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Basic Principles
Article 211. Declaration of policy. A. It is the policy of theState:
(a) To promote and emphasize the primacy of free
collective bargaining and negotiations, including
voluntary arbitration, mediation and conciliation, as
modes of settling labor or industrial disputes (!) To promote free trade unionism as an instrument for
the enhancement of democracy and the promotion of
social "ustice and de#elopment
(c) To foster the free and #oluntary organization of a
strong and united labor movement
(d) To promote the enlightenment of $or%ers concerning
their rights and o!ligations as union mem!ers and as
employees
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Basic Principles
Article 211. Declaration of policy. (e) To pro#ide an ade&uate administrati#e
machinery for the e'peditious settlement of la!or
or industrial disputes
(f) To ensure a sta!le !ut dynamic and "ustindustrial peace and
(g) To ensure the participation of $or%ers in
decision and policyma%ing processes affecting
their rights, duties and $elfare.
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Basic Principles
Article 211. Declaration of policy. . To encourage a truly democratic method of
regulating the relations between the employers
and employees by means of agreements freely
entered into through collective bargaining , nocourt or administrati#e agency or official shall
ha#e the po$er to set or fi' $ages, rates of pay,
hours of $or% or other terms and conditions of
employment, e'cept as other$ise pro#ided under
this *ode.
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Basic Principles
Article 2+. Tripartism and tripartite conferences. (a) Tripartism in la!or relations is here!y declared
a State policy. To$ards this end, $or%ers and
employers shall, as far as practica!le, !e
represented in decision and policyma%ing !odiesof the go#ernment.
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Constitutional Provisions
Art. II. State -olicies Section 1. The State shall promote social "ustice
in all phases of national de#elopment.
Section 11. The State #alues the dignity of e#ery
human person and guarantees full respect forhuman rights.
Section 1/. The State affirms la!or as a primary
social economic force. It shall protect the rights of
$or%ers and promote their $elfare.
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Constitutional Provisions
Art. III. ill of 0ights Section /. The right of the people, including those
employed in the pu!lic and pri#ate sectors, to form
unions, associations, or societies for purposes not
contrary to la$ shall not !e a!ridged. Section 1. All persons shall ha#e the right to a
speedy disposition of their cases !efore all
"udicial, &uasi"udicial, or administrati#e !odies.
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Constitutional Provisions
Art. III. Social 3ustice and 4uman 0ights Section 5. The State shall afford full protection to la!or, local
and o#erseas, organized and unorganized, and promote full
employment and e&uality of employment opportunities for
all.
It shall guarantee the rights of all $or%ers to self- organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in
accordance with law . They shall !e entitled to security of
tenure, humane conditions of work , and a living wage. They
shall also participate in policy and decision-making processes affecting their rights and benefits as may !e
pro#ided !y la$.
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Constitutional Provisions
Art. III. Social 3ustice and 4uman 0ights Section 5.
The State shall promote the principle of shared
responsi!ility !et$een $or%ers and employers and
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce
their mutual compliance there$ith to foster industrial
peace.
The State shall regulate the relations between
workers and employers, recognizing the right of
la!or to its "ust share in the fruits of production and
the right of enterprises to reasona!le returns to
in#estments, and to e'pansion and gro$th.
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Employer-Employee
Relationship y operation of la$
6ot !y parties7 agreement
6ot dependent on compensation
6ot determined !y Art. 2/ standards
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Art. 212 “DEFINITIONS”
(e) 89mployer8 includes any person acting in the interestof an employer, directly or indirectly. The term shall not
include any la!or organization or any of its officers or
agents e'cept $hen acting as employer.
(f) 89mployee8 includes any person in the employ of an
employer. The term shall not !e limited to the employeesof a particular employer, unless this *ode so e'plicitly
states. It shall include any indi#idual $hose $or% has
ceased as a result of or in connection $ith any current
la!or dispute or !ecause of any unfair la!or practice if
he has not o!tained any other su!stantially e&ui#alentand regular employment.
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Art. !" is #$% the basis of
ER-EE& B'% a test forRE('LAR E)PL$*)E#% Article 2/. Regular and casual employment.
The pro#isions of $ritten agreement to the
contrary not$ithstanding and regardless of theoral agreements of the parties, an employment
shall !e deemed to !e regular $here the
employee has !een engaged to perform
acti#ities $hich are usually necessary or
desira!le in the usual !usiness or trade of the
employer .
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Control
uidelines indicati#e of la!or la$ ;control,<should not merely relate to the mutuallydesira!le result intended !y the contractualrelationship they must ha#e the nature ofdictating the means or methods to !eemployed in attaining the result, or of fi'ingthe methodology and of !inding or restricting
the party hired to the use of these means. Tongko v. Manufacturers ife !nsurance "#R $%&%'',
(une '), '*$* + (anuary ', '*$$
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Control
The main issue of whether an agency or anemployment relationship exists depends on theincidents of the relationship. The Labor Codeconcept of “control” has to be compared and
distinguished with the “control” that mustnecessarily exist in a principal-agent relationship.The principal cannot but also have his or her say indirecting the course of the principal-agentrelationship, especially in cases where thecompany-representative relationship in the
insurance industry is an agency. Tongko v. Manufacturers ife !nsurance "#R $%&%'',
(une '), '*$* + (anuary ', '*$$
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+%alents,
'roduction assistants,
drivers(cameramen, security guards,
are )"T “talents” They are employees
Television and 'roduction *xponents v. +ervaa, anuary %,%&&
/0+-C0) 0roadcasting Corp. v. )a1areno, +ept. %2, %&&2
3ulache v. /0+-C0), anuary %#, %&
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ual uridical
Relationship >nder the !oundaryhulog scheme
incorporated in the asunduan, a dual
"uridical relationship $as created !et$eenpetitioner and respondent: that of employer
employee and #endor#endee. The
asunduan did not e'tinguish the employer
employee relationship of the parties e'tant!efore the e'ecution of said deed. /illamaria v. 01, 1pril $), '**%
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Apprentice Article /. Definition of terms. /s used in this Title4
5a6 7/pprenticeship7 means practical training on the 8obsupplemented by related theoretical instruction.
5b6 /n 7apprentice7 is a wor9er who is covered by a written
apprenticeship agreement with an individual employer or any of the
entities recogni1ed under this Chapter.
5c6 /n 7apprenticeable occupation7 means any trade, form ofemployment or occupation which re:uires more than three months
of practical training on the 8ob supplemented by related theoretical
instruction.
5d6 7/pprenticeship agreement7 is an employment contract wherein
the employer binds himself to train the apprentice and the
apprentice in turn accepts the terms of training.
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Learners
Article +5. earners defined. =earners are
persons hired as trainees in semis%illed and
other industrial occupations $hich are non
apprenticea!le and $hich may !e learned
through practical training on the "o! in arelati#ely short period of time $hich shall not
e'ceed three months.
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Contracting Section 5, ?.@. 1/A, 211
;*ontracting< or ;Su!contracting< refers to anarrangement $here!y
a principal agrees to put out or farm out $ith a contractor the performance or completion of a specific "o!,
$or% or ser#ice
$ithin a definite or predetermined period, regardless of $hether such "o!, $or% or ser#ice is
to !e performed or completed $ithin or outsidethe premises of the principal.
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%rilateral Relationship T4099 (5) parties:
; -0I6*I-A= ; *@6T0A*T@0
; 9-=@B99S
TC@ (2) contracts ; *ontract for a specific "o!, $or% or
ser#ice !et$een the -0I6*I-A= and the*@6T0A*T@0 ; *ontract of employment !et$een the
*@6T0A*T@0 and the 9-=@B99S
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Regulating Contracting
Article 1. 0ontractor or sub-contractor.
The Secretary of =a!or and 9mployment may, !y
appropriate regulations, restrict or prohi!it thecontracting out of la!or to protect the rights of$or%ers esta!lished under this *ode. In soprohi!iting or restricting, he may ma%e appropriatedistinctions !et$een la!oronly contracting as $ellas differentiations $ithin these types of
contracting, and determine $ho among the partiesin#ol#ed shall !e considered the employer forpurposes of this *ode, to pre#ent any #iolation orcircum#ention of any pro#ision of this *ode.
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Labor-$nly Contracting
Article 1. 0ontractor or sub-contractor.
There is 8la!oronly8 contracting $here the personsupplying $or%ers to an employer does not ha#e
su!stantial capital or in#estment in the form of tools,e&uipment, machineries, $or% premises, amongothers, and the $or%ers recruited and placed !y suchperson are performing acti#ities $hich are directlyrelated to the principal !usiness of such employer. Insuch cases, the person or intermediary shall !e
considered merely as an agent of the employer $hoshall !e responsi!le to the $or%ers in the samemanner and e'tent as if the latter $ere directlyemployed !y him.
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Labor-$nly Contracting
Section . ?.@. 6o. 1/A, 211 =a!oronly contracting is here!y declared prohi!ited.
Dor this purpose, la!or only contracting shall refer toan arrangement $here:
(a) the contractor does not ha#e su!stantial capital orin#estments in the form of tools, e&uipment,machineries, $or% premises, among others, and theemployees recruited and placed are performingacti#ities $hich are usually necessary or desira!le tothe operation of the company, or directly related to
the main !usiness of the principal $ithin a definite orpredetermined period, regardless of $hether such "o!, $or% or ser#ice is to !e performed or completed$ithin or outside the premises of the principal or
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Labor-$nly Contracting
Section . ?.@. 6o. 1/A, 211 =a!oronly contracting is here!y declared
prohi!ited. Dor this purpose, la!or onlycontracting shall refer to an arrangement $here:
(!) The contractor does not e'ercise the right tocontrol o#er the performance of the $or% of theemployee.
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Labor-$nly Contracting
Section 2+. ?.@. 6o. 1/A, 211 A finding !y competent authority of la!oronly
contracting shall render the principal "ointly andse#erally lia!le $ith the contractor to the latter7s
employees, in the same manner and e'tent that theprincipal is lia!le to the employees directly hired !yhimEher, as pro#ided in Article 1 of the =a!or *ode,as amended.
A finding of commission of any of the prohi!itedacti#ities in Section +, or #iolation of either Section /
or F hereof, shall render the principal the directemployer of the employees of the contractor orsu!contrator, pursuant to Article 1F of the =a!or*ode, as amended.
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ob Contracting
A contractor7s *ertificate of 0egistration is notsufficient proof that it is an independent contractor. A*ertificate of 0egistration issued !y the ?epartmentof =a!or and 9mployment is not conclusi#e e#idence
of such status. The fact of registration simply pre#ents the legal
presumption of !eing a mere la!oronly contractorfrom arising.
2abas v. orenzo 3hipping, December $, '*$* "citing3an Miguel 0orporation v. /icente 2. 3emillano,4elson Monde5as, (ovito Remada, 1lilgilan Multi- 6urpose 0oop "1M607, and Merlyn 4. 6olicarpio
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Possession by contractor ofsubstantial capital #$% E#$'(/
ere compliance with substantial capital re:uirement will notsuffice for a contractor to be considered a legitimatecontractor. !f the wor9ers supplied by the contractor wor9alongside the principal
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Liability for 0ages
Article 1. 0ontractor or sub-contractor. Chene#eran employer enters into a contract $ith anotherperson for the performance of the formerGs $or%, theemployees of the contractor and of the latterGs su!
contractor, if any, shall !e paid in accordance $iththe pro#isions of this *ode.
In the e#ent that the contractor or su!contractorfails to pay the $ages of his employees inaccordance $ith this *ode, the employer shall !e
"ointly and se#erally lia!le $ith his contractor or su!contractor to such employees to the e'tent of the$or% performed under the contract, in the samemanner and e'tent that he is lia!le to employeesdirectly employed !y him.
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Solidary Liability
Article 1F. 3olidary liability. The pro#isions ofe'isting la$s to the contrary not$ithstanding,e#ery employer or indirect employer shall !e held
responsi!le $ith his contractor or su!contractorfor any #iolation of any pro#ision of this *ode.Dor purposes of determining the e'tent of theirci#il lia!ility under this *hapter, they shall !econsidered as direct employers.
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BP$s not covered
by .$. 1!-A2 "11 Section 5, ?epartment *ircular 6o. 1212 (H)endor#endee relationship for entire !usiness
processes co#ered !y the applica!le pro#isions of the*i#il *ode on *ontracts is e'cluded.
?@ 1/A Series of 211 contemplates generic orfocused singular acti#ity in one contract !et$een theprincipal and the contractor (for e'ample, "anitorial,security, merchandising, specific production $or%)and does not contemplate information technologyena!led ser#ices in#ol#ing an entire !usiness
processes (for e'ample, !usiness processoutsourcing, hard$are andEor soft$are support,medical transcription, animation ser#ices, !ac% officeoperationsEsupport). ' ' ' ' ' ' ' '
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Construction 3ndustry not
covered by registrationmandated by .$. 1!-A Section , ?epartment *ircular 6o. 1212
Thus, the ?@=9, through its regional offices,shall not re&uire contractors licensed !y -*A inthe *onstruction Industry to register under [email protected]/A, Series of 211. oreo#er, findings of#iolationEs on la!or standards and occupationalhealth and safety standards shall !e coordinated
$ith -*A for its appropriate action, includingthe possi!le cancellationEsuspension of thecontractor7s license.
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a!es
Article F+. Definitions. (f) 8Cage8 paid to any employee shall mean the
remuneration or earnings, ho$e#er designated, capa!leof !eing e'pressed in terms of money, $hether fi'ed orascertained on a time, tas%, piece, or commission !asis,or other method of calculating the same, $hich is paya!le!y an employer to an employee under a $ritten orun$ritten contract of employment for $or% done or to !edone or for ser#ices rendered or to !e rendered andincludes the fair and reasona!le #alue, as determined !ythe Secretary of =a!or and 9mployment, of !oard,lodging or other facilities customarily furnished !y the
employer to the employee. 8Dair and reasona!le #alue8shall not include any profit to the employer or to anyperson affiliated $ith the employer.
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“Fa"ilities” #s. “S$pplements”
Dacility J for the !enefit of the employee orhisEher family
Supplement J for the !enefit of theemployer
6@T9: T49 6AT>09 @D T49 A0TI*=9S @0
S90HI*9S IS 6@T T49 ?9T90I6I6 DA*[email protected] S90HI*9 AB 9 A DA*I=ITB @0 AS>--=996T ?9-96?I6 @6 C4@ IS-0IA0I=B 969DITT9?.
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a!e Fi%in! & R.A. '(2(
0egional Tripartite Cages and -roducti#ity oards(0TC-): ; determines and fi'es I6I> CA9 0AT9S
applica!le in their regions, pro#inces orindustries
; issues CA9 @0?90S ; *omposition:
> 0egional ?irector of ?@=9> 0egional ?irector of 69?A
> 0egional ?irector of ?TI> 2 mem!ers representing $or%ers> 2 mem!ers representing employers
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)inim$m a!e*
Not A"ross-the-+oar, In"rease -ursuant to its authority, the 0egional Cage oards may
issue $age orders $hich set the daily minimum $age rates.It has no authority to grant an acrossthe!oard $age
increase.
In doing so, the 0egional Cage oard e'ceeded itsauthority !y e'tending the co#erage of the Cage @rder to$age earners recei#ing more than the pre#ailing minimum$age rate, $ithout a denominated salary ceiling. TheCage @rder granted additional !enefits not contemplated!y 0.A. 6o. +2+.
etropolitan an% and Trust *ompany #. 6C-*, De!ruary, 2+
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To-Tiere, a!e System
6C-* uidelines 6o. 2, Series of 212, uidelines on theImplementation of the T$oTiered Cage System
Section 1. The T$oTiered Cage System is an approach tominimum $age setting $hich aims to impro#e the co#erage of
minimum $ages promote $or%er and enterprise producti#ityand address the negati#e effects of minimum $age policies.
Section 2. ?efinition of Terms e. T$oTiered Cage System J refers to a pay system consisting
of:
1. minimum $age and2. incenti#e pay !ased on producti#ity impro#ement and
gainsharing
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Form o /ayment
Article 12. Forms of payment. )o employer shallpay the wages of an employee by means ofpromisorry notes, vouchers, coupons, to9ens,
tic9ets, chits or any ob8ect other than legal tender,even when expressly re:uested by the employee. 'ayment of wages by chec9 or money order shall
be allowed when such manner of payment iscustomary on the date of effectivity of this Code or
is necessary because of special circumstances asspecified in appropriate regulations to be issued bythe +ecretary of Labor and *mployment or isstipulated in a collective bargaining agreement.
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Form o /ayment
Article 1. Direct payment of wages. ?ages shall bepaid directly to the $or%ers to whom they are due,except4
5a6 !n cases of force ma8eure rendering such paymentsimpossible or under other special circumstances to be
determined by the +ecretary of Labor and *mployment inappropriate regulations, in which cases the wor9er may bepaid through another person under written authority givenby the wor9er for the purpose= or
5b6 ?here the wor9er has died, in which case theemployer may pay the wages of the deceased wor9er to
the heirs of the latter without the necessity of intestateproceedings. The claimant, if they are all of age, shallexecute an affidavit attesting to their relationship to thedeceased and the fact that they are his heirs, to theexclusion of all other persons. @ @ @ @ @ @ @ @ @
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Time an, /la"e o /ayment
Article 15. Time of payment. ?ages shall be paid at leastonce every two wee9s or twice a month at intervals notexceeding sixteen days. !f on account of force ma8eure orcircumstances beyond the employerAs control, payment ofwages on or within the time herein provided cannot bemade, the employer shall pay the wages immediately aftersuch force ma8eure or circumstances have ceased.
Article 1. Place of payment. 'ayment of wages shall bemade at or near the place of underta9ing, except as
otherwise provided by such regulations as the +ecretary ofLabor and *mployment may prescribe under conditions toensure greater protection of wages.
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/rohi+itions
Article 112. Non-interference in disposal of wages.
Article 115. Wage deduction.
Article 11. Deposits for loss or damage.
Article 11. Withholding of wages and kickbacks .
Article 11+. Deduction to ensure employment.
Article 11/. Retaliatory measures.
Article 11F. False reporting.
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ithhol,in! o a!es
anagement prerogati#e refers ;to the right ofan employer to regulate all aspects ofemployment, such as the freedom to prescri!e$or% assignments, $or%ing methods, processesto !e follo$ed, regulation regarding transfer of
employees, super#ision of their $or%, layoff anddiscipline, and dismissal and recall of $or%.<Although management prerogati#e refers to ;theright to regulate all aspects of employment,< itcannot !e understood to include the right totemporarily $ithhold salaryE$ages $ithout the
consent of the employee. To sanction such aninterpretation $ould !e contrary to Article 11 ofthe =a!or *ode.
+B+ 'erforated aterials v. ia1, "ctober #$, %&
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/ayment +y Res$lts
Article 11. 6ayment by results. The Secretaryof =a!or and 9mployment shall regulate thepayment of $ages !y results, including pa%yao,
piece$or% and other nontime $or%, in order toensure the payment of fair and reasona!le$age rates, prefera!ly through time and motionstudies or in consultation $ith representati#esof $or%ersG and employersG organizations.
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or0er /reeren"e
Article 11. 8orker preference in case ofbankruptcy. In the e#ent of !an%ruptcy orli&uidation of an employerGs !usiness, his
$or%ers shall en"oy first preference as regardstheir unpaid $ages and other monetary claims,any pro#ision of la$ to the contrarynot$ithstanding. Such unpaid $ages andmonetary claims shall !e paid in full !efore the
claims of the o#ernment and other creditorsmay !e paid.
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a!e Distortion
Article 12. ' ' '
Chere the application of any prescri!ed $age
increase !y #irtue of a la$ or Cage @rder issued
!y any 0egional oard results in distortions of
the $age structure $ithin an esta!lishment, theemployer and the union shall negotiate to correct
the distortions. Any dispute arising from $age
distortions shall !e resol#ed through the
grie#ance procedure under their collecti#e!argaining agreement and, if it remains
unresol#ed, through #oluntary ar!itration.
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a!e Distortion
Article 12. ' ' '
As used herein, a $age distortion shall mean a
situation $here an increase in prescri!ed $age
rates results in the elimination or se#erecontraction of intentional &uantitati#e
differences in $age or salary rates !et$een and
among employee groups in an esta!lishment as
to effecti#ely o!literate the distinctionsem!odied in such $age structure !ased on
s%ills, length of ser#ice, or other logical !ases of
differentiation.
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–/ours of 0or4
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0
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o$rs o or0
Article /F. 9mergency overtime work. Any employee may !e
re&uired !y the employer to perform o#ertime $or% in any ofthe follo$ing cases:
(a) Chen the country is at $ar or $hen any other national or localemergency has !een declared !y *ongress or the *hief 9'ecuti#e
(!) Chen it is necessary to pre#ent loss of life or property or incase of imminent danger to pu!lic safety due to an actual orimpending emergency in the locality caused !y serious accidents,
fire, flood, typhoon, earth&ua%e, epidemic or other disaster orcalamity (c) Chen there is urgent $or% to !e performed on machines,
installation or e&uipment, in order to a#oid serious loss or damageto the employer or some other cause of similar nature
(d) Chen the $or% is necessary to pre#ent loss or damage toperisha!le goods
(e) Chere the completion or continuation of the $or% started!efore the /th hour is necessary to pre#ent serious o!struction orpre"udice to the !usiness or operations of the employer.
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o$rs or0e,
Article /. :ours worked. 4ours $or%ed
shall include (a) all time during $hich
an employee is re&uired to !e on duty
or to !e at a prescri!ed $or%place, and(!) all time during $hich an employee is
suffered or permitted to $or%.
0est periods of short duration during
$or%ing hours shall !e counted ashours $or%ed.
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)eal /erio, Article /. Meal periods. Su!"ect to such regulations as
the Secretary of =a!or and 9mployment may prescri!e,it shall !e the duty of e#ery employer to gi#e hisemployees not less than si'ty minutes timeoff for theirregular meals.
9690A= 0>=9: not less than 1 hour timeoff for regular meals Jnoncompensa!le
9*9-TI@6S: meal period of not less than 2 mins.: Chere the $or% is nonmanual $or% in nature or does not in#ol#e
strenuous physical e'ertion Chere the esta!lishment regularly operates not less than 1 hours
a day In case of actual or impending emergencies or there is urgent
$or% to !e performed on machineries, e&uipment or installationsto a#oid serious loss $hich the employer $ould other$ise suffer
Chere the $or% is necessary to pre#ent serious loss of perisha!legood
0est periods or coffee !rea%s
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O#ertime /ay
Article /+. 7vertime work. Cor% may !e performed !eyond eighthours a day pro#ided that the employee is paid for the o#ertime$or% an additional compensation e&ui#alent to his regular $ageplus at least t$entyfi#e percent thereof.
Cor% performed !eyond eight hours on a holiday or rest day shall !e
paid an additional compensation e&ui#alent to the rate for the firsteight hours on a holiday or rest day plus at least 5 percent thereof.
T4>S:
; 2K @T -09I> for @0?I6A0B ?ABS ; 5K @T -09I> for 9T0A@0?I6A0B ?ABS
(4olidaysE0est ?ays)
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O#ertime /ay
Article F. 0omputation of additionalcompensation. Dor purposes of computingo#ertime and other additional remuneration asre&uired !y this *hapter, the 8regular $age8 of anemployee shall include the cash $age only,$ithout deduction on account of facilitiespro#ided !y the employer.
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Osettin! /rohi+ite,
Article //. ;ndertime not offset by overtime. >ndertime $or% on any particular day shall not !eoffset !y o#ertime $or% on any other day.-ermission gi#en to the employee to go on lea#eon some other day of the $ee% shall not e'emptthe employer from paying the additionalcompensation re&uired in this *hapter.
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Ni!ht Shit Dierential
Article /. 4ight shift differential. 9#ery employeeshall !e paid a night shift differential of not less thanten percent of his regular $age for each hour of $or%performed !et$een ten oGcloc% in the e#ening and si'oGcloc% in the morning.
6I4T S4IDT ?IDD9096TIA=: 1K
TI9: 1 - T@ A
6@T9: 6ight Shift ?ifferential is on top of @H90TI9-09I>
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o$rs o or0 - Co#era!e
Article /2. 0overage. The pro#ision of this Title
shall apply to employees in all esta!lishments
and underta%ings, $hether for profit or not, !ut
not to go#ernment employees, managerial
employees, field personnel, mem!ers of thefamily of the employer $ho are dependent on him
for support, domestic helpers, persons in the
personal ser#ice of another and $or%ers $ho are
paid !y results as determined !y the Secretary of=a!or and 9mployment in appropriate
regulations.
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o$rs o or0 - Co#era!e
Article /2. 0overage. ' '
As used herein, 8managerial employees8 refers to
those $hose primary duty consists of the management
of the esta!lishment in $hich they are employed or of
a department or su!di#ision thereof, and to otherofficers or mem!ers of the managerial staff.
8Dield personnel8 refers to nonagricultural employees
$ho regularly perform their duties a$ay from the
principal place of !usiness or !ranch office of the
employer and $hose actual hours of $or% in the fieldcannot !e determined $ith reasona!le certainty.
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o$rs o or0 - Co#era!e
DI9=? -90S@669= J employees $hoseperformance of their "o! is not super#ised !y theemployer or its representati#e, as the $or% isperformed outside the principal office of theemployer
time and performance is unsuper#ised !y theemployer
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RE/34IC ACT NO. 15161
A6 A*T A==@CI6 T49 9-=@B96T @D 6I4TC@0L90S, T4909B 09-9A=I6 A0TI*=9S 15 A6? 151@D T49 =A@0 *@?9
Article 15. 4ight work prohibition. 6o $oman, regardless of age, shall !e
employed or permitted or suffered to $or%, $ith or $ithout compensation:
(a) In any industrial underta%ing or !ranch thereof !et$een ten oGcloc% at
night and si' oGcloc% in the morning of the follo$ing day
(!) In any commercial or nonindustrial underta%ing or !ranch thereof, other
than agricultural, !et$een midnight and si' oGcloc% in the morning of the
follo$ing day or
(c) In any agricultural underta%ing at night time unless she is gi#en a period
of rest of not less than nine consecuti#e hours.
Article 151. 9
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RE/34IC ACT NO. 15161
Art. 1. 0overage.= This chapter shall apply to allpersons, $ho shall !e employed or permitted or suffered to$or% at night, e'cept those employed in agriculture, stoc%raising, fishing, maritime transport and inland na#igation,during a period of not less than se#en (+) consecuti#ehours, including the inter#al from midnight to fi#e o7cloc%in the morning, to !e determined !y the Secretary of =a!or
and 9mployment, after consulting the $or%ers7representati#esEla!or organizations and employers. ;6ight $or%er< means any employed person $hose $or%
re&uires performance of a su!stantial num!er of hours ofnight $or% $hich e'ceeds a specified limit. This limit shall!e fi'ed !y the Secretary of =a!or after consulting the
$or%ers7 representati#esEla!or organizations andemployers.<
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omen Ni!ht or0ers
Art. 1/. 8omen 4ight 8orkers.= easures shall !eta%en to ensure that an alternati#e to night $or% isa#aila!le to $omen $or%ers $ho $ould other$ise !ecalled upon to perform such $or%:
(a) efore and after child!irth, for a period of at leastsi'teen (1) $ee%s, $hich shall !e di#ided !et$een thetime !efore and after child!irth
(!) Dor additional periods, in respect of $hich a medicalcertificate is produced stating that said additional periodsare necessary for the health of the mother or child: ; (1) ?uring pregnancy ;
(2) ?uring a specified time !eyond the period, afterchild!irth is fi'ed pursuant to su!paragraph (a) a!o#e, thelength of $hich shall !e determined !y the ?@=9 afterconsulting the la!or organizations and employers.
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omen Ni!ht or0ers
Art. 1/. 8omen 4ight 8orkers.=
-regnant $omen and nursing mothers may !e allo$ed
to $or% at night only if a competent physician, other
than the company physician, shall certify their fitness
to render night $or%, and specify, in the case ofpregnant employees, the period of the pregnancy that
they can safely $or%.
The measures referred to in this article may include
transfer to day $or% $here this is possi!le, the
pro#ision of social security !enefits or an e'tension of
maternity lea#e.
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Ri!ht to EA4T ASSESS)ENT
Art. 1. :ealth 1ssessment, > At their re&uest, $or%ersshall ha#e the right to undergo a health assessment$ithout charge and to recei#e ad#ice on ho$ to reduceor a#oid health pro!lems associated $ith their $or%:
(a) efore ta%ing up an assignment as a night $or%er (!) At regular inter#als during such an assignment and (c) If they e'perience health pro!lems during such an
assignment $hich are not caused !y factors other thanthe performance of night $or%.
Cith the e'ception of a finding of unfitness for night$or%, the findings of such assessments shall not !etransmitted to others $ithout the $or%ers7 consent andshall not !e used to their detriment.
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Ri!ht to ADE7ATE
FACI4ITIES
Art. 1. Mandatory ?acilities.= Suita!le firstaid
facilities shall !e made a#aila!le for $or%ers
performing night $or%, including arrangements $here
such $or%ers, $here necessary, can !e ta%enimmediately to a place for appropriate treatment. The
employers are li%e$ise re&uired to pro#ide safe and
healthful $or%ing conditions and ade&uate or
reasona!le facilities such as sleeping or resting
&uarters in the esta!lishment and transportation fromthe $or% premises to the nearest point of their
residence su!"ect to e'ceptions and guidelines to !e
pro#ided !y the ?@=9.
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TRANSFER
Art. 1+. Transfer.= 6ight $or%ers $ho are certified as
unfit for night $or%, due to health reasons, shall !e
transferred, $hene#er practica!le, to a similar "o! for
$hich they are fit to $or%.
If such transfer to a similar "o! is not practica!le, these$or%ers shall !e granted the same !enefits as other
$or%ers $ho are una!le to $or%, or to secure
employment during such period.
A night $or%er certified as temporarily unfit for night
$or% shall !e gi#en the same protection againstdismissal or notice of dismissal as other $or%ers $ho
are pre#ented from $or%ing for reasons of health.<
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CONS4TATION
Art. 11. 4ight 8ork 3chedules.= efore introducing
$or% schedules re&uiring the ser#ices of night
$or%ers, the employer shall consult the $or%ers7
representati#esEla!or organizations concerned on thedetails of such schedules and the forms of
organization of night $or% that are !est adapted to the
esta!lishment and its personnel, as $ell as on the
occupational health measures and social ser#ices
$hich are re&uired. In esta!lishments employing night$or%ers, consultation shall ta%e place regularly.<
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Labor Standards Employer-Employee Relationship
Contracting Statutory Benefits
– 0ages
–
/ours of 0or4 –Rest Period
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Rest Day
Article F1. Right to weekly rest day. (a) It shall !ethe duty of e#ery employer, $hether operating forprofit or not, to pro#ide each of his employees arest period of not less than t$entyfourconsecuti#e hours after e#ery si' consecuti#enormal $or% days.
S"he,$le o Rest Day
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S"he,$le o Rest Day Article F1. Right to weekly rest day. (!) The employer shall
determine and schedule the $ee%ly rest day of hisemployees, su!"ect to collecti#e agreement and to suchrules and regulations as the Secretary of =a!or and9mployment may pro#ide. 4o$e#er, the employer shallrespect the preference of employees as to their $ee%ly restday $hen such preference is !ased on religious grounds.
0>=9S: Chere, ho$e#er, the choice of the employee as tohis rest day !ased on religious grounds $ill ine#ita!lyresult in serious pre"udice or o!struction to the operationsof the underta%ing and the employer cannot normally !ee'pected to resort to other remedial measures, theemployer may so schedule the $ee%ly rest day of his
choice for at least t$o (2) days in a month.
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or0 on Rest Day Article F2. 8hen employer may re@uire work on a rest day. The employer
may re&uire his employees to $or% on any day: (a) In case of actual or impending emergencies caused !y serious
accidents, fire, flood, typhoon, earth&ua%e, epidemic or other disaster orcalamity to pre#ent loss of life and property or imminent danger to pu!licsafety
(!) In case of urgent $or% to !e performed on the machinery, e&uipmentor installation to a#oid serious loss $hich the employer $ould other$ise
suffer (c) In the e#ent of a!normal pressure of $or% due to specialcircumstances, $here the employer cannot ordinarily !e e'pected toresort to other measures
(d) To pre#ent loss or damage to perisha!le goods (e) Chere the nature of the $or% re&uires continuous operations and the
stoppage of $or% may result in irrepara!le in"ury or loss to theemployer and
(f) >nder other circumstances analogous or similar to the foregoing asdetermined !y the Secretary of =a!or and 9mployment.
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or0 on Rest Day - /ayment Article F5. 0ompensation for rest day, 3unday or holiday
work. (a) Chere an employee is made or permitted to $or%on his scheduled rest day, he shall !e paid an additionalcompensation of at least 5 percent of his regular $age. Anemployee shall !e entitled to such additional compensationfor $or% performed on Sunday only $hen it is hisesta!lished rest day.
(!) Chen the nature of the $or% of the employee is suchthat he has no regular $or%days and no regular rest dayscan !e scheduled, he shall !e paid an additionalcompensation of at least 5 percent of his regular $age for$or% performed on Sundays and holidays.
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Labor Standards Employer-Employee Relationship
Contracting Statutory Benefits
– 0ages
–
/ours of 0or4 –Rest Period
–/olidays
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oli,ay /ay
Article F. Right to holiday pay. 5a6 *verywor9er shall be paid his regular daily $ageduring regular holidays, except in retail andservice establishment regularly employing lessthan ten wor9ers=
5b6 The employer may re:uire an employee to$or% on any holiday but such employee shallbe paid a compensation e:uivalent to t$icehis regular rate= and
@ @ @ @ @ @@ @ @
0 S i l D
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or0 on Spe"ial Day
Article F5. ompensation for rest day! "unday orholiday work. @ @ @ @ @ @ @ @ @
5c6 Cor% performed on any special holiday shall
be paid an additional compensation of at least 5percent of the regular $age of the employee.?here such holiday wor9 falls on the employeeAsscheduled rest day, he shall be entitled to anadditional compensation of at least percent of hisregular $age.
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oli,ay an, Spe"ial Day
4@=I?AB S-9*IA= ?AB
6@ C@0L, CIT4 -AB 6@ C@0L, 6@ -AB
CIT4 C@0L,?@>=9 -AB
CIT4 C@0L, 9T0A-AB (5K premium)
oli,ays an, Spe"ial Days
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oli,ays an, Spe"ial Days
4@=I?AB S-9*IA= ?AB
6e$ Bear7s ?ay
aundy Thursday
ood Driday
Ara$ ng Lagitingan
=a!or ?ayIndependence ?ay
6ational 4eroes ?ay
onifacio ?ay
*hristmas0izal ?ay
9id7l Ditr
9id7l Adha
6inoy A&uino ?ay
All Saints7 ?ay
=ast ?ay of the Bear
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Ser#i"e In"enti#e 4ea#e
Article F. Right to ser#ice incenti#e lea#e. 5a6 *very employeewho has rendered at least one year of service shall be entitledto a yearly service incentive leave of five days with pay.
5b6 This provision shall not apply to those who are already
en8oying the benefit herein provided, those en8oying vacationleave with pay at least five days and those employed inestablishments regularly employing less than ten employees orin establishments exempted from granting this benefit by the+ecretary of Labor after considering the viability or financialcondition of such establishment.
5c6 The grant of benefit in excess of that provided herein shall
not be made a sub8ect of arbitration or any court oradministrative action.
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SI4
9mployees engaged on tas% or contract
!asis or paid on purely commission
!asis are not automatically e'emptedfrom the grant of ser#ice incenti#e
lea#e, unless, they fall under the
classification of field personnel.
+errano v. +everino +antos Transit, /ugust D, %&
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)aternity 4ea#e
0.A. 111, as amended !y 0.A. /2/2
days for normal deli#ery
+/ days for caesarian deli#ery
arried or unmarried
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/aternity 4ea#e
0.A. /1/+
+ days
arried and coha!iting $ith the $ife
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4ea#e or 8AC #i"tims
0.A. F22
1 days
As the need arises, at the option of the employee
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Spe"ial 4ea#e or omen
0.A. F+1
2 months $ith pay
Dor gynecological disorders re&uiring surgicalprocedure
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/arental 9Solo /arent: 4ea#e
Section /, 0.A. /F+2 In addition to lea#e pri#ileges under e'isting
la$s, parental lea#e of not more than se#en (+)$or%ing days e#ery year shall !e granted to anysolo parent employee $ho has rendered ser#iceof at least one (1) year.
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Ser#i"e Char!es
Article F. "er#ice charges. /ll servicecharges collected by hotels, restaurants andsimilar establishments shall be distributed at
the rate of E percent for all coveredemployees and #E percent for management.The share of the employees shall be e:uallydistributed among them. In case the ser#ice
charge is a!olished, the share of theco#ered employees shall !e integratedinto their $ages.
OFs entitle, to salar or
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OFs entitle, to salary or
NE;/IRED /ORTION o
"ontra"t /n "3? dismissed from overseas employmentwithout 8ust, valid or authori1ed cause as defined bylaw or contract, is entitled to4
3ull reimbursement of the placement fee with interestat #%F per annum Bis salary for the G)*@'!H* '"HT!") of his
employment contract
)"T*4 The $-month limit in the law is !)I/L! Serrano #s. allant Doctrine (2F)
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)oney "laims o seaarers
/rticle %D# is the law governing the prescription of money claimsof seafarers, a class of overseas contract wor9ers. This lawprevails over +ection % of the +tandard *mployment Contract for+eafarers which provides for claims to be brought only within oneyear from the date of the seafarer
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Retirement
Retirement is the result of a bilateral act of the parties! a voluntary agreement between theemployer and the employee whereby the latter!after reaching a certain age! agrees to se#er hisor her employment with the former .
/ retirement plan giving the employer the optionto retire its employees below the ages providedby law must be assented to and accepted by thelatter, otherwise, its adhesive imposition willamount to a deprivation of property without due
process of law. ercado #. $niprom! %ctober &'! ()&)
8isitorial an, Enor"ement
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/oers Article 12/. /isitorial and enforcement powers. (a) The Secretary of =a!or
and 9mployment or his duly authorized representati#es, including la!orregulations officers, shall ha#e access to employerGs records and premisesat any time of the day or night $hene#er $or% is !eing underta%en therein,and the right to copy therefrom, to &uestion any employee and toin#estigate any fact, condition or matter $hich may !e necessary todetermine #iolations or $hich may aid in the enforcement of this *ode andof any la!or la$, $age order or rules and regulations issued pursuantthereto.
(!) The pro#isions of Article 21+ of this *ode to the contrarynot$ithstanding and in cases $here the relationship of employeremployee still e'ists, the Secretary of =a!or and 9mployment or his dulyauthorized representati#es shall ha#e the po$er to order and administer,after due notice and hearing, compliance $ith the la!or standardspro#isions of this *ode and other la!or legislation !ased on the findings ofla!or regulation officers or industrial safety engineers made in the courseof inspection, and to issue $rits of e'ecution to the appropriate authorityfor the enforcement of their order, e'cept in cases $here the employer
contests the findings of the la!or regulation officer and raises issues$hich cannot !e resol#ed $ithout considering e#identiary matters that arenot #erifia!le in the normal course of inspection.
8isitorial an, Enor"ement
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8isitorial an, Enor"ement
/oers Article 12F. Reco#ery of wages! simple money claims and
other benefits. Gpon complaint of any interested party, theHegional irector of the epartment of Labor and*mployment or any of the duly authori1ed hearing officersof the epartment is empowered, through summaryproceeding and after due notice, to hear and decide any
matter involving the recovery of wages and other monetaryclaims and benefits, including legal interest, owing to anemployee or person employed in domestic or householdservice or househelper under this Code, arising fromemployer-employee relations4 'rovided, That suchcomplaint does not include a claim for reinstatement4'rovided, further, That the aggregate money claims of each
employee or househelper do not exceed five thousandpesos 5'E,&&&6. @ @ @ @ @ @ @ @ @
Stoppa!e o or0
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Stoppa!e o or0
Article 12/. *isitorial and enforcement powers. @ @ @@ @ @
5c6 The +ecretary of Labor and *mployment mayli9ewise order stoppage of wor9 or suspension ofoperations of any unit or department of an establishmentwhen non-compliance with the law or implementing rules
and regulations poses grave and imminent danger to thehealth and safety of wor9ers in the wor9place. ?ithintwenty-four hours, a hearing shall be conducted todetermine whether an order for the stoppage of wor9 orsuspension of operations shall be lifted or not. !n casethe violation is attributable to the fault of the employer, he
shall pay the employees concerned their salaries orwages during the period of such stoppage of wor9 orsuspension of operation.
Se"retary o 4a+or has NO =$ris,i"tion to ,etermine
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Se"retary o 4a+or has NO =$ris,i"tion to ,etermine
the e%isten"e o employer-employee relationship in the
e%er"ise o the #isitorial an, enor"ement poers $n,er
Arti"le 12>.
/rticle #%
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Attorney?s Fees
Article 111. 1ttorneyAs fees. (a) In cases of
unla$ful $ithholding of $ages the culpa!le
party may !e assessed attorneyGs fees
e&ui#alent to ten percent of the amount of$ages reco#ered.
(!) It shall !e unla$ful for any person to
demand or accept, in "udicial or administrati#e
proceedings for the reco#ery of the $ages,attorneyGs fees $hich e'ceed ten percent of the
amount of $ages reco#ered.