Labor Law Comparisons

  

Labor Code	Migrant Workers Act
Prohibited acts
Illegal recruitment shall mean any act of canvassing, enlisting, contracting, utilizing, hiring, or procuring workers and includes referrals, contract services, promising or advertising for local employment, whether for profit or not, when undertaken by a non-licensee or non-holder of authority; provided, that any such non-licensee or non-holder of authority who, in any manner, offer or promises for a fee employment to two or more persons shall be deemed so engaged. (D.O. 141-14)   The following acts shall be unlawful when committed by any person whether or not a holder of a license or authority:   To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance; To furnish or publish any false notice or information or document in relation to recruitment or employment; To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code.	Illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines. Provided, that such non-license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.   To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance; To furnish or publish any false notice or information or document in relation to recruitment or employment;

To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment; To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency; To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines; To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representative; To fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor; To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor;

To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code. To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment; To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency; To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines; To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretry of Labor and Employment; To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment;

Labor Code	Migrant Workers Act
Prohibited acts
To become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency; and To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations (Art. 34, Labor Code)	For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of travel agency; To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations, or for any other reasons, other than those authorized under the Labor Code and its implementing rules and regulations; Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment; Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage (R.A.8042); To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.

Labor Code	Migrant Workers Act
Prohibited acts
	Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per annum, which will be used for payment of legal and allowable placement fees and make the migrant worker issue, either personally or through a guarantor or accommodation party, postdated checks in relation to the said loan; Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to avail of a loan only from specifically designated institutions, entities or persons; Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter's employment contract has been prematurely terminated through no fault of his or her own; Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo health examinations only from specifically designated medical clinics, institutions, entities or persons, except in the case of a seafarer whose medical examination cost is shouldered by the principal/shipowner;

 

Labor Code	Migrant Workers Act
Prohibited acts
	Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo training, seminar, instruction or schooling of any kind only from specifically designated institutions, entities or persons, except for recommendatory trainings mandated by principals/shipowners where the latter shoulder the cost of such trainings; For a suspended recruitment/manning agency to 1. engage in any kind of recruitment activity including the processing of pending workers' applications; and For a recruitment/manning agency or a foreign principal/employer to pass on the overseas Filipino worker or deduct from his or her salary the payment of the cost of insurance fees, premium or other insurance related charges, as provided under the compulsory workers’ insurance coverage. (Sec. 5, R.A. 10022)

 

Labor Code	Migrant Workers Act
Prescription period
There is no prescription period.	In simple illegal recruitment, it shall prescribe in five (5) years. In illegal recruitment cases involving economic sabotage, it shall prescribe in twenty (20) years. (Sec. 7, Rule IV, R.A. 10022)
Solidarily liability
There is no solidarily liability.	The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This provisions shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to be filed by the recruitment/placement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages. (Sec. 10, R.A. 8042)

 

Labor Code	Migrant Workers Act
Jurisdiction
1. Regional Director of the Department of Labor and Employment   Written complaints against an agency and/or authorized representative/s based on any of the grounds mentioned under Sec. 51 of D.O. 141-14 shall be filed with the Regional/Field Office having jurisdiction over the place where the agency or branch office is located, or where the prohibited act was committed, or at complainant’s place of residence, at the option of the complainant. (Sec. 54, D.O. 141-14)   2. Regional Trial Court for illegal recruitment cases	1. Philippine Overseas Employment Administration   The POEA shall exercise original and exclusive jurisdiction to hear and decide:   a. All cases which are administrative in character, involving or arising out of violations of Rules and Regulations relating to license and registration, including refund of fees collected from the workers and violation of the conditions for issuance of license to recruit workers; and b. Disciplinary action cases and other special cases, which are administrative in character, involving employers, principals, contracting partners and OFWs processed by the POEA. (Sec. 6, Rule X,  R.A. 10022)   2. Labor Arbiter   Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after filing of the complaint, the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damages. (Sec. 1, Rule VII, R.A. 10022)   3. Regional Trial Court   A criminal action arising from illegal recruitment as defined herein shall be filed with the Regional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the same time of the commission of the offense. (Sec. 9, R.A. 8042)

 

Simple Illegal recruitment	Illegal recruitment in large scale	Illegal recruitment by syndicate
Elements
That the offender engages in acts of recruitment and placement of workers as defined under Art. 13(b) of the Labor Code, or in any prohibited activities enumerated under the law, irrespective of whether the offender is a non-licensee, non-holder, licensee, or holder of authority; That the offender has no valid license or authority required by law to enable him to lawfully engage in the recruitment and placement of workers; and That the number of recruiter/s who committed the unlawful acts and/or recruitee/s who fell victim/s thereto should not be more than two (2) persons. (Chan, 2019)	That the offender engages in acts of recruitment and placement of workers as defined under Art. 13(b) of the Labor Code, or in any prohibited activities enumerated under the law, irrespective of whether the offender is a non-licensee, non-holder, licensee, or holder of authority; That the offender has no valid license or authority required by law to enable him to lawfully engage in the recruitment and placement of workers; and That it is committed against three (3) or more persons, individually or as a group. (Sec. 6, R.A. 8042)	That the offender engages in acts of recruitment and placement of workers as defined under Art. 13(b) of the Labor Code, or in any prohibited activities enumerated under the law, irrespective of whether the offender is a non-licensee, non-holder, licensee, or holder of authority; That the offender has no valid license or authority required by law to enable him to lawfully engage in the recruitment and placement of workers; and That it is carried out by a group of three (3) or more persons conspiring pr confederating with one another. (Sec. 6, R.A. 8042)
Prescription
It shall prescribe in five (5) years. (Sec. 7, Rule IV, R.A. 10022)	It shall prescribe in twenty (20) years. (Sec. 7, Rule IV, R.A. 10022)	It shall prescribe in twenty (20) years. (Sec. 7, Rule IV, R.A. 10022)

 

Private Employment Agency	Private Recruitment Entity
As to right to charge fee
It has the right duly recognized in law to charge a fee, directly or indirectly,from the workers or the employers or from both	It does not charge any fee either directly or indirectly from the workers or employers to which they would be deployed
As to persons whom they are allowed to recruit
It is authorized to recruit only for overseas placement or deployment	It is allowed to recruit for both local and overseas deployment
As to source of authority
It is authorized to recruit and place workers from a document denominated as “license”	It sources its authority from a document called “authority”

 

Illegal recruitment	Trafficking in Persons
As to acts constituting the crime
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad	Refers to recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons
As to location
Can be committed outside Philippine borders	Can be committed within or across Philippine borders
As to means and methods
By giving impression that they had the power or ability to deploy the victim abroad	By use of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits
As to purpose
To deceive the victim in a manner that they were convinced to part with their money	For exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

Illegal recruitment	Estafa
As to nature
It is malum prohibitum	It is malum in se
As to criminal intent
The criminal intent of the accused is not necessary	The criminal intent of the accused is imperative
As to governing law
It is penalized under the Labor Code	It is penalized under the Revised Penal Code
As to scope
It is limited in scope as it only cover deceits related to recruitment activities	It is wider in scope and covers deceits whether related or not to recruitment activities

 

Safe Spaces Act	Sexual Harassment in the Work Environment
Definition
Crimes committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks (Sec. 4, R.A. No. 11313).	Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act (Sec. 3, R.A. No. 7877)
Prohibited acts
An act or series of acts involving any unwelcome sexual advances, requests, or demand for sexual favors or any acts of sexual nature, whether done verbally, physically, or through the use of technology, such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance, or opportunities; A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically, or through the use of technology, such as text messaging or electronic mail or through any other forms of information and communication systems;	In a work-related or employment environment, sexual harassment is committed when the sexual favor is made as a condition: In the hiring, In the employment, Re-employment, Continued employment  of said individual, In granting said individual favorable compensation, terms of conditions, promotions, or privileges;  or Refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way  would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

 

Safe Spaces Act	Sexual Harassment in the Work Environment
Prohibited acts
A conduct that is unwelcome and pervasive and creates an intimidating, hostile, or humiliating environment for the recipient (Sec. 16, R.A. No. 11313).	The mentioned acts would impair the employee's rights or  privileges under existing labor laws; or The mentioned acts would result in an intimidating, hostile, or offensive environment for the employee (Sec. 3 [a], R.A. No. 7877)
Duties of employers
Prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace; Disseminate or post in a conspicuous place a copy of the Safe Spaces Act; Provide measures to prevent gender-based sexual harassment in the workplace; Create an independent internal mechanism or a committee on decorum and investigation to investigate and address complaints thereof; and Provide and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy (Sec. 17, R.A. No. 11313).	To prevent or deter the commission of acts of sexual harassment; and To provide the procedures for the resolution, settlement, or prosecution of acts of sexual harassment. (Sec. 4, R.A. No. 7877)

 

Special Leave for Women	Maternity Leave	Anti-Violence Against Women and Children Act	Women Night Workers	Solo Parent Leave
As to number of days
2 months with full pay	105 days regardless of the type of delivery	paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.	no additional leave but is entitled to work alternative to night work before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth	Maximum of 7 working days for every year
Conditions for entitlement
1. a woman employee 2. have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months 3. surgery is caused by gynecological disorders 4. employee must have filed application for the leave	Can be availed by pregnant women whether married or unmarried	Can be availed if the victim has applied for any protection order with the intention to file a case against her assailant	Can be availed by any women night workers who may be called upon to work at night before and after childbirth, for a period of at least sixteen (16) weeks	1. Any solo parent employee 2. The employee must have rendered service for at least one (1) year

 

Learnership	Apprenticeship
As to training agreement
Learnership Agreement	Apprenticeship Agreement
As to occupation
Learnable Occupation consisting of semi-skilled and other industrial occupations which are non-apprenticeable	Apprenticeable occupations or any trade, form of employment or occupation approved for apprenticeship by Dole Secretary
As to Theoretical Instructions
May or may not be supplemented by related theoretical instructions	Should always be supplemented by related theoretical instructions
As to ratio of theoretical instructions and on-the-job-training
Normal Ratio is 100 hours of theoretical instructions for every 2, 000 hours of practical on-the-job training	Normal Ratio is 100 hours of theoretical instructions for every 2,000 hours of practical or on-the-job training
As to Duration of Training
Practical training on the job for a period not exceeding three (3) months	Practical training on the job of more than three (3) months but not more than six (6) months
As to circumstances justifying hiring of training
Article 74 of the Labor Code, expressly prescribes the prerequisites before learners may be validly employed, to wit: when no experienced workers are available; the employment of learners is necessary to prevent curtailment of employment opportunities; and The employment does not create unfair competition in terms of labor costs or impair or lower working standards.	No similar provision in the Labor Code

 

Learnership	Apprenticeship
As to limitation on the number of trainees
A participating enterprise is allowed to take in learners only up to a maximum of twenty percent (20%) of its total regular of its total regular workforce	No similar cap limit
As to option to employ
The enterprise is obliged to hire the learner after the lapse of the learnership period.	The enterprise is given only an “option” to hire the apprentice as an employee.
As to wage rate
Seventy-five percent (75%) of the statutory minimum wage	Seventy-five percent (75%) of the statutory minimum wage
As to Qualifications
No qualification expressly mentioned in the law	Article 59 of the Labor Code  requires the apprentice: be at least fourteen (14) years of age Process vocational aptitude and the capacity for appropriate tests; and Process the ability to comprehend and follow oral and written instructions
As to limitation on the number of trainees
A participating enterprise is allowed to take in learners only up to a maximum of twenty percent (20%) of its total regular of its total regular workforce	No similar cap limit
As to option to employ
The enterprise is obliged to hire the learner after the lapse of the learnership period.	The enterprise is given only an “option” to hire the apprentice as an employee.

 

Persons with Disabilities (PWDs)	Marginalized Persons with Disabilities
PWDS are those suffering from restriction or different abilities, as a result of mental, physical, or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.	Marginalized PWDs refers to persons with disability who lack access to rehabilitative services and opportunities to be able to participate fully in the socio-economic activities and who have no means of livelihood and whose incomes fall below the poverty threshold.

 

Impairment	Disability	Handicap
Refers to any loss, diminution or aberration of psychological, physiological or anatomical structure or function.	means : a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical functions of an individual or activities of such individual; a record of such an impairment; or being regarded as having such an impairment	refers to disadvantage for a given individual, resulting from an impairment or a disability that limits or prevents the function or activity that is considered normal given the age and the sex of an individual.

  

Disabled Persons	Marginalized Disabled Persons	Qualified Individual with Disability
Disabled Persons are those suffering from restriction of different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being. (Sec. 4 [a], R.A. 7277)	Marginalized Disabled Persons refer to disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully in socioeconomic activities and who have no means of livelihood or whose incomes fall below poverty threshold. (Sec. 4 [k], R.A. 7277)	Qualified Individual with a Disability shall mean an individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires. However, consideration shall be given to the employer’s judgement as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. (Sec. 4 [l], R.A. 7277)

Exempted from Alien Employment Permit	Excluded from Alien Employment Permit
The following categories of foreign national are exempt from securing an AEP: All members of the diplomatic service and foreign government officials accredited by and with reciprocity arrangement with the Philippine Government; Officers and staff of International organizations of which the Philippine government is a member, and their legitimate spouses desiring to work in the Philippines; Owners and representatives of foreign principals whose companies are accredited by the POEA, who come to the Philippines for a limited period and solely for the purpose of interviewing Filipino applicants for employment abroad Foreign nationals who come to the Philippines to teach, present, and/or conduct research studies in universities and colleges as visiting, exchange or adjunct professors under formal agreements between the universities or colleges in the Philippines and foreign universities or colleges; or between the Philippine government and foreign government, provided that the exemption is on  a reciprocal basis. Permanent resident foreign nationals and probationary or temporary resident visa holders under Section 13 (a-f) of the Philippine Immigration Act of 1940 and Section 3 of the Alien Social Integration Act of 1995 (R.A. 7917 Refugees and Stateless Persons recognized by DOJ pursuant to Article 17 of the UN Convention and Protocol Relating to status of Refugees and Stateless Persons; and All foreign nationals granted exemption by law)	The following categories of foreign national are excluded from securing from an AEP: Members of the governing board with voting rights only and do not intervene in the management of the corporation or in the day to day operation of the enterprise; President and Treasurer, who are part-owners of the company; Those providing consultancy services who do not have employers in the Philippines; Intra-corporate transferee who is a manager, executive or specialist as defined below in accordance with Trade Agreements and an employee of the foreign service supplier for at least one (1) year continuous employment prior to deployment to a branch, subsidiary, affiliate or representative office in the Philippines Contractual service supplier who is manager, executive or specialist and employee of a foreign service supplier which has no commercial presence in the Philippines; i. who enters the Philippines temporarily to supply a service pursuant to a contract between his/her employer and a service consumer in the Philippines; ii. Must posses the appropriate educational and professional qualifications; and iii. must be employed by the foreign service supplier for at least one year    prior to the supply of service in the Philippines. Representative of the Foreign Principal/Employer assigned  in the Office of Licensed Manning Agency (OLMA)
As to the need of Certificate from Regional Office
No requirement provided by law.	All foreign nationals excluded from securing AEP shall secure Certificate of Exclusion from the Regional Office. Further Regional Offices shall issue the Certificate of Exclusion within the two (2)  working days after receipt of complete documentary requirements and fees.

 

Denial of application for new or renewal of Alien Employment permit (AEP)

Cancellation/revocation of Alien Employment permit (AEP)

Misrepresentation of facts in the application including fraudulent misrepresentation; Submission of falsified documents; Conviction to a criminal offense or a fugitive from justice in the country or abroad; Grave misconduct in dealing with or ill treatment of workers; Availability of a Filipino who is competent, able, and willing to do the job intended for or being performed by the foreign national based on data in the PEIS, PRC Registry of Professional and TESDA Registry of Certified Workers; Worked without valid AEP for more than a year; or Application for renewal with expired visa or with temporary visitor’s visa. (Sec. 12, D.O. 186-17)

Non-compliance with any of the requirements or conditions for which the AEP was issued; Misrepresentation of facts in the application including fraudulent misrepresentation; Submission of falsified or tempered documents; Meritorious objection or information against the employment of the foreign national; Foreign national has been convicted of a criminal offense or a fugitive from justice; Employer terminated the employment of foreign national; and Grave misconduct in dealing with or ill treatment of workers. (Sec. 13, D.O. 186-17)

Working Hours of a Child
Age	Day	Week	Prohibited time
Below 15 years of age	Not more than four (4) hours a day	Not more than twenty (20 hours a week	8:00 pm to 6:00 am the following day
15 years of age but below 18 years of age	Not more than eight (8) hours a day	Not more than forty (40) hours a week	10:00 pm to 6:00 am the following day