The Labor Code of the Philippines
Presidential Decree No. 442
Read the Labor Code on the DOLE website (it uses the article numbers before 2015)
Which provisions are explained in plain language?
Title Preliminary: Preliminary Title
Book 3: CONDITIONS OF EMPLOYMENT
Title I: WORKING CONDITIONS AND REST PERIODS
Chapter I: HOURS OF WORK
- Article 82: Who the hours-of-work rules coverThe provisions of this Title shall apply to employees in all establishments and undertakings whether for profit or not, but not to…
- Article 83: Normal hours of work: eight hours a dayThe normal hours of work of any employee shall not exceed eight (8) hours a day. Health personnel in cities and municipalities with a…
- Article 84: Hours workedHours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and (b) all…
- Article 85: Meal periodsSubject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less…
- Article 86: Night shift differentialEvery employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work…
- Article 87: Overtime workWork may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation…
- Article 88: Undertime not offset by overtimeUndertime work on any particular day shall not be offset by overtime work on any other day. Permission given to the employee to go on…
- Article 89: Emergency overtime workAny employee may be required by the employer to perform overtime work in any of the following cases: (a) When the country is at war or…
Chapter II: WEEKLY REST PERIODS
- Article 91: Right to a weekly rest day(a) It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not…
- Article 92: When work on a rest day may be requiredThe employer may require his employees to work on any day: (a) In case of actual or impending emergencies caused by serious accident,…
- Article 93: Pay for rest day, Sunday or holiday work(a) Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least…
Chapter III: HOLIDAYS, SERVICE INCENTIVE LEAVES, AND SERVICE CHARGES
- Article 94: Right to holiday pay(a) Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly…
- Article 95: Service incentive leave(a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with…
- Article 96: Service chargesAmendedAll service charges collected by hotels, restaurants and similar establishments shall be distributed completely and equally among the…
Title II: WAGES
Chapter II: MINIMUM WAGE RATES
- Article 99: Regional minimum wagesAmendedThe minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those…
- Article 100: No elimination or reduction of benefitsNothing in this Book shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the…
Chapter III: PAYMENT OF WAGES
- Article 102: Forms of paymentNo employer shall pay the wages of an employee by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object…
- Article 103: Time of paymentWages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. If on account of…
- Article 106: Contractor or subcontractorWhenever an employer enters into a contract with another person for the performance of the former’s work, the employees of the contractor…
- Article 109: Solidary liability of contractor and principalThe provisions of existing laws to the contrary notwithstanding, every employer or indirect employer shall be held responsible with his…
- Article 110: Workers first when a business goes bankruptAmendedIn the event of bankruptcy or liquidation of an employer’s business, his workers shall enjoy first preference as regards their wages and…
- Article 111: Attorney's fees in wage cases(a) In cases of unlawful withholding of wages, the culpable party may be assessed attorney’s fees equivalent to ten percent of the amount…
Chapter IV: PROHIBITIONS REGARDING WAGES
- Article 113: Deductions from wagesNo employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except: (a) In cases…
- Article 116: No withholding of wages, no kickbacksIt shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up…
Chapter V: WAGE STUDIES, WAGE AGREEMENTS, AND WAGE DETERMINATION
Title III: WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES
Chapter I: EMPLOYMENT OF WOMEN
- Article 134 [136]: Stipulation against marriageIt shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not…
- Article 135 [137]: Prohibited acts against women employeesIt shall be unlawful for any employer: (1) To deny any woman employee the benefits provided for in this Chapter or to discharge any woman…
Book 4: HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS
Title II: EMPLOYEES COMPENSATION AND STATE INSURANCE FUND
Book 5: LABOR RELATIONS
Title II: NATIONAL LABOR RELATIONS COMMISSION
Chapter II: POWERS AND DUTIES
Title III: BUREAU OF LABOR RELATIONS
Title VI: UNFAIR LABOR PRACTICES
Chapter II: UNFAIR LABOR PRACTICES OF EMPLOYERS
Title VIII: STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES
Book 6: POST-EMPLOYMENT
Title I: TERMINATION OF EMPLOYMENT
- Article 294 [279]: Security of tenureAmendedIn cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by…
- Article 295 [280]: Regular and casual employmentThe provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment…
- Article 296 [281]: Probationary employmentProbationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an…
- Article 297 [282]: Termination by employer: just causesAn employer may terminate an employment for any of the following causes: (a) Serious misconduct or willful disobedience by the employee of…
- Article 298 [283]: Closure and reduction of personnelThe employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment…
- Article 299 [284]: Disease as ground for terminationAn employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment…
- Article 300 [285]: Termination by employee: resignation(a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least…
- Article 301 [286]: When employment is not ended: floating statusThe bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by…
Book 7: TRANSITORY AND FINAL PROVISIONS
Title II: PRESCRIPTION OF OFFENSES AND CLAIMS
What questions about the Labor Code are answered here?
- Are Managers and Field Workers Paid Overtime?Who is excluded from overtime and the hours-of-work rules under Article 82 of the Labor Code: managers, managerial staff, field personnel and others.
- Are Meal Breaks Paid in the Philippines?Is lunch break paid in the Philippines? The one-hour meal period, when a shorter 20-minute break counts as paid work, coffee breaks, and a 2022 ruling.
- What Happens If I Go AWOL?Going AWOL in the Philippines can lead to dismissal for abandonment, but only with an unjustified absence and a clear intent to quit. What the law says.
- Can a Probationary Employee Be Terminated?Can you be terminated during probation in the Philippines? Only for a just cause or for failing standards made known at hiring. The 6-month rule explained.
- Can Your Employer Change Your Work Schedule or Shift?When an employer may change your work hours, shift or rest day under management prerogative, its limits, and when a change is constructive dismissal.
- Can Your Employer Deduct From Your Salary?Which salary deductions are legal in the Philippines under Article 113 of the Labor Code, why cash bonds were refunded in two cases, and where to complain.
- Can an Employer Ban Employees From Marrying?Can a company ban marriage or marriage to a co-worker? Article 134 [136] of the Labor Code, the no-spouse policy cases and business necessity.
- Can an Employer Take Away Benefits You Already Get?The non-diminution rule in the Philippines: when a bonus, allowance or other benefit becomes a company practice that the employer can no longer withdraw.
- Can Your Employer Require You to Work Overtime?Can your employer force you to work overtime? The cases in Article 89 of the Labor Code, overtime pay of at least 25% more, and when you may refuse.
- Can Your Employer Punish You for a Labor Complaint?Why an employer may not cut pay, fire or discriminate against a worker for a labor complaint or testimony: Articles 118 and 259 [248] of the Labor Code.
- Can Your Employer Transfer You to Another Branch or Post?When an employer may transfer an employee in the Philippines: management prerogative, its limits, and when a transfer becomes constructive dismissal.
- Can I Resign Immediately Without Notice?Can you resign immediately in the Philippines? The Labor Code allows leaving without notice only for four just causes. What they mean, with examples.
- Can You Be Fired for Being Sick?Being sick is not by itself a ground for dismissal. When the Labor Code allows termination for disease, the six-month certificate, and separation pay.
- Can You Be Fired for Getting Pregnant?Why dismissing a woman because of pregnancy is unlawful under Article 135 [137] of the Labor Code, and what Leus says about pregnancy outside marriage.
- Can Your Employer Require a Cash Bond or Deposit?When an employer may require a cash bond or deposit under Articles 113 and 114 of the Labor Code, the rules on losses, and cases that ordered refunds.
- Constructive Dismissal: When Quitting Counts as Being FiredConstructive dismissal in the Philippines: when a demotion, pay cut or unbearable treatment makes quitting a dismissal in disguise, and what you can claim.
- Endo and Labor-Only Contracting: Are Agency Workers Regular?Hiring through an agency is not illegal in itself; labor-only contracting is. When the company is the real employer, and what DOLE registration means.
- Fired Without Notice? The Two-Notice Rule and Nominal DamagesFired without notice in the Philippines? The two-notice rule, the hearing, and what happens when a valid dismissal skips due process: nominal damages.
- Floating Status: Is It Legal and What Happens After 6 Months?Is floating status legal in the Philippines? It may last up to six months. Then the employer must recall you or properly terminate you with separation pay.
- Is Waiting Time, On-Call Time or Training Paid?When waiting time, on-call time, short breaks, overtime work and training count as paid hours worked under Article 84 of the Labor Code and its rules.
- How to Appeal a Labor Arbiter Decision to the NLRCAppealing a Labor Arbiter decision to the NLRC: the 10-day deadline, the four grounds, the employer's appeal bond, and reinstatement while the appeal runs.
- How to File a Labor Complaint: SEnA, DOLE and NLRCMost labor complaints start with 30 days of mandatory conciliation at a DOLE SEnA desk. Where to file, what happens, and where unsettled cases go next.
- Illegally Dismissed: What Can You Get? Backwages and ReinstatementIllegally dismissed in the Philippines? The Labor Code gives reinstatement and full backwages. Courts may order separation pay instead, plus 6% interest.
- Agency Worker Not Paid: Is the Client Company Liable?When the client company must pay wages an agency or contractor failed to pay, under Articles 106, 107 and 109 of the Labor Code and the Mariveles ruling.
- Kasambahay Rights Under the Batas Kasambahay (RA 10361)What the Batas Kasambahay guarantees: rest days, monthly cash wages, 13th month pay, 5 days leave, SSS, PhilHealth and Pag-IBIG, and no fees or deposits.
- Ending Kasambahay Employment: Notice, Indemnity and COEHow a kasambahay job can end under RA 10361: valid grounds, 5 days notice, 15 days indemnity for unjust dismissal, forfeiture, and the COE within 5 days.
- How Long Do I Have to File a Claim for Unpaid Wages?Money claims from employment must be filed within 3 years from when each claim accrued. What this means for unpaid wages, benefits and leave pay.
- Late or Unpaid Salary: What the Law Says and Where to ComplainUnpaid or delayed salary in the Philippines: DOLE conciliation, the Regional Director for small claims, inspections, attorney's fees and the 3-year limit.
- Maternity Leave Rights: 105 Days, Unmarried Mothers, MiscarriageEvery working mother gets 105 days of maternity leave with full pay, married or not. Solo parents get 120 days, miscarriage 60. Your rights under RA 11210.
- OFW Illegally Dismissed: Salary for the Unexpired ContractAn illegally dismissed OFW may claim the salary for the whole unexpired contract, not just three months, the Supreme Court ruled in Sameer and Aldovino.
- Paternity Leave in the Philippines: 7 Days or 14 Days?Married fathers get 7 days paternity leave with full pay. The mother can give up to 7 more days of her maternity leave, even if not married. Who qualifies.
- Preventive Suspension: How Long Can It Last?Preventive suspension in the Philippines: when an employer may use it, the 30-day limit, pay during an extension, and when it is constructive dismissal.
- Project Employees: Rights and When They Become RegularWho is a project employee in the Philippines, what the employer must tell you when you are hired, and when repeated project work makes you regular.
- You Signed a Quitclaim: Can You Still File a Case?When a quitclaim signed by an employee is valid in the Philippines, the four requisites in Goodrich (2010), when it is set aside, and SEnA settlements.
- When Is a Strike Legal in the Philippines?When a strike is legal under Article 278 [263] of the Labor Code: valid grounds, notice of strike, cooling-off period, strike vote, and illegal means.
- Do I Need to Render 30 Days When I Resign?Do you need to render 30 days when you resign? The Labor Code asks for one month written notice. What happens if you leave early, and what you still get.
- Can You Be Made to Work on Your Rest Day?Rest day rules in the Philippines: 24 hours after six work days, rest days for religious reasons, when rest day work may be required, and premium pay.
- Retirement Pay in the Philippines: Who Qualifies and How MuchRetirement pay under the Labor Code: age 60 to 65, five years of service, at least one-half month salary per year, mine workers, and who is exempt.
- Retrenchment and Closure: When Is It Legal?Retrenchment and closure in the Philippines: proof of losses, one month notice to workers and DOLE, separation pay, and what happens if a step is missing.
- Seafarer Disability Claims: The 120 and 240-Day RulesHow the 120-day and 240-day periods work in seafarer disability claims under Vergara (2008) and Elburg (2015), and how Article 198 [192] fits in.
- Service Charges: How They Must Be Shared With WorkersWho gets the service charge in hotels and restaurants under Article 96 of the Labor Code and RA 11360: equal shares, no managers, and where disputes go.
- Service Incentive Leave: 5 Days Paid Leave and Cash ConversionAfter one year of service, most private employees get 5 days of service incentive leave with pay. Who is excluded, cash for unused days, and how to claim.
- Solo Parent Leave: 7 Working Days With PaySolo parent employees get up to 7 working days of paid parental leave a year after 6 months of service, regular or not. A Solo Parent ID is required.
- Unfair Labor Practice: Examples and What It MeansWhat counts as unfair labor practice by an employer or a union under Articles 259 [248] and 260 [249] of the Labor Code, with examples and who decides.
- Your Employer Went Bankrupt: What Happens to Unpaid Wages?What Article 110 of the Labor Code means for unpaid wages when an employer goes bankrupt or is liquidated, and why a bank mortgage can come first.
- What Are the Valid Reasons to Fire an Employee?The five just causes to fire an employee under Article 297 of the Labor Code, who must prove them, and the notice steps the employer must follow.
- VAWC Leave: 10 Days Paid Leave for Victims of ViolenceVictims of violence under RA 9262 can take up to 10 days of paid leave on top of other leaves. Who qualifies, when it can be longer, and employer duties.
- Wage Distortion: When a Raise Erases the Pay GapWhat wage distortion means under Article 124 of the Labor Code, the four elements in Prubankers, and how a distortion is corrected with or without a union.
- When Does an Employee Become Regular?When you become a regular employee in the Philippines: work that is necessary to the business, six months of probation, and one year of casual service.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?