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13th Month Law (P.D. No. 851 dated 16 Dec 1975, as amended by Memo Order No.

28 dated 13 Aug 1986

Applicable Provision:
Section 8. Report of Compliance - Every covered employer shall make a report of his
compliance with the Decree to the nearest regional labor office not later than January
15 of each year.

Applicable Provision:
Section 4. Employees covered Except as provided in Section 3 of this issuance, all
employees of covered employers shall be entitled to benefit provided under the Decree
who are receiving not more than P1,000 a month, regardless of their position,
designation or employment status, and irrespective of the method by which their
wages are paid, provided that they have worked for at least one month during the
calendar year.
Applicable Provision:
Section 1. Payment of 13-month Pay. All employers covered by Presidential Decree
No. 851, hereinafter referred to as the “Decree”, shall pay to all their employees
receiving a basic salary of not more than P1,000 a month a thirteenth-month pay not
later than December 24 of every year.

Batas Kasambahay (R.A. No. 10361)

Applicable Provision:
SEC. 30. Social and Other Benefits. – A domestic worker who has rendered at least
one (1) month of service shall be covered by the Social Security System (SSS), the
Philippine Health Insurance Corporation (PhilHealth), and the Home Development
Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the
pertinent provisions provided by law.
SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. – Any abused or
exploited domestic worker shall be immediately rescued by a municipal or city social
welfare officer or a social welfare officer from the Department of Social Welfare and
Development (DSWD) in coordination with the concerned barangay officials. The
DSWD and the DILG shall develop a standard operating procedure for the rescue and
rehabilitation of abused domestic workers, and in coordination with the DOLE, for
possible subsequent job placement.

Applicable Provision:
SEC. 19. Health and Safety. – The employer shall safeguard the health and safety of
the domestic worker in accordance with laws, rules and regulations, with due
consideration of the peculiar nature of domestic work.
SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. – Any abused or
exploited domestic worker shall be immediately rescued by a municipal or city social
welfare officer or a social welfare officer from the Department of Social Welfare and
Development (DSWD) in coordination with the concerned barangay officials. The
DSWD and the DILG shall develop a standard operating procedure for the rescue and
rehabilitation of abused domestic workers, and in coordination with the DOLE, for
possible subsequent job placement.

SEC. 33. Termination Initiated by the Domestic Worker. – The domestic worker may
terminate the employment relationship at any time before the expiration of the contract
for any of the following causes:

(a) Verbal or emotional abuse of the domestic worker by the employer or any member
of the household;

(b) Inhuman treatment including physical abuse of the domestic worker by the employer
or any member of the household;

(c) Commission of a crime or offense against the domestic worker by the employer or
any member of the household;

(d) Violation by the employer of the terms and conditions of the employment contract
and other standards set forth under this law;

(e) Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household; and

(f) Other causes analogous to the foregoing.

Applicable Provision:
SEC 24. Minimum Wage. – The minimum wage of domestic workers shall not be less
than the following:

(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the
National Capital Region (NCR);

(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and
first class municipalities; and

(c) One thousand five hundred pesos (P1,500.00) a month for those employed in other
municipalities.

After one (1) year from the effectivity of this Act, and periodically thereafter, the
Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper,
determine and adjust the minimum wage rates of domestic workers.

Solo Parent Act (R.A. No. 8972)

Applicable Provision:
SEC. 12. Additional Powers and Functions of the DSWD. - The DSWD shall perform
the following additional powers and functions relative to the welfare of solo parents and
their families:

a. Conduct research necessary to:

1. develop a new body of knowledge on solo parents;


2. define executive and legislative measures needed to promote and protect
the interest of solo parents and their children; and
3. assess the effectiveness of programs designed for disadvantaged solo
parents and their children;

b. Coordinate the activites of various governmental and nongovernmental


organizations engaged in promoting and protecting the interests of solo parents
and their children; and
c. Monitor the implementation of the provisions of this Act and suggest mechanisms
by which such provisions are effectively implemented.

Applicable Provision:
SEC. 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the
following benefits and privileges:

1. Scholarship programs for qualified solo parents and their children in institutions
of basic, tertiary and technical/skills education; and
2. Nonformal education programs appropriate for solo parents and their children.

Applicable Provision:
SEC. 5. Comprehensive Package of Social Development and Welfare Services. -A
comprehensive package of social development and welfare services for solo parents
and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE,
NHA and DILG, in coordination with local government units and a nongovernmental
organization with proven track record in providing services for solo parents.
The DSWD shall coordinate with concerned agencies, the implementation of the
comprehensive package of social development and welfare services for solo parents
and their families. The package will initially include:

a. Livelihood development services which include trainings on livelihood skills, basic


business management, value orientation and the provision of seed capital or job
placement.
b. Counseling services which include individual, peer group or family counseling.
This will focus on the resolution of personal relationship and role conflicts.
c. Parent effectiveness services which include the provision and expansion of
knowledge and skills of the solo parent on early childhood development, behavior
management, health care, rights and duties of parents and children.
d. Critical incidence stress debriefing which include preventive stress management
strategy designed to assist solo parents in coping with crisis situations and cases
of abuse.
e. Special projects for individuals in need of protection which include temporary
shelter, counseling, legal assistance, medical care, self-concept or ego-building,
crisis management and spiritual enrichment.

Telecommuting Act (R.A. No. 11165)

Applicable Provision:
Section 4. telecommuting Program. - An employer in private sector may offer a
telecommuting program to its employees on a voluntary bases, and upon such terms
and conditions as they may mutually agree upon: Provided, That such terms and
conditions shall not be less than the minimum labor standards set by law, and shall
include compensable work hours, minimum number of work hours, overtime, rest days,
and entitlement to leave benefits. In all cases, the employer shall provide the
telecommuting employee with relevant written information in order to adequately apprise
the individual of the terms and conditions of the telecommuting program, and the
responsibilities of employee.
Section 5. Fair Treatment.

Applicable Provision:

Section 4. telecommuting Program.


Section 5. Fair Treatment.

Applicable Provision:

Section 4. telecommuting Program.


Section 5. Fair Treatment.

Social Security Act of 2018 (R.A. No. 11199)


Applicable Provision:
SEC. 22 Remittance of Contributions
“every employer required to deduct and to remit such contributions shall be liable for
their payment and if any contribution is not paid to the SSS as herein prescribed, the
delinquent employer shall pay besides the contribution a penalty thereon of two percent
(2%) per month from the date the contribution falls due until paid.”
SEC. 28. Penal Clause
SEC. 31. Transitory Clause

Applicable Provision:
SEC. 22 Remittance of Contributions
“every employer required to deduct and to remit such contributions shall be liable for
their payment and if any contribution is not paid to the SSS as herein prescribed, the
delinquent employer shall pay besides the contribution a penalty thereon of two percent
(2%) per month from the date the contribution falls due until paid.”
SEC. 28. Penal Clause
SEC. 31. Transitory Clause
Applicable Provision:
(k) Beneficiaries – The dependent spouse until he or she remarries, the dependent
legitimate, legitimated or legally adopted, and illegitimate children, who shall be the
primary beneficiaries of the member: Provided, That the dependent illegitimate children
shall be entitled to fifty percent (50%) of the share of the legitimate, legitimated or
legally adopted children: Provided, further, That in the absence of the dependent
legitimate, legitimated or legally adopted children of the member, his/her dependent
illegitimate children shall be entitled to one hundred percent (100%) of the benefits. In
their absence, the dependent parents who shall be the secondary beneficiaries of the
member. In the absence of all the foregoing, any other person designated by the
member as his/her secondary beneficiary.
Electronic Commerce Act (R.A. No. 8792)

Applicable Provisions:
Section 33. Penalties. - The following Acts, shall be penalized by fine and/or
imprisonment, as follows:
(c) Violations of the Consumer Act of Republic Act No. 7394 and other relevant to
pertinent laws through transaction covered by or using electronic data messages or
electronic documents, shall be penalized with the same penalties as provided in those
laws;
Applicable Provisions:

Section 29. Authority of the Department of Trade and Industry and Participating
Entities. - The Department of Trade and Industry (DTI) shall direct supervise the
promotion and development of electronic commerce in the country with relevant
government agencies, without prejudice to the provisions of Republic Act 7653 (Charter
of Bangko Sentral ng Pilipinas) and Republic Act No. 337, (General Banking Act) as
amended.

Among others, the DTI is empowered to promulgate rules and regulations, as well as
provide quality standards or issue certifications, as the case may be, and perform such
other functions as may be necessary for the implementation of this Act in the area of
electronic commerce to include, but shall not limited to, the installation of an online
public information and quality and price monitoring system for goods and services
aimed in protecting the interests of the consuming public availing of the advantages of
this Act.

Applicable Provisions:

Section 33. Penalties. - The following Acts, shall be penalized by fine and/or
imprisonment, as follows:

(a) Hacking or crackling with refers to unauthorized access into or interference in


a computer system/server or information and communication system; or any
access in order to corrupt, alter, steal, or destroy using a computer or other
similar information and communication devices, without the knowledge and
consent of the owner of the computer or information and communications
system, including the introduction of computer viruses and the like, resulting in
the corruption, destruction, alteration, theft or loss of electronic data messages or
electronic documents shall be punished by a minimum fine of One Hundred
Thousand pesos (P 100,000.00) and a maximum commensurate to the damage
incurred and a mandatory imprisonment of six (6) months to three (3) years;
105 – Extended Maternity Leave (R.A. No. 11210)

Applicable Provision:

Section 15. Security of Tenure. - Those who avail of the benefits of this Act, whether
in the government service or private sector, shall be assured of security of tenure. As
such, the exercise of this option by them shall not be used as basis for demotion in
employment or termination. The transfer to a parallel position or reassignment from one
organizational unit to another in the same agency or private enterprise shall be allowed:
Provided, That it shall not involve a reduction in rank, status, salary, or otherwise
amount to constructive dismissal.

Applicable Provision:
Section 3. Grant of Maternity Leave
Maternity leave shall be granted to female workers in every instance of pregnancy,
miscarriage or emergency termination of pregnancy, regardless of frequency
Section 17. Periodic Review - The Civil Service Commission (CSC), the DOLE, the
SSS, and the Gender Ombud of the Commission on Human Rights (CHR), in
consultation with trade unions, labor organizations, and employers’ representatives shall
within one (1) month after the effectivity of this Act conduct a review of the maternity
leave benefits of female workers in the government service and the private sector,
respectively. Thereafter, they shall include maternity leave benefits in their valuation
report conducted every four (4) years for the SSS and the DOLE and every three (3)
years for the CSC, or more frequently as may be necessary, with the end in view of
meeting the needs of pregnant women and newly-born infants, and improving their
welfare.

Section 18. Penalties. - Whoever fails or refuses to comply with the provisions of this
Act shall be punished by a fine of not less than Twenty thousand pesos (₱20,000.00)
nor more than Two hundred thousand pesos (₱200,000.00), and imprisonment of not
less than six (6) years and one (1) day nor more than twelve (12) years or both. If the
act or omission penalized by this Act shall be committed by an association, partnership,
corporation, or any other institution, its managing head, directors, or partners shall be
liable to the penalties provided in this Act for the offense.

Failure on the part of any association, partnership, corporation, or private enterprise to


comply with the provisions of this Act shall be a ground for non-renewal of business
permits.

Applicable Provision:
Section 16. Non-Discrimination. - No employer whether in the public or private sector
shall discriminate against the employment of women in order to avoid the benefits
provided for in this Act.
Government Procurement Act (R.A. No. 9184)

Applicable Provision:
Sec. 3. Governing Principles on Government Procurement
Article V Sec. 10. Competitive Bidding
Article VIII Sec. 23. Eligibility Requirement for the Procurement of goods and
Infrastructure Projects
Article XI Sec. 41. Reservation Clause
Article XVII Protest Mechanism
Applicable Provision:
Sec. 3. Governing Principles on Government Procurement
Article V Sec. 10. Competitive Bidding
Article VIII Sec. 23. Eligibility Requirement for the Procurement of goods and
Infrastructure Projects
Article XI Sec. 41. Reservation Clause
Article XVII Protest Mechanism
Applicable Provisions:
Sec. 3. Governing Principles on Government Procurement
Article V Sec. 10. Competitive Bidding
Article VIII Sec. 23. Eligibility Requirement for the Procurement of goods and
Infrastructure Projects
Article XI Sec. 41. Reservation Clause
Article XI Sec. 42. Contract Implementation and Termination - The rules and
guidelines for the implementation and termination of contracts awarded pursuant to the
provisions of this Act shall be prescribed in the IRR. The rules and guidelines shall
include
standard general and special conditions for contracts.
Article XVII Protest Mechanism

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