Renumbering of the Labor Code

Department Advisory No. 01, Series of 2015 Published update 19 Oct 2026 90

DEPARTMENT ADVISORY NO. 01,

Series of 2015 Renumbering of the Labor Code of the Philippines, as Amended

Edition note. This is DOLE Department Advisory No. 01, series of 2015, "Renumbering of the Labor Code of the Philippines, as Amended," dated July 21, 2015. It contains the advisory and its matrix of old and renumbered articles. Article titles and repeal notes are as of 2015; this is not a current consolidation of every article.

The source's unusual titles, including “Medical Services” (191), “Liability” (192) and “Refusal of Examination or Treatment” (194), are retained. Footnotes 5 and 6 also retain the source's historical dates and revival descriptions. RA No. 10396, section 1, inserted mandatory conciliation in old Article 228, corresponding to new Article 234; new Article 235 remains “Issuance of Subpoenas.” RA No. 10741, section 3, subsequently adopted the 213/215 to 220/222 numbering for its amendments. Later laws and implementing rules must be read with the relevant Code provision.

Pursuant to Article 5 of P.D. 442, as amended, and in view of the enactment of Republic Act No. 10151, An Act Allowing The Employment of Night Workers Thereby Repealing Articles 130 and 131 of Presidential Decree Number Four Hundred Forty-Two, As Amended, Otherwise Known as The Labor Code of the Philippines, with the effect of renumbering subsequent articles starting from Book Four, Title I, Chapter I of Presidential Decree No. 442 and considering the numerous piece-meal amendments to the Code since its promulgation in 1974, the Department hereby issues the renumbered Labor code of the Philippines, as amended.

The comparative matrix of the old and renumbered provisions of the Labor Code of the Philippines, as amended is as follows:

Renumbered Labor Code	Old	TITLE
PRELIMINARY TITLE
CHAPTER I. GENERAL PROVISION
1	1	Name of Decree
2	2	Date of Effectivity
3	3	Declaration of Basic Policy
4	4	Construction in Favor of Labor
5	5	Rules and Regulations

6	6	Applicability
CHAPTER II. EMANCAPATION OF TENANTS
7	7	Statement of Objectives
8	8	Transfer of Lands to Tenant-Workers
9	9	Determination of Land Value
10	10	Conditions of Ownership
11	11	Implementing Agency
BOOK ONE: PRE-EMPLOYMENT
12	12	Statement of Objectives
TITLE I- RECRUITMENT AND PLACEMENT OF WORKERS
CHAPTER I. GENERAL PROVISIONS
13	13	Definitions
14	14	Employment Promotion
15	15	Bureau of Employment Services
16	16	Private Recruitment
17	17	Overseas Employment Development Board
18	18	Ban on Direct Hiring
19	19	Office of Emigrant Affairs
20	20	National Seamen Board
21	21	Foreign Service Role and Participation
22	22	Mandatory Remittance of Foreign Exchange Earnings
23	23	Composition of the Boards
24	24	Boards to Issue Rules and Collect Fees.

CHAPTER II.REGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIES
25	25	Private Sector Participation in the Recruitment and Placement of Workers
26	26	Travel Agencies Prohibited to Recruit
27	27	Citizenship Requirement
28	28	Capitalization
29	29	Non-Transferability of License or Authority
30	30	Registration Fees
31	31	Bonds
32	32	Fees to be Paid by Workers
33	33	Reports on Employment Status
34	34	Prohibited Practices
35	35	Suspension and/or Cancellation of License or Authority
CHAPTER III.MISCELLANEOUS PROVISIONS
36	36	Regulatory Power
37	37	Visitorial Power
38	38	Illegal Recruitment
39	39	Penalties
TITLE II-EMPLOYMENT OF NON-RESIDENT ALIENS
40	40	Employment Permit of Non-Resident Aliens
41	41	Prohibition Against Transfer of Employment
42	42	Submission of List

BOOK TWO-HUMAN RESOURCES DEVELOPMENT PROGRAM
TITLEI-NATIONAL MANPOWER DEVELOPMENT PROGRAM
CHAPTER I. NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIR IMPLEMENTATION
43	43	Statement of Objective
44	44	Definitions
45	45	National Manpower and Youth Council; Composition
46	46	National Manpower Plan
47	47	National Manpower Skills Center
48	48	Establishment and Formulation of Skills standards
49	49	Administration of Training Programs
50	50	Industry Boards
51	51	Employment Service Training Functions
52	52	Incentive Scheme
53	53	Council Secretariat
54	54	Regional Manpower Development Offices
55	55	Consultants and Technical Assistance, Publication and Research
56	56	Rules and Regulations
TITLE II-TRAINING AND EMPLOYMENT OF SPECIAL WORKERS
CHAPTER I. APPRENTICES
57	57	Statement of Objectives
58	58	Definition of Terms

59	59	Qualifications of Apprentice
60	60	Employment of Apprentices
61	61	Contents of Apprenticeship Agreements
62	62	Signing of Apprenticeship Agreement
63	63	Venue of Apprenticeship Programs
64	64	Sponsoring of Apprenticeship Program
65	65	Investigation of Violation of Apprenticeship Agreement
66	66	Appeal to the Secretary of Labor and Employment
67	67	Exhaustion of Administrative Remedies
68	68	Aptitude Testing of Applicants
69	69	Responsibility for Theoretical Instruction
70	70	Voluntary Organizations of Apprenticeship Programs; Exemptions
71	71	Deductibility of Training Costs
72	72	Apprentices Without Compensation
CHAPTER II. LEARNERS
73	73	Learners Defined
74	74	When Learners May be Hired
75	75	Learnership Agreement
76	76	Learners in Piecework
77	77	Penalty Clause

CHAPTER III. HANDICAPPED WORKERS
78	78	Definition
79	79	When Employable
80	80	Employment Agreement
81	81	Eligibility for Apprenticeship
BOOK THREE-CONDITIONS OF EMPLOYMENT
TITLEI-WORKING CONDITIONS AND REST PERIODS
CHAPTER I.HOURS OF WORK
82	82	Coverage
83	83	Normal Hours of Work
84	84	Hours Worked
85	85	Meal Periods
86	86	Night-shift Differential
87	87	Overtime Work
88	88	Undertime Not Offset by Overtime
89	89	Emergency Overtime Work
90	90	Computation of Additional Compensation
CHAPTER II.WEEKLY REST PERIODS
91	91	Right to Weekly Rest Day
92	92	When Employer May Require Work on a Rest Day
93	93	Compensation for Rest Day, Sunday, or Holiday Work
CHAPTER III.HOLIDAYS, SERVICE INCENTIVE LEAVES, AND SERVICE CHARGES
94	94	Right to Holiday Pay

95	95	Right to Service Incentive Leave
96	96	Service Charges
TITLE II-WAGES
CHAPTER I. PRELIMINARY MATTERS
97	97	Definitions
98	98	Application of Title
CHAPTER II. MINIMUM WAGE RATES
99	99	Regional Minimum Wages
100	100	Prohibition Against Elimination or Diminution of Benefits
101	101	Payment by Results
CHAPTER III. PAYMENT OF WAGES
102	102	Forms of Payment
103	103	Time of Payment
104	104	Place of Payment
105	105	Direct Payment of Wages
106	106	Contractor or Subcontractor
107	107	Indirect Employer
108	108	Posting of Bond
109	109	Solidary Liability
110	110	Worker Preference in Case of Bankruptcy
111	111	Attorney's Fees.
CHAPTER IV. PROHIBITIONS REGARDING WAGES
112	112	Non-Interference in Disposal of Wages
113	113	Wage Deduction

114	114	Deposits for Loss or Damage
115	115	Limitations
116	116	Withholding of Wages and Kickbacks Prohibited
117	117	Deduction to Ensure Employment
118	118	Retaliatory Measures
119	119	False Reporting
CHAPTER V.WAGE STUDIES, WAGE AGREEMENTS AND WAGE DETERMINATION
120	120	Creation of National Wages and Productivity Commission
121	121	Powers and Functions of the Commission
122	122	Creation of Regional Tripartite Wages and Productivity Boards
123	123	Wage Order
124	124	Standards/Criteria for Minimum Wage Fixing
125	125	Freedom to Bargain
126	126	Prohibition Against Injunction
127	127	Non-Diminution of Benefits
CHAPTER VI. ADMINISTRATION AND ENFORCEMENT
128	128	Visitorial and Enforcement Power
129	129	Recovery of Wages, Simple Money Claims and Other Benefits

TITLE III. WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES
CHAPTER I. EMPLOYMENT OF WOMEN
	130	Repealed (Nightwork Prohibition)¹
	131	Repealed (Exceptions)²
130	132	Facilities for Women
131	133	Maternity Leave Benefits
132	134	Family Planning Services; Incentives for Family Planning
133	135	Discrimination Prohibited
134	136	Stipulation Against Marriage
135	137	Prohibited Acts
136	138	Classification of Certain Women Workers
CHAPTER II. EMPLOYMENT OF MINORS
137	139	Minimum Employable Age
138	140	Prohibition Against Child Discrimination
CHAPTER III. EMPLOYMENT OF HOUSEHELPERS³ (Repealed by R.A. No. 10361)
139	141	Coverage

Repealed by Republic Act No. 10151, June 21, 2011.

Sec. 44 (Repealing Clause), Art. X (Final Provisions) of R.A. No. 10361 provides: "All articles or provisions of Chapter III (Employment of Househelpers) of P.D. No. 442, as amended and renumbered by R.A. No. 10151 are hereby expressly repealed. All laws, decrees, executive orders, issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly."

140	142	Contract of Domestic Service
141	143	Minimum Wage
142	144	Minimum Cash Wage
143	145	Assignment to Non-Household Work
144	146	Opportunity for Education
145	147	Treatment of Househelpers
146	148	Board, Lodging and Medical Attendance
147	149	Indemnity for Unjust Termination of Services
148	150	Service of Termination Notice
149	151	Employment Certification
150	152	Employment Record
CHAPTER IV. EMPLOYMENT OF HOMEWORKERS
151	153	Regulation of Industrial Homeworkers
152	154	Regulations of Secretary of Labor
153	155	Distribution of Homework
CHAPTER V. EMPLOYMENT OF NIGHT WORKERS⁴ (Inserted by R.A. No. 10151)
154		Coverage
155		Health Assessment
156		Mandatory Facilities
157		Transfer
158		Women Night Workers

Inserted by R.A. No. 10151, "An Act Allowing the Employment of Night Workers, Thereby Repealing Articles 130 and 131 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines"

159		Compensation
160		Social Services
161		Night Work Schedules
BOOK FOUR-HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS
TITLEI- MEDICAL, DENTAL AND OCCUPATIONAL SAFETY
CHAPTER I-MEDICAL AND DENTAL SERVICES
162	156	First-Aid Treatment
163	157	Emergency Medical and Dental Services
164	158	When Emergency Hospital Not Required
165	159	Health Program
166	160	Qualifications of Health Personnel
167	161	Assistance of Employer
CHAPTER II-OCCUPATIONAL HEALTH AND SAFETY
168	162	Safety and Health Standards
169	163	Research
170	164	Training Programs
171	165	Administration of Safety and Health Laws
TITLE II-EMPLOYEES COMPENSATION AND STATE INSURANCE FUND
CHAPTER I- POLICY AND DEFINITIONS
172	166	Policy
173	167	Definition of Terms
CHAPTER II- COVERAGE AND LIABILITY
174	168	Compulsory Coverage

175	169	Foreign Employment
176	170	Effective Date of Coverage
177	171	Registration
178	172	Limitation of Liability
179	173	Extent of Liability
180	174	Liability of Third Party/ies
181	175	Deprivation of the Benefits
CHAPTER III- ADMINISTRATION
182	176	Employees Compensation Commission
183	177	Powers and Duties
184	178	Management of Funds
185	179	Investment of Funds
186	180	Settlement of Claims
187	181	Review
188	182	Enforcement of Decisions
CHAPTER IV-CONTRIBUTIONS
189	183	Employers' Contributions
190	184	Government Guarantee
CHAPTER V- MEDICAL BENEFITS
191	185	Medical Services
192	186	Liability
193	187	Attending Physician
194	188	Refusal of Examination or Treatment
195	189	Fees and Other Charges
196	190	Rehabilitation Services

CHAPTER VI-DISABILITY BENEFITS
197	191	Temporary Total Disability
198	192	Permanent Total Disability
199	193	Permanent Partial Disability
CHAPTER VII - DEATH BENEFITS
200	194	Death
CHAPTER VIII-PROVISIONS COMMON TO INCOME BENEFITS
201	195	Relationship and Dependency
202	196	Delinquent Contributions
203	197	Second Injuries
204	198	Assignment of Benefits
205	199	Earned Benefits
206	200	Safety Devices
207	201	Prescriptive Period
208	202	Erroneous Payment
209	203	Prohibition
210	204	Exemption from Levy, Tax, etc.
CHAPTER IX- RECORDS, REPORTS AND PENAL PROVISIONS
211	205	Record of Death or Disability
212	206	Notice of Sickness, Injury or Death
213	207	Penal Provisions
214	208	Applicability
215	208-A	Repeal
TITLE III- MEDICARE
216	209	Medical Care

TITLE IV - ADULT EDUCATION
217	210	Adult Education
BOOK FIVE-LABOR RELATIONS
TITLE I-POLICY AND DEFINITIONS
CHAPTER I-POLICY
218	211	Declaration of Policy
CHAPTER II- DEFINITIONS
219	212	Definitions
TITLE II-NATIONAL LABOR RELATIONS COMMISSION
CHAPTER I-CREATION AND COMPOSITION
220	213	National Labor Relations Commission
221	214	Headquarters, Branches, and Provincial Extension Units
222	215	Appointment and Qualifications
223	216	Salaries, Benefits and Other Emoluments
CHAPTER II- POWERS AND DUTIES
224	217	Jurisdiction of the Labor Arbiters and the Commission
225	218	Powers of the Commission
226	219	Ocular Inspection
	220⁵	Repealed (Compulsory Arbitration)

Repealed by Section 16, Batas Pambansa Bilang 130, August 21, 1981. Reinserted by reason of Republic Act No. 10396, "An Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for all Labor Cases, amending for this Purpose Article 228 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines", approved March 14, 2013.

227	221	Technical Rules not Binding and Prior Resort to Amicable Settlement
228	222	Appearances and Fees
Chapter III-APPEAL
229	223	Appeal
230	224	Execution of Decisions, Orders, or Awards
231	225	Contempt Powers of the Secretary
TITLE III-BUREAU OF LABOR RELATIONS
232	226	Bureau of Labor Relations
233	227	Compromise Agreements
234	228⁶	Repealed (Indorsement of Cases to Labor Arbiters)
		Mandatory Conciliation and Endorsement of Cases⁷
235	229	Issuance of Subpoenas
236	230	Appointment of Bureau Personnel
237	231	Registry of Unions and File of Collective Bargaining Agreements
238	232	Prohibition on Certification Election
239	233	Privileged Communication

Repealed by Section 16, Batas Pambansa Bilang 130, August 21, 1998. But revived by Republic Act No. 10396.

Inserted by R.A. No. 10396, "An Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor Cases, amending for this Purpose Article 228 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines"

TITLE IV- LABOR ORGANIZATION
CHAPTER I-REGISTRATION AND CANCELLATION
240	234	Requirements of Registration
241	234-A⁸	Chartering and Creation of a Local Chapter
242	235	Action on Application
243	236	Denial of Registration; Appeal
244	237	Additional Requirements for Federations or National Unions
245	238	Cancellation of Registration
246	238-A⁹	Effect of a Petition for Cancellation of Registration
247	239	Grounds for Cancellation of Union Registration
248	239-A¹⁰	Voluntary Cancellation of Registration
249	240	Equity of the Incumbent
CHAPTER II-RIGHTS AND CONDITIONS OF MEMBERSHIP
250	241	Rights and Conditions of Membership in a Labor Organization
CHAPTER III- RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS
251	242	Rights of Legitimate Labor Organizations
252	242-A¹¹	Reportorial Requirements

Amended by Section 1 of Republic Act No. 9481 (2007), "An Act Strengthening the Workers' Constitutional Right to Self-Organization, Amending for the Purpose Presidential Decree No. 442, As Amended, Otherwise Known as the Labor Code of the Philippines"

As inserted by Section 4 of Republic Act No. 9481.

As inserted by Section 6 of Republic Act No. 9481.

TITLE V-COVERAGE
253	243	Coverage and Employees' Right to Self-Organization
254	244	Right of Employees in the Public Service
255	245	Ineligibility of Managerial Employees to Join any Labor Organization; Right of Supervisory Employees
256	245-A¹²	Effect of Inclusion as Members of Employees Outside the Bargaining Unit
257	246	Non-Abridgment of Right to Self-Organization
TITLE VI- UNFAIR LABOR PRACTICES
CHAPTER I- CONCEPT
258	247	Concept of Unfair Labor Practice and Procedure for Prosecution Thereof
Chapter II-UNFAIR LABOR PRACTICES OF EMPLOYERS
259	248	Unfair Labor Practices of Employers
CHAPTER III- UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
260	249	Unfair Labor Practices of Labor Organizations
TITLE VII-COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS
261	250	Procedure in Collective Bargaining

As inserted by Section 7 of Republic Act No. 9481.

As inserted by Section 9 of Republic Act No. 9481.

262	251	Duty to Bargain Collectively in the Absence of Collective Bargaining Agreements
263	252	Meaning of Duty to Bargain Collectively
264	253	Duty to Bargain Collectively When There Exists a Collective Bargaining Agreement
265	253-A¹³	Terms of a Collective Bargaining Agreement
266	254	Injunction Prohibited
267	255	Exclusive Bargaining Representation and Workers' Participation in Policy and Decision-Making
268	256	Representation Issue in Organized Establishments
269	257	Petitions in Unorganized Establishments
270	258	When an Employer May File Petition
271	258-A	Employer as Bystander
272	259	Appeal From Certification Election Orders
TITLE VII-A-GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION
273	260	Grievance Machinery and Voluntary Arbitration
274	261	Jurisdiction of Voluntary Arbitrators or Panel of Voluntary Arbitrators

As amended by Section 21, Republic Act No. 6715, March 21, 1989.

275	262	Jurisdiction over other Labor Disputes
276	262-A	Procedures
277	262-B	Cost of Voluntary Arbitration and Voluntary Arbitrator's Fee
TITLE VIII - STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES
CHAPTER I-STRIKES AND LOCKOUTS
278	263	Strikes, Picketing, and Lockouts
279	264	Prohibited Activities
280	265	Improved Offer Balloting
281	266	Requirement for Arrest and Detention
CHAPTER II-ASSISTANCE TO LABOR ORGANIZATIONS
282	267	Assistance by the Department of Labor
283	268	Assistance by the Institute of Labor and Manpower Studies
CHAPTER III-FOREIGN ACTIVITIES
284	269	Prohibition Against Aliens; Exceptions
285	270	Regulations of Foreign Assistance
286	271	Applicability to Farm Tenants and Rural Workers
CHAPTER IV-PENALTIES FOR VIOLATION
287	272	Penalties
TITLE IX- SPECIAL PROVISIONS
288	273	Study of Labor- Management Relations
289	274	Visitorial Power
290	275	Tripartism and Tripartite Conferences, and Tripartite Industrial Peace Councils

291	276	Government Employees
292	277	Miscellaneous Provisions
BOOK SIX-POST-EMPLOYMENT
TITLE I-TERMINATION OF EMPLOYMENT
293	278	Coverage
294	279	Security of Tenure
295	280	Regular and Casual Employment
296	281	Probationary Employment
297	282	Termination by Employer
298	283	Closure of Establishment and Reduction of Personnel
299	284	Disease as Ground for Termination
300	285	Termination by Employee
301	286	When Employment not Deemed Terminated
TITLE II-RETIREMENT FROM THE SERVICE
302	287	Retirement
BOOK SEVEN - TRANSITORY AND FINAL PROVISIONS
TITLE I-PENAL PROVISIONS AND LIABILITIES
303	288	Penalties
304	289	Who are Liable When Committed by Other Than Natural Person

14 As amended by Section 1 of R.A. 10395, "An Act Strengthening Tripartism, amending for the purpose Article 275 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines."

TITLE II-PRESCRIPTION OF OFFENSES AND CLAIMS
305	290	Offenses
306	291	Money Claims
307	292	Institution of Money Claims
TITLE III- TRANSITORY AND FINAL PROVISIONS
308	293	Application of Law Enacted Prior to this Code
309	294	Secretary of Labor to Initiate Integration of Maternity Leave Benefits
310	295	Funding of the Overseas Employment Development Board and National Seamen's Board
311	296	Termination of the Workmen's Compensation Program
312	297	Continuation of Insurance Policies and Indemnity Bonds
313	298	Abolition of the Court of Industrial Relations and the National Labor Relations Commission
314	299	Disposition of Pending Cases
315	300	Personnel Whose Services are Terminated
316	301	Separability Provisions
317	302	Repealing Clause

Attached herewith is a copy of the full text of the renumbered Labor Code of the Philippines, as amended.

Please be guided accordingly.

ROSALINDA DIMAPILIS-BALDOZ

Secretary

21 July 2015

Renumbering of the Labor Code

DEPARTMENT ADVISORY NO. 01,

Out of LX Credits