United Nationsu. Permanent Secretariat2. Guidelines and mechanism to facilitate remittancesI. Guidelines for group remittances [payroll system - 70%]II. Guidelines for individual remittanceIII. Implementation of guidelinesIV. Sanctions3. Overseas Workers Investment Funda. Declaration of policyb. Scopec. Overseas Workers’ Investment Fund Boardd. Powers and functions of the OWI Fund Boarde. Debt purchase guidelinesf. Investment instrumentg. Additional incentivesh. Coordinating agenciesi. Contingency measuresj. Initial fundingk. Program periodARTICLE 23 - Composition of the BoardsNOTES AND COMMENTS:1. Amendment by Executive Order No. 2472. Structural organization of POEAa. General organizational structureb. Additional membership in the POEA Governing Boardc. Regional extension unitsARTICLE 24 - Boards to issue rules and collect feesNOTES AND COMMENTS:1. Rule-making power2. Power to impose and collect feesCHAPTER IIREGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIESARTICLE 25 - Private sector participation in the recruitment andplacement of workersARTICLE 26 - Travel agencies prohibited to recruit

ARTICLE 27 - Citizenship requirementARTICLE 28 - CapitalizationARTICLE 29 - Non-transferability of license or authorityARTICLE 30 - Registration feesARTICLE 31 - BondsNOTES AND COMMENTS:1. Introduction2. Who may participate in the private sector3. Applicable rulesa. Rules and regulations for Local Employmentb. Rules and regulations for Overseas Employment4. Local recruitment and placementa. Definition of important termsb. Licensing of local recruitment and placement agenciesc. Authorizing establishment/renewal of branch officesd. Granting of authority/renewal to recruiterse. Placement fee, service fee and other chargesf. Renewal of license of private recruitment and placement agencyg. Cancellation or suspension of licenseh. Inspectorate and enforcement functions5. Overseas recruitment and placementGENERALPOLICY.a. General statement of policyLICENSING ANDREGULATION.Participation of the Private Sector in the Overseas Employment Programa. Qualifications for participation in the Overseas Employment Programb. DisqualificationsIssuance of Licensea. Requirements for issuance of licenseb. Action on the applicationc. Issuance of licensed. Payment of fees and posting of bondse. Validity of licensef. Non-transferability of licenseg. Change of ownership or relationship of single proprietorship orpartnershiph. Upgrading of single proprietorship or partnershipi. Change of directors of corporationj. Change of other officers and personnelk. Appointment of representativesl. Publication of change of directors/other officers and personnel;revocation of amendment of appointment of representativesm. Transfer of business address and studion. Establishment of executive officeo. Establishment of branch and extension officesp. Conduct of recruitment outside of registration office, branch or extensionofficeq. Renewal of license

. Non-expiration of licenses. Action on renewal of licenset. Failure to renewu. Denial of renewal of licensev. When to consider cash bond or deposit in escrow garnishedw. Replenishment of cash surety bond or deposit in escrowx. Refund of cash bond or release of deposit in escrowy. Evaluation of performance of agenciesz. Classification and rankingRegistration of Philippine-registered Vesselsa. Registration of Philippine shipping companiesb. Validity period of special registrationc. Requisites for renewalInspection of Agenciesa. Inspection before licensingb. Inspection of agenciesc. Authority to inspectd. Subject of inspectione. Inspection proceduref. Violation found in the course of inspectionPlacement Fees and Documentation Costsa. Fees chargeable against principalsb. Fees or costs chargeable from workersc. Prohibition on charging of other feesd. Seafarer’s Welfare Fund contributione. Charges deductible from fees by withdrawing workersAdvertisement for Overseas Job Vacanciesa. Advertisement for publication or broadcasts of job vacanciesof accredited foreign principal or project in print, radio or televisionb. Advertisement for manpower pooling by agenciesc. Press releases on recruitmentd. Sanctionse. Foreign advertisers for overseas job vacanciesf. Advertisement of multinationals and transnationals based in thePhilippinesTrade test and Medical Examination for Overseas Employmenta. When to conduct trade testsb. Scope of trade testsc. When to conduct medical examinationDeparture of Contract Workersa. Labor Assistance Center (LAC)b. POEA clearance for special casesc. Coordination with government functionariesPLACEMENT BY THE PRIVATESECTOR.Accreditation of Principals and Projectsa. Application for accreditation of principals and projectsb. Requirements for accreditationc. Verification or authentication of documentsd. Parties to the agreemente. Accreditation of principals

f. Transfer of accreditationg. Actions on applications for accreditation of projects whose contractingpartners/principals have outstanding obligationsh. Approval and validity of accreditationi. Revocation of accreditationj. Blacklisting of persons, principals and contracting partnersDocumentary Processinga. Recruitment order or crew orderb. Documentary processingc. Payment of processing feesd. Workers’ deploymente. One-Stop Processing Centerf. Balik-Manggagawa processingg. Agency-endorsed returning workers; no-deployment feesMARKET DEVELOPMENT AND FORMULATION OFEMPLOYMENT STANDARDS.Market Developmenta. Market promotion and developmentb. Market research and planningc. Market promotionsFormulation of Employment Standardsa. Employment standardsb. Minimum provisions for contractc. Standard employment contractd. Validity of standard form contractse. Invalidity of contract diminishing salary and benefits; exceptionf. Interpretation of contractg. Governing lawh. SSS coverage6. Overseas construction industrya. Declaration of policyb. Definition of termsc. Incentives to Filipino overseas contractorsd. Internationally-bid local projectse. Priority in hiringf. Registrationg. Composition of Boardh. Strategies and programs for developing the Philippine overseasconstruction industryi. Coordination of strategies and policiesj. Powers and functions of the POCBk. Rules and regulationsl. Meeting and quorumm. Remuneration of members of the Boardn. Executive staffo. Special attachesp. Penal provisions7. Guidelines governing the employment of construction workers overseasa. Statement of objectivesb. Statement of policyc. Definition of terms

d. Accredited contractual arrangementse. Exempted workersf. Qualifications for registrationg. Accreditation of principals or projectsh. Trainingi. Monitoring and control of overseas projectsj. Suspension or cancellation of registrationk. Fees8. Deployment of performing artistsa. Circular No. 01-91b. Comprehensive welfare program for performing artists overseas9. Deployment of Filipinos in foreign householdsa. Policyb. Administrationc. Coveraged. Authorized hiringse. Qualification requirementsf. Processingg. Minimum contract terms/conditionsh. Travel arrangementsi. Service and other feesARTICLE 32 - Fees to be paid by workersNOTES AND COMMENTS:1. Placement and documentation fees2. Refund of fees illegally collected3. Government fees and administrative costs4. Abolition of repatriation and performance bond5. Exemption from travel tax and airport feeARTICLE 33 - Reports on employment statusNOTES AND COMMENTS:1. Reports required2. Qualifying standard of the exercise of power3. Consequence of failure to comply with reportorial requirementsARTICLE 34 - Prohibited practicesNOTES AND COMMENTS:1. Acts or practices prohibiteda. Coverageb. Paragraph [a] of Article 34c. Paragraphs [b] and [c] of Article 34d. Paragraph [d] of Article 34e. Paragraph [e] of Article 34f. Paragraph [f] of Article 34g. Paragraphs [g] and [h] of Article 34h. Paragraph [i] of Article 34i. Paragraph [j] of Article 34j. Paragraph [k] of Article 342. Application of law to both local and overseas employment3. Local employmenta. Prohibited practicesb. Fines and schedule of penalties4. Overseas employment

ARTICLE 35 - Suspension and/or cancellation of license or authorityNOTES AND COMMENTS:1. Suspension or cancellation of license for overseas employmenta. Grounds for suspension/cancellation of licenseb. Grounds for revocation of license for overseas employmentCHAPTER IIIMISCELLANEOUS PROVISIONSARTICLE 36 - Regulatory PowerNOTES AND COMMENTS:1. Nature of power2. Exercise of the powerARTICLE 37 - Visitorial powerNOTES AND COMMENTS:1. Visitorial power2. Obstruction of exercise of visitorial powerARTICLE 38 - Illegal recruitmentNOTES AND COMMENTS:1. Application of Article 38 to both local and overseas employment2. Concept of illegal recruitment3. Illegal recruitment as defined in various laws and rulesa. Illegal recruitment as defined in Republic Act No. 8042 and itsImplementing Rulesb. Illegal recruitment as defined in Article 38c. Illegal recruitment as defined in the POEA rules4. Elements of illegal recruitmenta. First element: recruitment and placement activitiesb. Second element: Non-licensee or non-holder of authority5. Illegal recruitment, when considered economic sabotagea. Crime involving economic sabotageb. By a syndicatec. In large scale6. Elements of illegal recruitment by a syndicate7. Elements of large scale illegal recruitment8. Commission of other crimes in the process of illegal recruitment9. Persons criminally liable for illegal recruitment10. Independent administrative action11. Prohibition on government officials and employees12. Venue of criminal action for illegal recruitment13. Mandatory periods for resolution of illegal recruitment cases14. Prescriptive period of illegal recruitment casesa. Under Republic Act No. 8042b. Under the Labor Code15. Free legal assistance; witness protection program16. Warrants of arrest, search and seizurea. Power of the Secretary; legislative historyb. Power under paragraph [c], Article 38c. Power under the Rules to Implement the Labor Code17. Power to arrest and order search and seizure declared unconstitutional and nulland void18. Judicial recourse19. Warrantless arrest and searches and seizures

20. Power to order closureARTICLE 39 - PenaltiesNOTES AND COMMENTS:1. Penalties in generala. Application to local employmentb. Application to overseas employmentc. Illegal recruitment constituting economic sabotage2. Penalty for violations committed by licensees or holders of authority3. Penalty for violations committed by non-licensees or non-holders of authority4. Persons liable if committed by juridical persons5. Effect of conviction6. Application of Article 288Title IIEMPLOYMENT OF NON-RESIDENT ALIENSARTICLE 40 - Employment permit of non-resident aliensNOTES AND COMMENTS:1. Guidelines for the issuance of Alien Employment Registration Certificate(AERC)a. Definition of important termsb. Coveragec. Securing of AERC irrespective of source of compensationd. Documents requirede. Place to apply for an AERCf. Validity of AERCg. Denied application; mode of appealh. Registration feei. Limitations imposed on hiring of alien workers2. Revised Guidelines for the Issuance of Alien Employment Permita. Definition of termsb. Coveragec. Employment permit required for entryd. Securing of employment permit irrespective of source of compensatione. Exemption from permitf. Documents requiredg. Place to apply for an employment permith. Designation of understudiesi. Exemption from the understudy requirementj. Submission of the understudy programk. Supervision over the understudy programl. Understudy program progress reportm. Change of understudiesn. Issuance of employment permito. Period of validity of employment permitp. Permit feeq. Advice to CIDr. Extension of employment permitARTICLE 41 - Prohibition against transfer of employmentNOTES AND COMMENTS:1. Prohibition and grounds for cancellation of permita. Prohibition under Article 41b. Grounds for cancellation of AERC

c. Cancellation or revocation of employment permit2. Penalty for violation of Title II, Book IARTICLE 42 - Submission of listNOTES AND COMMENTS:1. Required submission of list2. Submission of list of aliens employedBOOK TWOHUMAN RESOURCES DEVELOPMENT PROGRAMTitle INATIONAL MANPOWER DEVELOPMENT PROGRAMCHAPTER INATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIRIMPLEMENTATIONARTICLE 43 - Statement of objectiveNOTES AND COMMENTS:1. TESDA Act of 1994a. Republic Act No. 7796b. Declaration of policyc. Statement of goals and objectivesARTICLE 44 - DefinitionsNOTES AND COMMENTS:1. Terms defined under the Rules to Implement Book II of the Labor Code2. Relevant terms defined under the TESDA Act of 1994ARTICLE 45 - National Manpower and Youth Council; CompositionNOTES AND COMMENTS:1. TESDA replaced and absorbed NMYC2. TESDA; creation3. TESDA Boarda. Compositionb. Term of officec. Change of membershipd. Meetings and emolumentse. Powers of the TESDA Boardf. Functions of the TESDA Board4. TESDA budget5. Compliance with salary standardization law6. Transfer of personnel of NMYC and BTVEARTICLE 46 - National Manpower PlanNOTES AND COMMENTS:1. National Manpower Plan formulated by NMYC2. Programs and activities in technical education and skills development under theTESDA Act of 1994 3. Comprehensive Development Plan for Middle-Level Manpowera. The planb. President’s approvalc. Assistance of private sector and the academed. Reformed industry-based training programe. Review and endorsement of agencies’ budgetsf. TESDA’s evaluation of agencies’ programsg. Submission of reports to TESDA4. Devolution of TESDA’S training functions to local governmentARTICLE 47 - National Manpower Skills Center

NOTES AND COMMENTS:1. Skills Development Centers2. Technical Education and Skills Development Committeesa. The Committeesb. TESDA Committees’ relations to local development councilsc. Composition of the TESDA CommitteesARTICLE 48 - Establishment and formulation of skills standardsNOTES AND COMMENTS:1. National standards of trade skills under Article 48 and its implementing rules2. Establishment and administration of national trade skills standards under theTESDA Act of 19943. Skills development opportunities4. Skills olympicsARTICLE 49 - Administration of training programsNOTES AND COMMENTS:1. Administration of training programs under Article 49 and its implementing rules2. Administration of training programs under the TESDA Act of 19943. Assistance to employers and organizations4. Coordination of all skills training schemes5. Technical and vocational schools and training centersa. Public technical and vocational schoolsb. Private technical and vocational schoolsc. Training centers6. User-led or market-driven strategy7. Dual Training System Act of 1994a. Republic Act No. 7686b. Implementing Rules of Republic Act No. 7686c. Declaration of policyd. Objectivese. Definition of termsf. Institutionalization of the dual training systemg. Coverageh. Appropriate authority; organization and structurei. Appropriate authority - TESDAj. Powers and functions of the BTVEk. Accreditation; general provisionsl. Accreditation of educational institutionsm. Accreditation of establishmentsn. Curricular regulationso. Planning and coordinationp. Incentives for participating establishments; tax deductibilityq. Assistancer. Obligation of BTVE (now TESDA) to train instructors, etcs. Obligations of accredited agricultural, industrial and businessestablishmentst. Obligations of the accredited educational institutions or training centersu. Obligations of the traineev. Status of traineew. Non-diminution of incentivesx. Signing of Memorandum of Agreementy. Revolving fund

z. Other exemption from taxes and dutiesaa. Sanctions for offenses and violations8. The TESDA Development Funda. The Fundb. The Administrator and Fund Managerc. Expert group on funding schemed. Levy and grant schemee. Fees and chargesf. Instructional improvement fund9. Scholarship grants10. Power of TESDA to review and recommend actionsARTICLE 50 - Industry boardsNOTES AND COMMENTS:1. Industry boards under Article 50 and its implementing rules2. Industry boards under the TESDA Act of 1994ARTICLE 51 - Employment service training functionsNOTES AND COMMENTS:1. Employment promotion scheme2. Studies and research3. Research and continuous assessment and studies4. EvaluationARTICLE 52 - Incentive SchemeNOTES AND COMMENTS:1. Incentive scheme under Article 52 and its implementing rules2. Incentive schemes under the TESDA Act of 19943. Labor training expenses as income tax deduction4. Deductibility of labor training costs for apprenticesARTICLE 53 - Council secretariatNOTES AND COMMENTS:1. TESDA Secretariata. TESDA Secretariat; functions and responsibilities2. The Director-General3. The Deputy Directors-General4. The Chief of Services for Administration5. Structural organization and personnela. Planning Office (POb. Skills Standards and Certification Office (SSCO)c. National Institute for Technical Vocational and Education Training(NITVET)d. Office of Formal Technical Vocational Education and Training (OFTVET)e. Office of the Non-Formal Technical-Vocational Education and Training(ONFTVET)f. Office of Apprenticeship (OA)g. Creation of other offices by TESDAARTICLE 54 - Regional manpower development officesNOTES AND COMMENTS:1. Regional manpower development offices under Article 542. TESDA regional offices under the TESDA Act of 19943. TESDA provincial officesARTICLE 55 - Consultants and technical assistance, publication andresearch

NOTES AND COMMENTS:1. Consultants and technical assistance, publication and researchARTICLE 56 - Rules and regulationsNOTES AND COMMENTS:1. Rule-making power2. Review of TESDA performanceTitle IITRAINING AND EMPLOYMENT OF SPECIAL WORKERSCHAPTER IAPPRENTICESARTICLE 57 - Statement of objectivesNOTES AND COMMENTS:1. Statement of objectives2. Apprenticeship program to be implemented and administered by TESDA3. Office of Apprenticeship (OA) created under the TESDA Act of 1994ARTICLE 58 - Definition of termsNOTES AND COMMENTS:1. Terms defined in the implementing rules2. Relevant terms defined in the TESDA Act of 1994 and its implementing rulesARTICLE 59 - Qualifications of apprenticeNOTES AND COMMENTS:1. Qualifications of apprentices2. Conflict in the age requirement3. Imposition of additional requirement on physical fitness, valida. Validity of physical fitness requirementb. Total physical fitness not an absolute requirementc. Free physical examination4. Certificate of completion of apprenticeship5. Certificate, evidence of skillsARTICLE 60 - Employment of apprenticesNOTES AND COMMENTS:1. Who may establish programs2. Assistance by non-profit entities3. Apprenticeable trades4. Participation in standards settingARTICLE 61 - Contents of apprenticeship agreementsNOTES AND COMMENTS:1. Contents of apprenticeship agreement2. Apprenticeship period3. Hours of work of apprentices4. Previous training or experience5. Wage rate of apprentices6. Model apprenticeship standards7. Recognition of apprenticeship programs8. Without DOLE approval of agreement, apprentice becomes regular employee9. Benefits accruing to recognitionARTICLE 62 - Signing of apprenticeship agreementNOTES AND COMMENTS:1. Parties to agreement2. Copies of agreement to be furnished government agency3. Tripartite apprenticeship committees

4. Non-tripartite apprenticeship committees5. Duties of apprenticeship committees6. Creation of an ad hoc advisory committee7. Certificate of meritorious service issued to apprenticeship committeesARTICLE 63 - Venue of apprenticeship programsNOTES AND COMMENTS:1. Apprenticeship schemes2. Use of training centers3. Priority in use of training centersARTICLE 64 - Sponsoring of apprenticeship programNOTES AND COMMENTS:1. How apprenticeship program may be undertaken2. Venues of on-the-job training3. Explicit description of on-the-job trainingARTICLE 65 - Investigation of violation of apprenticeship agreementNOTES AND COMMENTS:1. Investigation of violation of apprenticeship agreement2. Valid causes to terminate apprenticeship agreementa. Who may terminateb. Termination by employerc. Termination by apprentice3. Procedure of termination of apprenticeshipARTICLE 66 - Appeal to the Secretary of Labor and EmploymentNOTES AND COMMENTS:1. Remedy of appeal; reglementary periodARTICLE 67 - Exhaustion of administrative remediesNOTES AND COMMENTS:1. Enforcement of agreementARTICLE 68 - Aptitude testing of applicantsNOTES AND COMMENTS:1. Aptitude tests2. Passing aptitude test is a minimum requirementARTICLE 69 - Responsibility for theoretical instructionNOTES AND COMMENTS:1. Theoretical instructions by employer2. Ratio of theoretical instructions and on-the-job trainingARTICLE 70 - Voluntary organization of apprenticeship programs;exemptionsNOTES AND COMMENTS:1. General rule2. ExceptionsARTICLE 71 - Deductibility of training costsNOTES AND COMMENTS:1. Deductibility of cost of training apprentices; requisites2. Certification from DOLEARTICLE 72 - Apprentices without compensationNOTES AND COMMENTS:1. Apprentices without compensationCHAPTER IILEARNERSARTICLE 73 - Learners defined

NOTES AND COMMENTS:1. Definition of terms under the implementing rules2. Definition of relevant terms under the TESDA Act of 1994 and its implementingrules3. Learnership program to be implemented and administered by TESDAARTICLE 74 - When learners may be hiredNOTES AND COMMENTS:1. Circumstances when learners may be hired2. Approval of learnership programARTICLE 75 - Learnership agreementNOTES AND COMMENTS:1. Contents of learnership agreement2. Parties to learnership agreement3. Employment of minors as learners4. Wage rate of learners5. Cancellation of learnership programsARTICLE 76 - Learners in pieceworkNOTES AND COMMENTS:1. Special rule for learners in pieceworkARTICLE 77 - Penalty clauseNOTES AND COMMENTS:1. General penalty clause2. Penalties are penal in natureCHAPTER IIIHANDICAPPED WORKERSARTICLE 78 - DefinitionNOTES AND COMMENTS:1. Definition according to Article 78 and its implementing rules2. Definition according to Republic Act No. 6640ARTICLE 79 - When employableNOTES AND COMMENTS:1. Justification for employment of handicapped workersARTICLE 80 - Employment agreementNOTES AND COMMENTS:1. Employment agreement2. Contents of employment agreement3. Wage rate of handicapped workers4. Inspection of agreement by the Secretary of Labor and Employment5. Copy of agreement to be furnished to DOLEARTICLE 81 - Eligibility for apprenticeshipNOTES AND COMMENTS:1. Eligibility for apprenticeship and learnership2. Wage rate of handicapped worker if hired as apprentice or learnerBOOK THREECONDITIONS OF EMPLOYMENTTitle IWORKING CONDITIONS AND REST PERIODSCHAPTER IHOURS OF WORKARTICLE 82 - Coverage

NOTES AND COMMENTS:1. Employees covered2. Employees not covereda. Government employeesb. Managerial employeesc. Other officers or members of a managerial staffd. Domestic servants and persons in the personnel service of anothere. Workers paid by resultsf. Non-agricultural field personnelg. Members of the family of the employer3. Provisions referred to under the exclusionary clause4. Existence of employer-employee relationsa. Necessity to establish employment relationshipb. Employment relationship; contractual and voluntary in naturec. Existence of employment relationship; a question of fact and law5. Employer and employee; distinction6. Test of employment relationshipa. Absence of uniform test prescribed by law or jurisprudenceb. Four elements of employment relationshipc. Selection and engagement of employee, payment of wages and power ofdismissald. Control test; the controlling teste. Article 280; not yardstick to determine employment relationship7. Cases where employment relations exist8. Cases where employment relations do not exist9. Cases where the law itself does not create the employment relationship10. Quantum of evidence required to prove employment relationshipARTICLE 83 - Normal hours of workNOTES AND COMMENTS:1. Normal hours of work of employeesa. Rationale for the lawb. 8-hour normal working hoursc. Broken hoursd. Work in different shifts2. Work day, how reckoned3. Work week; how reckoned4. Reduction of eight-hour working day5. Shortening of work week6. Hours of work of part-time workers7. Hours of work of hospital and clinic personnela. Coverageb. Definition of termsc. Determination of bed capacity and populationd. Determination of size of populatione. Regular working hours of hospital or clinic personnelf. Regular working days of hospital or clinic personnelg. Overtime work of hospital or clinic personnelh. Hours worked of hospital or clinic personneli. Additional compensation for work on holidays and rest days8. Policy Instructions No. 549. Hours of work of public health workers

a. Republic Act No. 7305b. Public health workers; definedc. Public health workers; hours workedd. Overtime work of public health workerse. Work of public health workers during rest dayf. Night-shift differential of public health workersARTICLE 84 - Hours workedNOTES AND COMMENTS:1. Compensable hours worked2. Principles in determining hours worked3. Coffee breaks and rest period of short duration4. Waiting time5. Sleeping, when considered compensable6. Working while on call7. Travel timea. Travel from home to workb. Travel that is all in the day’s workc. Travel away from home8. Attendance in lectures, meetings and training programs9. Effect of power interruptions or brown-outs10. Work suspension due to peace and order disturbance11. Attendance in CBA negotiations12. Attendance in grievance meetings13. Attendance in hearings or conferences in cases filed by employees againstemployer14. Attendance or participation in strikes15. Working time of seamen16. Semestral break of teachersARTICLE 85 - Meal periodsNOTES AND COMMENTS:1. General rule on meal period2. Shortening of meal time to not less than 20 minutes; when compensable3. Shortening of meal time to not less than 20 minutes, when no compensable4. Shortening of meal time to less than 20 minutes; effect5. Mealtime involving several shiftsARTICLE 86 - Night shift differentialNOTES AND COMMENTS:1. Rationale for additional compensation for night shift work2. Employees not covered3. Percentage of night shift differential pay4. Additional compensation for work performed during night shift5. Night shift differential and overtime pay; distinction6. Additional compensation for work on scheduled rest day/special day7. Additional compensation for work on regular holidays8. Relation to existing individual or collective bargaining agreements or companypractice or policy9. Computation of night shift differential paya. Where night shift (10 p.m. to 6 a.m.) work is regular workb. Where night shift (10 p.m. to 6 a.m.) work is overtime workc. For overtime work in the night shift10. Illustrations

ARTICLE 87 - Overtime workNOTES AND COMMENTS:1. Overtime work rendered after normal eight (8) hours of worka. Reason for payment of overtime pay2. Additional compensation for overtime work on ordinary working days3. Regular wage or basic salary; meaning for purposes of computing overtime pay4. Premium pay; defined5. Overtime pay; defined6. Premium and overtime pay for holiday and rest day worka. Premium for work on special holidays (now special days) ordesignated rest days not falling on regular holidaysb. Overtime pay for work performed on special holidaysand rest days not falling on regular holidaysc. Entitlement of employees in public utility enterprises and in non-profitinstitutionsd. Premium pay for regular holiday worke. Overtime pay for work performed on regular holidaysf. Overtime pay for work performed on regular holidays falling on thescheduled rest day7. Illustrations8. Stipulated overtime rates9. Waiver of overtime pay; effect of laches or estoppela. Waiver of overtime payb. Laches or estoppel10. Payment of overtime pay cannot cause distortion11. Payment of overtime pay is not unjust enrichment12. Built-in overtime pay13. Basis of claim for overtime pay14. Teaching overload and overtime in private schoolsARTICLE 88 - Undertime not offset by overtimeNOTES AND COMMENTS:1. Situations contemplated under Article 882. Meaning of undertime workARTICLE 89 - Emergency overtime workNOTES AND COMMENTS:1. Compulsory overtime work2. Provisions of the implementing rules3. The general rule remains that no employee may be compelled to renderovertime work against his will4. Rule when employee refuses to render emergency overtime workARTICLE 90 - Computation of additional compensationNOTES AND COMMENTS:1. Meaning of “regular wage” as basis of computation2. Non-diminution of benefits, supplements or paymentsCHAPTER IIWEEKLY REST PERIODSARTICLE 91 - Right to weekly rest dayNOTES AND COMMENTS:1. Rationale for the law2. Coverage3. Business on Sundays and holidays

4. Weekly rest day5. Preference of employee6. Schedule of rest day7. Waiver of compensation for work on rest days and holidays; invalidity thereofARTICLE 92 - When employer may require work on a rest day.NOTES AND COMMENTS:1. When work on rest day compulsory and authorized2. Observations on Article 92 vis-à-vis its implementing rule3. Exclusive character of the enumeration in Article 92 and its implementing rulesARTICLE 93 - Compensation for rest day, Sunday or holiday workNOTES AND COMMENTS:1. Employees not covered2. Additional compensation for work on rest day or Sunday or holidaya. Premium pay for work on scheduled rest dayb. Premium pay for work on Sunday when it is employee’s rest dayc. Premium pay for work performed on Sundays and holidays whenemployeehas no regular workdays and no scheduled regular rest daysd. Premium pay for work performed on special holidays (now special days)which fall on employee’s scheduled rest daye. Additional compensation for work on regular holidaye. Higher rate provided in agreements2. Illustrations4. Paid-off days5. Relation to agreementCHAPTER IIIHOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGESARTICLE 94 - Right to holiday payNOTES AND COMMENTS:1. Holiday pay; meaning and purpose2. Coverage, exceptions3. Distinction between monthly-paid and daily-paid employees4. Status of employees paid by the montha. Provisions declared null and voidb. Proper divisor to obtain daily equivalent of monthly salaryc. Reimbursement of overpayment in overtime pay due to use of 251 asdivisor;effect of mistaked. Computation should be similarly handlede. When entitlement to holiday pay of monthly-paid employees shouldcommencef. Withdrawal of holiday pay benefit5. CBA stipulation on holiday pay; effect6. Payment of regular daily wage for unworked regular holiday7. Compensation for work on regular holidaya. 200% compensation for regular holiday workb. Illustration8. Compensation for work on regular holiday falling on scheduled rest daya. 260% compensation for regular holiday work on scheduled rest dayb. Illustration9. Overtime pay for regular holiday work

10. Overtime pay for regular holiday work falling on the scheduled rest day11. Rules involving special daysa. “Special holidays” now known as “special leaves”b. Principle of “no work, no pay“ applies to special daysc. Exception to “no work, no pay” ruled. Premium pay for work performed during special dayse. Premium pay for work performed during special days falling onscheduled rest day11. Effect of absences on entitlement to holiday paya. Employees on leave of absence with payb. Employees on leave of absence without payc. Employees on leave while on SSS or employee’s compensationbenefitsd. When day preceding regular holiday is a non-working day or scheduledrest day12. Holiday pay during temporary or periodic shutdown and temporary cessation ofworka. Temporary or periodic shutdown or cessation of work not due tobusiness reversesb. Temporary cessation of operation due to business reverses13. Holiday pay of certain employeesa. Private school teachersb. Holiday pay of hourly-paid teachersc. Covered employees paid by results or output; distinction betweensupervisedand unsupervised workersd. Seasonal workerse. Employees with no regular working daysf. Holiday pay of field personnel14. Regular holiday falling on rest days or Sundaysa. Regular holiday falling on scheduled rest dayb. Regular holiday falling on a Sundayc. Effect on monthly-paid employees of regular holidays falling on aSunday;employer has no obligation to pay extra15. Successive regular holidays16. Two regular holidays falling on the same daya. Payment of holiday payb. Compensation for April 9, 1993, a unique dayc. Effects on existing agreements and company policies/practices17. Relation to agreements18. List of regular holidays and special days under Executive Order No. 203a. Executive Order No. 203b. List of regular holidays and special daysc. Observations on Executive Order No. 203 vis-à-vis Article 94 [c]d. Change in nomenclaturee. Distinction between “regular holidays” and “special day”f. General election; effect19. Repeal of Article 94 [c] by Executive Order No. 20320. Muslim holidays21. Effect of failure to show proof of payment of holiday pay

ARTICLE 95 - Right to service incentive leaveNOTES AND COMMENTS:1. Rationale for the law2. Coverage; exceptions3. Other exempted establishments4. Right to service incentive leave.5. Meaning of “one year of service”6. Accrual of service incentive leave benefit7. Commutation to cash; basis of computationa. Commutability to cash if unusedb. Basis of computationc. Illustrationd. Rationale for leave credit accumulation and cash conversion8. Grant of service incentive leave benefit in excess of that provided by Article 959. Right of part-time or contractual workers to service incentive leave10. No Labor Code provision on vacation leave or sick leave or other forms of leave11. Effect of failure to show proof of payment of service incentive leave payARTICLE 96 - Service chargesNOTES AND COMMENTS:1. Coveragea. Establishments coveredb. Employees covered.2. Distribution of service chargesa. Percentage of sharing.b. The P2,000.00 rule.3. Frequency of distribution4. Rule if collection of service charge is abolished5. TipsTitle IIWAGESCHAPTER IPRELIMINARY MATTERSARTICLE 97 - DefinitionsNOTES AND COMMENTS:1. Persona. Person, in generalb. Individual or single proprietorship; definedc. Partnership; meaningd. Corporation; defined.e. Business trust, legal representatives or any organized group of persons.2. Employer and employee3. Agriculturea. Agriculture; items includedb. Agriculture; items not includedc. Plantation and non-plantation agricultural enterprise; meaningd. Significance in the legal definition of “agriculture”4. Wagea. Attributes of wage

. Cash wagec. “Wage”, “salary” and “pay”; distinctiond. Commission; nature and treatment as part of wage5. Actual work; basis of claim for wages6. Facilitiesa. Facilities, meaningb. Value of facilitiesc. Good accounting practices; meaningd. Depreciation; meaninge. Voluntary acceptance of facilities7. Supplements a. Supplements; meaning8. Facilities and supplements; distinction9. Rule on deductibility of facilities and supplements10. Gratuity and allowancesa. Gratuity; meaning b. Allowances.ARTICLE 98 - Application of titleNOTES AND COMMENTS:1. Coverage2. Exceptions under the implementing rulesCHAPTER IIMINIMUM WAGE RATESARTICLE 99 - Regional minimum wagesNOTES AND COMMENTS:1. Minimum wage; concept and rationalea. Conceptb. Rationale2. Regional minimum wages3. Regional minimum wage rates/statutory minimum wage4. Basis of minimum wage5. Choice of factors/divisors; management prerogative 6. Reckoning ofunpaid wages or wage differentials in illegal dismissal cases.7. Wage rules affecting private educational institutionsa. Backgroundb. Observationsc. Wage increases mandated by law; how applied d.Chargeability to Wage Orders of wage increases from incremental proceedsin tuition fee increases 8. Conversion of employees fromdaily-paid to monthly-paid 9. Guidelines for computation of the equivalentmonthly rate [EMR] of monthly-paidand daily-paid employees a. For monthly-paid employeesdefinite factorb. For daily-paid employeesc. For private school teachers; where the educational institution uses aA. Collegiate levelB. Secondary level.C. Elementary leveld. For private school teachers; where the instructor is paid on the basisof student contact hour or paid by the hour10. Teaching loads prescribed by DECS for teachers11. Salaries of public health workers

a. Salariesb. Additional compensation/allowancec. Hazard allowanced. Subsistence allowancee. Longevity payf. Laundry allowanceg. Remote assignment allowanceh. Housingi. Medical examination .j. Compensation for injuriesk. Leave benefits for public health workersl. Prohibition against double recovery of benefitsm. Prohibition against elimination and/or diminutionn. Penal provision12. Laws granting minimum wages and living allowancesa. Laws generally applicable to entire countryb. Wage Orders passed by the Regional Tripartite Wages andProductivity Boards13. Integration of monetary benefits into basic payARTICLE 100 - Prohibition against elimination or diminution of benefitsNOTES AND COMMENTS:1. Application of Article 1002. The law mentions date of promulgation not effectivity date of the Labor Code3. Rules providing for non-diminution or non-elimination clause4. Company practice; factors indicative thereof5. Bonusa. General rule; not demandable or enforceableb. Bonus; when demandable and enforceablec. Prescriptive period of claims for bonusd. Forfeiture of bonus.6. Thirteenth-month paya. Presidential Decree No. 851 and its implementing rulesb. Policy instructions No. 5 [13th-month bonus for multiple employers]c. Memorandum Order No. 28 and its guidelinesd. DOLE Bulletin on inclusion of teachers’ overload pay in 13th-month paydeterminatione. Republic Act No. 7833 [tax exemption of 13th-month pay]f. Revenue Memorandum Circular No. 36-94[tax exemption of 13th-month pay and other benefits]7. Productivity Incentives Act of 1990a. Coverageb. Constructionc. Definition of termsd. Labor-Management Committee; compositione. Productivity incentives program; objective and scopef. Productivity incentives program; componentsg. Productivity incentives program; contentsh. Ratificationi. Submission to RTWPBj. Notificationk. Amendments to the productivity incentives program

l. Technical support in the development of productivity incentives programm. Effect on existing CBAsn. Integration in the CBAso. Productivity bonuses.p. Frequency of granting productivity bonusesq. Special deduction from gross income for productivity bonusesr. Special deduction from gross income for grants and local trainings andspecial studiess. Special deduction from gross income for manpower training abroadt. Period considered for tax deductionu. Eligibility f tax incentives in training grantsv. Requirements for granting tax incentivesw. Effectivity of tax incentivesx. Manpower training for skills and behavioral development and specialstudies; coveragey. Pre-training requirementsz. Post-training requirementsaa. Disputes and grievancesbb. Suspension of benefitscc. Rule-making power.dd. Non-diminution of benefitsee. Penalty8. Bonus and 13th-month pay; creditability issuea. Marcopper Mining Corp. vs. Ople, et al. caseb. NFSW vs. Ovejera, et al. casec. DOLE Philippines vs. Leogardo, et al. cased. Brokenshire Memorial Hospital, Inc. vs. NLRC, et al. casee. United CMC Textile Workers Union vs. Valenzuela, et al. case.f. Universal Corn Products vs. NLRC, et al. caseg. FEU Employees Labor Union vs. FEU caseh. Framanlis Farms, Inc. vs. Minister of Labor, et al. casei. Kamaya Point Hotel vs. NLRC, et al. casej. UST Faculty Union vs. NLRC, et al. case9. 14th-month pay10. Compromise agreement or amicable settlementa. Compromise agreement in cases before the Bureau of Labor Relationsand DOLE Regional Officesb. Compromise agreements in cases before Labor Arbiters and the NLRC11. Quitclaim and releaseARTICLE 101 - Payment by resultsNOTES AND COMMENTS:1. Payment by results; nature2. Payment by results according to the implementing rulesa. Time and motion studiesb. Basis in determining ratesc. Allowed time; meaningd. Base rate; meaning.e. Output rates in work paid by results; effect if determined by employer orby DOLE3. Categories of workers paid by results4. Payment by results in government projects

5. Republic Act No. 6640 and its implementing rules6. Republic Act No. 6727 and its implementing rulesCHAPTER IIIPAYMENT OF WAGESARTICLE 102 - Forms of paymentNOTES AND COMMENTS:1. Manner and form of paymenta. General ruleb. Exceptions; payment by check or money orderc. Payment through automatic teller machines or other electronic devices2. Payment of salaries of public health workers3. Penalty under the Revised Penal CodeARTICLE 103 - Time of paymentNOTES AND COMMENTS:1. Time of payment; exception2. Time of payment of wages paid by results3. Relation to agreements or company policy or practiceARTICLE 104 - Place of paymentNOTES AND COMMENTS:1. Place of payment of wages; general rule2. Exceptions3. Prohibition on payment of wages in bars, massage clinics or night clubs;exception4. Payment through banksa. Requisites for payment of wages through banksb. Duty of bankARTICLE 105 - Direct payment of wagesNOTES AND COMMENTS:1. Direct payment of wagesa. General ruleb. Exceptions2. Wages of deceased employee.ARTICLE 106 - Contractor or subcontractorNOTES AND COMMENTS:1. Definition of terms2. Permissible job contracting3. Activities where labor contracting may be allowed4. Test of independent contractorship5. Company-wide ratio of regular employees to contractual employees [80:20 Rule]6. Conditions for permissible labor contracting7. Judicial notice of validity of job contracting8. Prohibited activities9. Power of Secretary to restrict or prohibit contracting-out of labor10. Licensing of labor contractors; requirementsa. Licensing authorityb. Licensing requirementsc. Lifetime of licensed. Contracting out beyond jurisdiction of issuing Regional Office11. Monitoring of labor contractor’s activities

12. Administrative sanctions13. Joint and several civil liability of indirect employer and contractor/sub-contractora. General ruleb. Exception14. Remedy of indirect employer against contractor or sub-contractor15. Nature of liability of indirect employer for payment of legally-mandated wageincreasesa. Rule under Republic Act No. 6640; subsidiary liabilityb. Rule under Republic Act No. 6727; joint and several16. Relevant Civil Code provision on nature of liability of indirect employer17. Illustrative cases of valid job contracting18. Labor-only contractinga. Express prohibitionb. Elements of labor-only contractingc. Substantial capital without investment in tools, equipment, machineries,etc.; effectd. Stipulation in the contract; effecte. Nature of liability of employer and labor-only contractor19. Illustrative cases of labor-only contracting20. Principal distinctions between job contracting and labor-only contracting21. Contracting activities in construction projectsa. Department Order No. 19, Series of 1993b. Statutory benefitsc. Requirements of labor and social legislationsd. Wage increasesARTICLE 107 - Indirect EmployerNOTES AND COMMENTS:1. Indirect employer2. Joint and solidary liability of indirect employerARTICLE 108 - Posting of bondNOTES AND COMMENTS:1. Bond of contractor or subcontractor2. Effect of failure to post a bondARTICLE 109 - Solidary liabilityNOTES AND COMMENTS:1. Articles 109 and 106; correlated.2. Object of obligation in Articles 106 and 1093. Meaning of opening phrase of Article 109ARTICLE 110 - Worker preference in case of bankruptcyNOTES AND COMMENTS:1. Worker preference in case of bankruptcya. Development in the lawb. Civil Code provisions correlated with Article 110c. Prospectivity of amendment to Article 1102. Mortgage credit3. Preference of taxes4. Meaning of “wages” under Article 110ARTICLE 111 - Attorney’s feesNOTES AND COMMENTS:1. Concept of attorney’s fees2. 10% Attorney’s fee

3. Basis of 10% attorney’s fees4. Non-lawyers are not entitled to attorney’s fees5. Judicial control of attorney’s fees6. Attorney’s fees in excess of 10% unlawful7. Contingency fee arrangement8. Article 111 and Article 222; correlateda. Distinctionb. Appearancesc. Substitution of counseld. Authority to bind partiese. Complaint for unethical conductf. Attorney’s fees for collective bargaining negotiationsg. Charging lien; where filed9. Penalty for violation of Article 111CHAPTER IVPROHIBITIONS REGARDING WAGESARTICLE 112 - Non-interference in disposal of wagesNOTES AND COMMENTS:1. Non-interference by employer in disposal of wages2. Wages not subject to execution; exception3. Penalty for violation of Article 1124. Penalty under the Revised Penal CodeARTICLE 113 - Wage deductionNOTES AND COMMENTS:1. General rule2. Permissible deductions from wages3. Deductions due to tardiness or absences4. Deduction from salaries of public health workers5. Set-off of debt due against employee’s monetary claims6. Deductions due to losses on account of alleged negligence7. Penalty for violation of Article 113ARTICLE 114 - Deposits for loss or damageNOTES AND COMMENTS:1. Prohibition against deposit requirement2. Permissible deductions for loss or damages3. Penalty for violation of Article 114ARTICLE 115 - LimitationsNOTES AND COMMENTS:1. Due process required2. Pre-requisites before deduction may be madeARTICLE 116 - Withholding of wages and kickbacks prohibitedNOTES AND COMMENTS:1. Prohibition on withholding of wages2. Kickbacks3. Penalty for violation of Article 116ARTICLE 117 - Deduction to ensure employmentNOTES AND COMMENTS:1. Deduction to ensure employment2. Penalty for violation of Article 117ARTICLE 118 - Retaliatory measuresNOTES AND COMMENTS:

1. Retaliatory actions2. When considered unfair labor practice3. Penalty for violation of Article 118ARTICLE 119 - False reportingNOTES AND COMMENTS:1. False statement; report or record2. Penalty for violation of Article 119CHAPTER VWAGE STUDIES, WAGE AGREEMENTS AND WAGE DETERMINATION700ARTICLE 120 - Creation of National Wages and Productivity CommissionNOTES AND COMMENTS:1. Republic Act No. 6727 [Wage Rationalization Act]2. Declared policy3. Abolition of the National Wages Council and National Productivity Commission4. Headquarters of the Commission; relation to DOLEARTICLE 121 - Powers and functions of the CommissionNOTES AND COMMENTS:1. Powers and functions2. Power of Commission Chairman to organize and appoint personnel3. Composition of the Commission4. Compensation and rank of sectoral representatives5. Commission SecretariatARTICLE 122 - Creation of Regional Tripartite Wages and ProductivityBoardsNOTES AND COMMENTS:1. Regional Boards; rationale for their creation2. Composition3. Regional Board Secretariat4. Powers and functions5. Implementation of plans, programs and projects6. The various regions of the countryARTICLE 123 - Wage OrderNOTES AND COMMENTS:1. Wage order; defined2. Necessity for wage order3. Effectivity of wage order4. Appeal to the Commission5. Effect of Appeal6. Constitutionality of wage order7. Exemption from wage ordera. Legal basisb. Observations on the trends relative to grant of exemption8. NWPC Guidelines No. 01, Series of 1996a. Definition of termsb. Categories of exemptible establishmentsc. Criteria for exemptiond. Documents required.e. Action on application for exemptionf. Application for projects/branches/divisions

g. Distressed principalh. Extent and duration of exemptioni. Procedures on exemptionj. Quorum and votes requiredk. Effect of disapproved application for exemptionl. Non-diminution of benefitsm. Supplementary guidelines on exemption9. Guidelines on Exemption for New Business Enterprises under Republic Act No.6727a. Definition of termsb. Coveragec. Classification of enterprises that may be exemptedd. Procedure and documents requirede. Workers’ oppositionf. Action on application for exemptiong. Request for reconsiderationh. Effectivity/duration of exemptioni. Effect of disapproved applicationsj. Effects of collective bargaining negotiations10. Revised Guidelines on Exemption for Retail/Service Establishments underRepublic Act No. 6727a. Definition of termsb. Procedure and documents requiredc. Criteria for exemptiond. Workers’ oppositione. Action on application for exemptionf. Request for reconsiderationg. Effectivity of approved applicationsh. Non-diminution of benefitsi. Effect of disapproved application11. Guidelines for Countryside and Barangay Business Enterprises [CBBEs]relative to labor laws and regulationsa. Department Order No. 22; rationaleb. Minimum wage for employees of existing CBBEsc. Exemption of new CBBEs from wage increase under Republic Act No.6727d. Benefits of the CBBEs’ employeese. Payment by results or outputf. Facilities deductible from wagesg. Filing of administrative forms/reportsh. No DOLE clearance requirement12. Execution of denied/disapproved/dismissed application for exemption [PolicyInstructions No. 55]a. Enforcement of final orders or awards.b. Issuance of writ of executionc. Execution before perfection of appeal or pending appeald. Enforcement of writ of executione. Custody of records.ARTICLE 124 - Standards/Criteria for minimum wage fixingNOTES AND COMMENTS:1. Methods of legislated minimum wage fixing

2. Revised rules of procedure on minimum wage fixinga. Construction of the rules; scopeb. Definition of termsc. Minimum wage fixingd. Conduct of hearings.e. Wage Orderf. Appealg. Quorum3. Wage distortion 745a. Backgroundb. Wage distortion; definitionc. “Elimination” and “severe contraction”; distinctiond. Severe contraction; measure thereofe. Wage distortion; correction thereoff. Unilateral or negotiated correction of wage distortiong. Requirement to restore substantial differentiation among classes ofemployeesh. Formula for resolving wage distortioni. Wage distortion is a question of fact4. Exemptions from wage increases; application therefor5. Enforcement of Wage Orders6. Disposition of pending matters7. Official records8. Jurisdiction over wage distortion casesa. In organized establishmentsb. In unorganized establishmentsc. Wage distortion involving Section 4 of R.A. No. 6727d. Disposition of wage distortion disputes subject of notice of strike orlockout9. Wage distortion, not a ground for a strike or lockout10. Statutory minimum wage; differentiation11. Obligation of employers to comply with registration and reportorial requirements12. Effect of statutory wage increases on workers paid by result13. Effect of statutory wage increases on special groups of workers14. Penal provisionsARTICLE 125 - Freedom to bargainNOTES AND COMMENTS:1. Wage increases through collective bargaining2. Wage increases and benefits from CBA and law; distinctiona. Wage increases and benefits from CBA different from those granted bylawb. Intention of the parties to CBA; materiality thereofc. Chargeability claused. Validity of chargeability/creditability clausee. CBA percentage increase in wages; basis3. Law is presumed part of CBA.a. Automatic incorporation clauseb. Effect of CBA stipulation on mandated wage increases4. CBA stipulations below minimum legal standards5. Binding effect of CBA6. Mandatory CBA registration requirement

a. Mandatory provisions of the CBAb. Registration requirements7. Obligation of employer to respect CBAARTICLE 126 - Prohibition against injunctionNOTES AND COMMENTS:1. Injunction against Commission and Board proceedings; prohibited2. Judicial reviewARTICLE 127 - Non-diminution of benefitsNOTES AND COMMENTS:1. Non-diminution of benefits provided under R.A. 6727CHAPTER VIADMINISTRATION AND ENFORCEMENTARTICLE 128 - Visitorial and enforcement powerNOTES AND COMMENTS:1. General overview of Article 1282. Visitorial power3. Enforcement power4. Appellate power or power of review5. Interference and injunctions prohibited6. Violation by government employee7. Employment records requireda. Payrollsb. Time recordsc. Entries in time recordsd. Time records of managers, executives and field personnele. Records of workers paid by resultsf. Place of recordsg. Preservation of records; periodh. False reporting8. Inspection to determine compliance with statutory wage increasesa. Inspection of unionized companiesb. Inspection of non-unionized companies9. Complaint for non-compliance with statutory wage increases10. Rules on the disposition of labor standards cases in the regional officesa. Enforcement authorityb. Authorized representatives of the Secretary of Labor and Employmentc. Visitorial powerd. Constructione. Suppletory application of Rules of Courtf. Labor standards; definitiong. Money claims arising from complaint/routine inspectionh. Endorsement of cases to the NLRCi. Appealsj. Executionk. Health and safety casesl. General provisionsARTICLE 129 - Recovery of wages, simple money claims and other benefitsNOTES AND COMMENTS:1. Adjudicatory powersa. Adjudicatory powers exercised by Regional Director or Hearing Officers

. Application of R.A. No. 6715; retroactivityc. Consolidation of casesd. When claims exceed P5,000.00e. Complaint; formf. Period to resolveg. Disposition of sum recoveredh. Role of Secretary or his representative in payment of unpaid wagesi. Appeal; decision of Regional Director/Hearing Officer2. Legal interest3. Jurisdiction over enforcement of labor standards lawsa. Servando’s, Inc. vs. Secretary of Labor caseb. Other related casesc. Memorandum Circular No. 02-Ad. Republic Act No. 7730e. Notes on Article 128 [b] as amended by R.A. 7730f. Article 129 as amended by R.A. 6715g. Article 129 correlated with Article 217 of the Labor Codeh. Articles 128 [b], 129 and 217, distinguished4. Jurisdiction by estoppelTitle IIIWORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEESCHAPTER IEMPLOYMENT OF WOMENARTICLE 130 - Nightwork prohibitionNOTES AND COMMENTS:1. Coverage2. Prohibition against nightwork of women employeesARTICLE 131 - ExceptionsNOTES AND COMMENTS:1. Exceptions to the prohibition in Article 130ARTICLE 132 - Facilities for womenNOTES AND COMMENTS:1. Facilities for women employees2. Relation to agreementsARTICLE 133 - Maternity leave benefitsNOTES AND COMMENTS:1. Maternity leave2. Paragraphs [A] and [C] of Article 133 no longer applya. Development in the lawb. Republic Act No. 7322c. Section 14-A of the Social Security Law, as amendedd. SSS Circular No. 15-Ve. Qualifications for entitlement to maternity benefitf. Pregnant women, whether married or unmarried, are entitled to maternityleave benefitsg. Maternity benefits, not part of 13th-month pay computationh. Voluntary or self-employed members not entitled to maternity benefiti. Computation of maternity benefitj. Entitlement to maternity benefit forecloses entitlement to sickness benefitk. Notification to SSS in case of pregnancyl. Payment of maternity benefit; how made

m. Forms needed in filing for maternity benefit; where filed3. Paragraph [B] of Article 133 still applies4. Payment of extended maternity leave5. Limitation on leave benefits6. Relation to agreements7. Paternity Leave Act of 1996a. Seven-day paternity leaveb. Definition of “paternity leave”, “delivery” and other termsc. Penalty for violationd. Non-diminution clauseARTICLE 134 - Family planning services; incentives for family planningNOTES AND COMMENTS:1. Requirement under paragraph [A] of Article 1342. Incentive bonus schemeARTICLE 135 - Discrimination prohibitedNOTES AND COMMENTS:1. Reference to Section 2 in the Article; Meaning2. Integration of women as full and equal partners of men in development andnation-buildinga. Republic Act No. 7192b. Implementing rulesc. Declaration of policyd. Responsible agency; NEDAe. Mandatef. Equality in capacity to actg. Equal membership in clubsh. Admission to military schoolsi. Voluntary Pag-IBIG, GSIS and SSS coveragej. Compliance reportARTICLE 136 - Stipulation against marriageNOTES AND COMMENTS:1. Invalidity of stipulation against marriageARTICLE 137 - Prohibited actsNOTES AND COMMENTS:1. Prohibited acts2. Sexual harassmenta. Declaration of policyb. Specific acts penalizedc. Persons who may be liable for sexual harassmentd. Sexual harassment in a work-related or employment environmente. Sexual harassment in an education or training environmentf. Duty of the employer or head of officeg. Solidary liability for damages of employer or head of officeh. Victim’s right to institute separate action for damagesi. Penaltiesj. Prescription of ActionARTICLE 138 - Classification of certain women workersNOTES AND COMMENTS:1. Classification of women workers in certain workplaces2. Regularity of employment3. When women workers not considered employees

CHAPTER IIEMPLOYMENT OF MINORSARTICLE 139 - Minimum employable ageNOTES AND COMMENTS:1. Article 139 [A] superseded by Section 12 of Republic Act No. 7610,as amended by Republic Act No. 7658a. Section 12, Republic Act No. 7610, as amendedb. Prohibition on the employment of children in certain advertisementsc. Duty of employer2. Department Order No. 18 [Implementing Rules of Republic Act No. 7658]a. General prohibitionb. Definition of termsc. Exceptions and conditionsd. Pre-employment requirementse. Hours of work of working childrenf. Effect on other issuancesg. Penalties3. Paragraphs [B] and [C] of Article 139 still effectivea. Effect of Republic Act No. 7610, as amended, on Article 139 [b] and [c]b. Non-hazardous work; meaningc. Examples of hazardous work4. Relevant provisions of Presidential Decree No. 603a. Right to self-organizationb. Conditions of employmentc. Educational assistance programd. Welfare programe. Research projects5. Employment of poor but deserving students during summer and/or Christmasvacationa. Employment of deserving students whose ages range from 15 to 25years of ageb. Poor but deserving students; definedc. Compensationd. Non-transferability of voucher for government subsidy; exceptionse. Rules and regulationsf. Penalty for violation6. Relevant provisions of the Revised Penal CodeARTICLE 140 - Prohibition against child discriminationNOTES AND COMMENTS:1. Non-discrimination on account of age2. Republic Act No. 7610 - The Special Protection of Children Against ChildAbuse,Exploitation and Discrimination Acta. Declaration of State policy and principleb. Definition of termsc. Program on child abuse, exploitation and discrimination; formulationthereofd. Child prostitution and other sexual abuse; penaltye. Attempt to commit child prostitution; penaltyf. Child trafficking; penalty

g. Attempt to commit child trafficking; penaltyh. Obscene publications and indecent shows; penaltyi. Other acts of neglect, abuse, cruelty or exploitation andother conditions prejudicial to the child’s development; penaltyj. Specific crimes of parent under Presidential Decree No. 603k. Sanctions for establishments or enterprises which commit actsprohibited by Republic Act No. 7610l. Non-formal education for working childrenm. Duty of employersn. Children of indigenous cultural communitieso. Children in situations of armed conflictp. Remedial proceduresq. Common penal provisions3. Relevant provision of the Revised Penal CodeCHAPTER IIIEMPLOYMENT OF HOUSEHELPERSARTICLE 141 - CoverageNOTES AND COMMENTS:1. Coverage 8472. Househelper; meaning3. Method of payment not determinantARTICLE 142 - Contract of domestic serviceNOTES AND COMMENTS:1. Employment contract of househelper2. Relevant Civil Code provisions3. Relevant provision of the Revised Penal CodeARTICLE 143 - Minimum wageNOTES AND COMMENTS:1. Republic Act No. 7655a. Minimum wage is on monthly basisb. Equivalent daily rate2. DOLE Department Order No. 7 [1994] Implementing Republic Act No. 7655a. Highly urbanized city; meaningb. Other chartered cities; meaningc. First-class municipality; meaning3. Payment of househelper’s wage by results4. Prohibited reduction of pay5. Review of employment contract6. SSS Coveragea. Under the Labor Codeb. SSS Circular No. 21-Vc. Compulsory coverage; effectivity dated. Registration by househelpere. Effect of separationf. Benefits, loans and other privilegesg. Contributions and remittance; basis and payment thereof7. Penalty for violation of Republic Act No. 7655 [or Article 143]8. Jurisdiction over cases involving househelpers9. Relation to other laws and agreementARTICLE 144 - Minimum cash wageNOTES AND COMMENTS:

1. Minimum wage rate; cost of lodging, food and medical attendance excluded8542. Time and manner of paymentARTICLE 145 - Assignment to non-household workNOTES AND COMMENTS:1. Compensation for non-household work2. Househelpers working in staffhouses of employerARTICLE 146 - Opportunity for educationNOTES AND COMMENTS:1. Education of househelper2. Provision in the Child and Youth Welfare Code3. Provision in the Civil CodeARTICLE 147 - Treatment of househelpersNOTES AND COMMENTS:1. Proper treatment of househelper2. Civil Code provisiona. Just and humane treatmentb. Hours of workc. Overtime workd. Monthly vacation3. Funeral expenses in case of death of househelper4. Disposition of househelper’s corpse other than burialARTICLE 148 - Board, lodging and medical attendanceNOTES AND COMMENTS:1. Free board, lodging and medical attendance2. Children of househelpers3. Civil Code provisionARTICLE 149 - Indemnity for unjust termination of servicesNOTES AND COMMENTS:1. Applicability of Article 1492. Indemnity for unjust termination of service3. Unjust termination by househelperARTICLE 150 - Service of termination noticeNOTES AND COMMENTS:1. Applicability of Article 1502. Notice requirement3. Civil Code provisionARTICLE 151 - Employment certificationNOTES AND COMMENTS:1. Issuance of employment certificateARTICLE 152 - Employment record.NOTES AND COMMENTS:1. Record of employment2. Civil Code provisionCHAPTER IVEMPLOYMENT OF HOMEWORKERSARTICLE 153 - Regulation of industrial homeworkersNOTES AND COMMENTS:1. Two kinds of employees contemplated in Article 1532. Department Order No. 53. Coverage

4. Field personnela. Nature of employmentb. Instances where field personnel are entitled to benefitsARTICLE 154 - Regulations of Secretary of LaborNOTES AND COMMENTS:1. Objective of implementing regulations2. Registration of employer, contractor and subcontractor3. Duties of employer, contractor and subcontractor4. Standard ratesa. DOLE to establish standard ratesb. Standard rates; how determinedc. Complaint in case of non-compliance with standard rates5. Payment for homework6. Conditions for payment of worka. Re-doing of workb. Goods returned due to fault of homeworker7. Deductions8. Employment of minors as homeworkers9. Prohibitions for homework10. Self-organizationa. Homeworkers’ right to self-organizeb. Registration of homeworkers’ organizationsc. Assistance to registered homeworkers’ organizations, employers,contractorsand subcontractors11. Enforcement powera. Jurisdiction of DOLE Regional Directorb. Limitation on jurisdictionc. Jurisdiction of Labor Arbiters of NLRCd. Effect of non-compliance with order of Regional DirectorARTICLE 155 - Distribution of homeworkNOTES AND COMMENTS:1. Definition of terms2. Regularity of employment of homeworkersBOOK FOURHEALTH, SAFETY AND SOCIAL WELFARE BENEFITSTitle IMEDICAL, DENTAL AND OCCUPATIONAL SAFETYCHAPTER IMEDICAL AND DENTAL SERVICESARTICLE 156 - First-aid treatmentNOTES AND COMMENTS:1. Definitions of significant terms2. Medicines and facilities3. Training and qualification of first-aiderARTICLE 157 - Emergency medical and dental servicesNOTES AND COMMENTS:1. Emergency medical and dental services2. Hazardous workplaces3. Agency tasked to develop and enforce dental standardsARTICLE 158 - When emergency hospital not required

NOTES AND COMMENTS:1. Emergency hospital or dental clinic; when not requiredARTICLE 159 - Health programNOTES AND COMMENTS:1. Comprehensive occupational health programARTICLE 160 - Qualifications of health personnelNOTES AND COMMENTS:1. Training and qualifications of medical and dental personnel2. Opportunity for training at effectivity of Labor CodeARTICLE 161 - Assistance of employerNOTES AND COMMENTS:1. Duty of employer to extend assistance2. Medical and dental recordsCHAPTER IIOCCUPATIONAL HEALTH AND SAFETYARTICLE 162 - Safety and health standardsNOTES AND COMMENTS:1. Coverage of Chapter II, Book IV2. General occupational health and safety standards3. Occupational Health and Safety Code4. Effectivity of existing standards5. Work condition not covered by standards6. Code on Occupational Safety and Health Standards7. Institute of Occupational Health and SafetyARTICLE 163 - ResearchNOTES AND COMMENTS:1. Research2. Continuing studies and surveysARTICLE 164 - Training programsNOTES AND COMMENTS:1. Mandatory nature of health and safety requirements2. Training programs3. Duties of employers4. Duties of workersa. General principlesb. Specific duties of workers5. Duties of the safety man6. Duties of other persons7. Training of personnel in safety and healtha. In non-hazardous workplace having 50 to 400 workers per shiftb. In non-hazardous workplace having over 400 workers per shiftc. In hazardous workplace having 20 to 200 workers per shiftd. In hazardous workplace having over 200 workers per shifte. Employment of full-time safety man; when not necessary8. Safety Committeesa. Safety Committee; legal requirementb. Duties of Safety Committeec. Types and composition of Safety Committeesd. Other types of Safety Committeese. Term of office of Safety Committee membersARTICLE 165 - Administration of safety and health laws

NOTES AND COMMENTS:1. Administration and enforcement2. Administration of safety and health lawsa. Responsibility of DOLEb. Delegation to local government3. Inspection4. Collection of regulatory fees5. Registration of businessTitle IIEMPLOYEES’ COMPENSATION AND STATE INSURANCE FUNDCHAPTER IPOLICY AND DEFINITIONSARTICLE 166 - PolicyNOTES AND COMMENTS:1. Declaration of policy and purpose2. Constitutionality of law on employees’ compensation3. Historical backgrounda. Act No. 3428; Workmen’s Compensation Actb. Act No. 3812 and Commonwealth Act No. 210c. Republic Act. No. 772d. Other amendatory and related lawse. Executive Order No. 218f. Advent of the Labor Codeg. Presidential Decree No. 626h. Further amendments re: employee’s compensationi. Advantages of the employee’s compensation scheme under theLabor Code over those provided in previous lawsj. Labor Code and Workmen’s Compensation Act; distinguished4. Employee’s compensation benefitsa. General classificationb. Classification of benefits for sickness or physical injuriesc. Income benefitd. Service benefit5. Types of benefits in the form of income or services6. Specific provisions of the Labor Code treating the various types of benefits7. Attributes of employee’s compensation schemeARTICLE 167 - Definition of termsNOTES AND COMMENTS:1. Definition of significant terms under Article 1672. Definition of “employer” and “employee”3. Employera. Employer; definedb. Classification of employer4. Employeea. Employee; definedb. Classification of employee5. Definitions related to credited earningsa. “Quarter”b. “Semester”c. “Monthly salary credit”d. “Wages or salary”

e. “Average monthly salary credit”f. “Average daily salary credit”g. “Replacement ratio”h. “Credited years of service”i. “Monthly income benefit”CHAPTER IICOVERAGE AND LIABILITYARTICLE 168 - Compulsory coverageNOTES AND COMMENTS:1. Nature of coverage2. Scope of coverageARTICLE 169 - Foreign employmentNOTES AND COMMENTS:1. Coverage of Filipinos employed abroad2. Medical services, appliances and supplies3. Rule when employment contract stipulates application of foreign lawARTICLE 170 - Effective date of coverageNOTES AND COMMENTS:1. Coverage of employers2. Coverage of employeesARTICLE 171 - RegistrationNOTES AND COMMENTS:1. Registrationa. Registration requirement for employersb. Registration requirement for employees2. Guidelines for public sector registration with GSIS3. Guidelines for private sector registration with SSS4. Guidelines in case employee has not yet been registered at time of employment5. Penalty for violation of registration requirementsARTICLE 172 - Limitation of liabilityNOTES AND COMMENTS:1. Existence of employment relationship, essential2. Compensability of injury resulting in disability or death3. Test of compensability4. Theory of increased risk5. Pre-existence of illness; effect6. Occupational diseasesa. Annex “A” to Amended Rules on Employees’ Compensationb. Requisites for compensability under Annex “A”c. List of occupational diseases7. Authority to determine and approve additional occupational diseases8. Work-related diseasesa. ECC Resolution No. 432 [July 20, 1977]b. ECC Resolution No. 1676 [January 29, 1981]9. Cancer ailments10. Some diseases passed upon by the Supreme Court11. Pre-employment and periodic medical examination12. Accident13. Meaning of “arising out of and in the course of employment”a. “Arising out of employment’; meaning

. “In the course of employment”; meaningc. Whether arising out of or in the course of employment is a question offact and lawd. Incidental acts considered as arising out of and in the course ofemployment14. Proximate or responsible cause15. Consequential injuries rule16. Doctrine of presumptive compensability and theory of aggravation; abandoneda. Doctrine of presumptive compensability; definedb. Theory of aggravation; definedc. Abandonment of doctrinesd. ECC Resolution No. 3906 [July 5, 1988]17. Liberality in interpretation18. “Going to or coming from work” rulea. General ruleb. Exceptions to the general rulec. Accident on the way to workd. Accident on the way homee. ECC Resolution No. 3914-A [July 5, 1988]19. Direct premises rule20. Ingress-Egress or proximity rule21. Special errand rule22. Shuttle bus or extra-premises rule23. Picnics, field trips and other recreational activities24. Injuries while living or lodging in employer’s premises25. Injuries while working at home26. Injuries during vacation27. Force majeure or acts of God28. Limitation on liability of the System for compensation29. Intoxication30. Willful intention to injure or kill himself or anothera. Self-inflected injuriesb. Suicidec. Assault31. Notorious negligencea. Notorious negligence; meaningb. Applicable presumption in notorious negligence casesc. Cases of notorious negligenced. Cases where notorious negligence was not present32. Injuries sustained as a result of horse-play33. “Otherwise provided under this title”; exampleARTICLE 173 - Extent of liabilityNOTES AND COMMENTS:1. Principle of exclusivity of benefits2. Present rule in case of similar benefits provided in several lawsa. Option to chooseb. Employee cannot avail of all benefits at the same timec. Nature of Article 1733. Provision in the old Workmen’s Compensation Act4. Right to claim for damages under the Civil Code; not barred

5. Double recovery of benefits of private sector workers under the Labor Code andSSS Law, allowed6. Entitlement to benefits under GSIS Law and Labor Codea. Exclusiveness of benefitsb. Entitlement to disability benefits and GSIS retirement7. Limited Portability Scheme - Totalizing the workers’ creditable services orcontributions to SSS and GSISa. Republic Act No. 7699; declaration of policyb. Definition of termsc. Coveraged. Creditability and totalization of contributions and benefits in SSS andGSISe. Limited portability of fundsf. Totalization of contributions and benefits; how processedg. Totalization; application thereofh. Effect if worker is not qualified after totalizationi. Effect if worker qualifies for benefits in both Systemsj. Processes of totalization; joint responsibility of GSIS and SSSk. Effect of overlapping periods creditable servicesl. Responsibility for recording and documentationm. Accreditation of services and periods of contributionn. Complaints and questions; how processedo. Interpretation and constructionp. Non-diminution of benefitsq. Applicability of limited portability schemeARTICLE 174 - Liability of third party/iesNOTES AND COMMENTS:1. Third party; meaning2. Rule on recovery in case of injury, disability or death caused by third party3. Legal subrogation4. Rule in case of excess recovery5. Rule against double recovery by employeeARTICLE 175 - Deprivation of the benefitsNOTES AND COMMENTS:1. Deprivation of benefits of workers2. Deprivation of benefits; effectCHAPTER IIIADMINISTRATIONARTICLE 176 - Employees’ Compensation CommissionNOTES AND COMMENTS:1. Creation of the Employees’ Compensation Commission2. Composition of ECCa. Ex-officio and appointive membersb. Vice-chairmanshipc. Vacancyd. Quorume. Per diem3. Operations and management functions4. Status and category of ECC; relationship with DOLEARTICLE 177 - Powers and dutiesNOTES AND COMMENTS:

1. Powers and duties of the Employees’ Compensation Commission [ECC]2. Power to asses and fix contributions by employers3. Rule-making powera. Original Rules on Employees’ Compensationb. Amended Rules on Employees’ Compensation4. Power to determine and approve additional occupational diseases and workrelatedillnesses5. Policy-making power1. Workers Rehabilitation Center Complex2. Occupational Safety and Health Center6. Appointing power7. Budgetary power8. Power to administer oath and issue compulsory processes9. Corporate power10. Discretionary powerARTICLE 178 - Management of fundsNOTES AND COMMENTS:1. Management and disposition of revenues2. Disbursement of funds; limitationa. 12% limitation in disbursement for operational expensesb. Rationale for the limitationARTICLE 179 - Investment of fundsNOTES AND COMMENTS:1. State Insurance Fund [SIF]a. What consists the State Insurance Fundb. Where established2. Nature of State Insurance Fund3. Disposition of the Funda. General ruleb. Exception; when fund may be investedARTICLE 180 - Settlement of claimsNOTES AND COMMENTS:1. Settlement of claims for medical and other services benefitsa. Claims for medical benefitsb. Claims for emergency services2. Settlement of claims for income benefits3. Adjudication of claimsa. Original and exclusive jurisdiction of Systemb. Adjudication procedure4. Appeal to ECC from the decisions or orders of the Systema. Period of appeal; 30 daysb. Rule when there is fraud, accident, mistake or excusable negligencec. Acceptance of award; effect on pending appeal5. Review of decisions or orders of the System by the Employees’ CompensationCommission [ECC] 6. GSIS as proper party in employees’ compensationcases7. Substantial evidence; degree of proof required8. Burden of proofa. Rule under the Labor Codeb. Rule under the old Workmen’s Compensation Act9. X-Ray and laboratory examination; effect

10. Actual proof not necessary under old rule11. Proof required under new rule12. Quitclaim and releases; legal effectARTICLE 181 - ReviewNOTES AND COMMENTS:1. Review of decisions, orders or resolutions of ECC2. Motion for reconsideration3. Appeal from decisions, awards, orders or resolutions of the Employees’Compensation Commissiona. Revised Administrative Circular No. 1-95b. Controversy on the appealability of judgments, final orders orresolutions of ECC to Court of Appeals4. Reglementary period of appeal5. How appeal taken6. Contents of the petition for review7. Effect of failure to comply with requirements8. Action on the petition9. Contents of comment10. Effect when petition is given due course11. Transmittal of records12. Effect of appeal13. Submission for decisionARTICLE 182 - Enforcement of decisionsNOTES AND COMMENTS:1. When decision, order or resolution of ECC becomes final and executory2. Awards granted by ECC in appealed cases3. Decision, order and resolution in other cases4. Decision, order, or resolution of ECC en banc5. Decision, order or resolution of ECC en banc in other cases6. Failure to comply with writ of executionCHAPTER IVCONTRIBUTIONSARTICLE 183 - Employers’ contributionsNOTES AND COMMENTS:1. Nature of contributions2. Employer’s contribution to the Systema. Employer pays entire amount; no deduction from worker’s wage or salaryallowedb. When employer’s contributions become duec. Rate and amount of contribution for public sector employeesd. Rate and amount of contribution for private sector employeese. Periodic review of rate of contributionf. Death or separation of employee; effectg. Disability of employee; effecth. Refund of contribution; prohibited3. Remittance of contributionsARTICLE 184 - Government guaranteeNOTES AND COMMENTS:1. Guarantee of the government2. Rationale for the provision3. Prompt payment of claims

CHAPTER VMEDICAL BENEFITSARTICLE 185 - Medical servicesNOTES AND COMMENTS:1. Conditions to entitlement of medical services, appliances and supplies2. Loss of wages or earning capacity, not required3. Period of entitlement4. Extent of servicesARTICLE 186 - LiabilityNOTES AND COMMENTS:1. Authority to change physician, hospital or rehabilitation facility2. Unauthorized changes in medical services, appliances, supplies, hospitals,physicianARTICLE 187 - Attending physicianNOTES AND COMMENTS:1. Duties of attending physician2. Medical reportsa. Report in case of temporary total disabilityb. Report in case of permanent disability3. Nature of medical information4. Accreditation of physicians; minimum requirements5. Conditions on accredited physicians6. Medical certification; evidentiary and probative valueARTICLE 188 - Refusal of examination or treatmentNOTES AND COMMENTS:1. Unreasonable refusal by employee of medical examination or treatment2. Effect of unreasonable refusal by employeeARTICLE 189 - Fees and other chargesNOTES AND COMMENTS:1. Medical benefits and fees and charges under Annex “C” of AmendedRules on Employees’ Compensationa. Medical services in case of injury or sickness; when ambulatory serviceis allowedb. Ward; meaningc. Ward servicesd. Hospital confinemente. Domiciliary caref. Ambulatory servicesg. Surgical expense benefit2. Accreditation of hospitals3. Utilization review4. Coverage of services; payment thereof5. Emergency services6. Referral by employer of sick or injured employee7. Violation of conditions and requirements; penaltiesARTICLE 190 - Rehabilitation servicesNOTES AND COMMENTS:1. Definition of relevant terms2. Coverage, nature of effectivity3. Conditions to entitlement to rehabilitation services4. Period of entitlement

5. Extent of services6. Rehabilitation Centers7. Accreditation of rehabilitation facilities8. Conditions on accredited hospitals or rehabilitation facilities andphysicians or rehabilitation facilities9. Liability limitations10. Suspension, termination and appeala. Groundsb. Appeal11. Placement12. Participation of the System13. ReportsCHAPTER VIDISABILITY BENEFITSARTICLE 191 - Temporary total disabilityNOTES AND COMMENTS:1. Common denominator involving disability or sickness benefitsa. Disability; meaningb. Requisites for entitlement to disability or sickness benefitsc. Compensation for disabilities not mutually exclusive2. Total disability, when temporary3. Income benefit4. Conditions to entitlement5. Period of entitlementa. When to commence payment of benefitsb. Effect of relapse or recurrence after recovery from illness6. Amount of benefitARTICLE 192 - Permanent total disabilityNOTES AND COMMENTS:1. Disability, when total and permanenta. Permanent total disability; definition and conceptb. Distinction between permanent total disability and permanent partialdisabilityc. Conversion of disability rating to permanent totald. Retirement due to injury or sickness2. Income benefit3. Conditions to entitlement4. Total disabilities considered permanent5. Period of entitlementa. Payment for all compensable months of disabilityb. Effect of cessation of grant of employees’ compensation benefitsc. 5-year guaranteed monthly income benefits; grounds for suspension ofgrant of benefits6. Amount of benefit7. Amount of benefit for dependent children8. Entitlement to the new income benefit under P.D. No. 16419. Aggregate monthly benefit payableARTICLE 193- Permanent partial disabilityNOTES AND COMMENTS:1. Disability, when partial and permanent2. Income benefit.

3. Conditions to entitlementa. Requisites for entitlementb. Effect of gainful employment4. Period of entitlement5. Amount of benefit6. Unlisted injuries and illnesses [Non-Scheduled Disabilities]CHAPTER VIIDEATH BENEFITSARTICLE 194 - Death.NOTES AND COMMENTS:1. Death; meaning2. Nature of death benefit3. Income benefit.4. Conditions to entitlementa. Requisites for entitlement to death benefitb. Additional requisites; proof of marriagec. Material date5. Period of entitlementa. For primary beneficiariesb. For secondary beneficiaries6. Amount of benefita. In the case of primary beneficiariesb. In the case of secondary beneficiaries7. Entitlement to the new income benefit under P. D. No. 16418. Distribution of benefits upon the death of a pensioner9. Funeral benefit; amounts thereof.a. Entitlement to funeral benefitb. Increases in the amount of funeral benefit10. Effect on funeral benefit of denial of death benefitCHAPTER VIIIPROVISIONS COMMON TO INCOME BENEFITSARTICLE 195 - Relationship and dependencyNOTES AND COMMENTS:1. Dependency; meaning2. Test of dependency3. Classification of dependencya. Partial dependencyb. Total dependencyc. Legal dependencyd. Actual dependency4. Specific dependents under the Labor Codea. Children as dependentsb. Legitimate spouse as dependentc. Parents of deceased employee as dependents5. Beneficiaries; defined6. Beneficiaries; general classificationa. Primary beneficiaries.

. Secondary beneficiaries7. Beneficiaries; when determined8. Prioritya. Priority of primary beneficiaries; secondary beneficiaries excludedb. Absence of primary beneficiaries; effectc. Absence of both primary and secondary beneficiaries; effect9. Benefits payable10. Monthly income benefit; how distributed11. Evidence to prove relationship and dependencyARTICLE 196 - Delinquent contributionsNOTES AND COMMENTS:1. Liability of delinquent employera. Liability for benefits; lien on employer’s assetsb. Liability for lump sum benefits2. Penalty for violation3. Obligation of the System to pay employee or dependents all benefitsARTICLE 197 - Second injuriesNOTES AND COMMENTS:1. Application of Article 1972. Liability of State Insurance Fund for second injuryARTICLE 198 - Assignment of benefitsNOTES AND COMMENTS:1. Principle of non-assignability of benefits; rationale2. ExceptionARTICLE 199 - Earned benefitsNOTES AND COMMENTS:1. Entitlement to income benefits during period of disability2. Entitlement to wages and other benefits provided under CBA or voluntaryemployer policy or practice.ARTICLE 200 - Safety devicesNOTES AND COMMENTS:1. Penalty for failure to install and maintain safety devices.2. Cause of sickness, injury or death; duty to ascertainARTICLE 201 - Prescriptive periodNOTES AND COMMENTS:1. Prescriptive period for employees’ compensation claims2. Prescriptive period in compensable contingencya. Mere notice suspends the running of prescriptive periodb. Effect if employer failed to notify the Systemc. Rule on constructive filing; inapplicabilityd. Coverage of the new prescriptive period of 3 years3. Prescriptive period of workmen’s compensation claims prior to effectivity of theLabor Code4. Prescriptive period of claims by minors and non compos mentis; when reckonedARTICLE 202 - Erroneous payment.NOTES AND COMMENTS:1. Effect of erroneous payment2. How doubt is resolved in case of rival claimantsARTICLE 203 - ProhibitionNOTES AND COMMENTS:

1. Categorical prohibition against charging for services2. Prohibition against retention or reduction from benefits3. 10% Attorney’s fees; when allowed4. Penalty for violation of Article 203ARTICLE 204 - Exemption from levy, tax, etcNOTES AND COMMENTS:1. Exemption of State Insurance Fund from any government impositions or charges2. Effect of future law on the exemptionCHAPTER IXRECORDS, REPORTS AND PENAL PROVISIONSARTICLE 205 - Record of death or disabilityNOTES AND COMMENTS:1. Employers’ records of death or disability2. Maintenance of the employer’s logbook3. Duty to furnish certificate on information entered in the logbook4. Effect of fraudulent claims involving the employer5. Visitorial power of the System; inspection of the logbook6. Notice by employer to the System7. Penalty for violation of Article 205a. Penalty under the Labor Codeb. Penalty under the Amended RulesARTICLE 206 - Notice of sickness, injury or deathNOTES AND COMMENTS:1. Required notice by employee of sickness, injury or death2. When notice not necessaryARTICLE 207 - Penal provisionsNOTES AND COMMENTS:1. Laws referred to in Article 207 [a]2. Applicability of Article 207 [a] in relation to R. A. No. 1161 and C. A. No. 1863. Penal provisions in the SSS Law referred to in Article 207 [a]4. Penal provisions in the GSIS Law referred to in Article 207 [a]5. Penalty for fraud, collusion, falsification, misrepresentation or other anomalies6. Penalty in case the offender is a recidivist or an employee of ECC, GSIS or SSSARTICLE 208 - ApplicabilityNOTES AND COMMENTS:1. Application of employees’ compensation provisions of the Labor Code2. Significance of January 1, 19753. Governing law.a. Date when sickness or injury was contracted or when death occurred;effectb. Date of filing of claims; effectc. Time when ailment manifested; effectd. Application of the Amended Rules on Employees’ Compensation.e. Absence of proof on date when disease was contracted; effectf. Accrual of right to employees’ compensationARTICLE 208-A - RepealNOTES AND COMMENTS:1. Article 208-A inserted by Presidential Decree No. 1369

2. Repeal of inconsistent and contrary laws3. Laws repealed under Article 208-A4. Provisions of the GSIS Law referred to in Article 208-A.a. Contributions under the GSIS Act of 1997b. Computation of basic monthly pension under the GSIS Act of 1997c. Computation of service under the GSIS Act of 1997d. Additional 20%Title IIIMEDICAREARTICLE 209 - Medical careNOTES AND COMMENTS:1. Repeal of Republic Act No. 61112. Repeal of Presidential Decree No. 1519, as amended3. Continuation of Medicare Program under P. D. No. 1519Title IVADULT EDUCATIONARTICLE 210 - Adult educationNOTES AND COMMENTS:1. Adult education program2. Who initiates establishment of program