Further Amending Certain Articles of Presidential Decree No. 442 Entitled ''Labor Code of the Philippines''

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Further Amending Certain Articles of Presidential Decree No. 442 Entitled ''Labor Code of the Philippines''

Presidential Decree No. 626

December 27, 1974

Case Overview and Summary

Summary of Presidential Decree No. 626

Policy and Definitions (Art. 164-165):
- Promotes a tax-exempt employees' compensation program for work-related disability or death.
- Defines key terms like "employee", "employer", "disability", "compensation", "wages", etc.

Coverage and Liability (Art. 166-173):
- Compulsory coverage for employers and employees not over 60 years old. (Art. 166)
- Covers Filipino employees employed abroad. (Art. 167)
- Effective date of coverage is the first day of operation for employers and date of employment for employees. (Art. 168)
- Employers and employees must register with the System. (Art. 169)
- Limits liability of the State Insurance Fund, excluding cases like intoxication, willful injury, etc. (Art. 170)
- Liability is exclusive and bars recovery of benefits from other laws during the payment period. (Art. 171)
- Allows subrogation of rights against third parties liable for disability or death. (Art. 172)
- Prohibits contracts depriving employees of benefits. Existing medical services must be maintained. (Art. 173)

Administration (Art. 174-180):
- Creates the Employees' Compensation Commission to initiate and coordinate policies. (Art. 174)
- Powers and duties of the Commission include assessing contribution rates, approving rules, initiating safety programs, etc. (Art. 175)
- Funds to be deposited, invested, and disbursed like other SSS/GSIS funds. Up to 12% can be used for operational expenses. (Art. 176-177)
- The System has jurisdiction over disputes, subject to appeal to the Commission. (Art. 178)
- Decisions of the Commission can be reviewed by the Supreme Court on questions of law. (Art. 179)
- Decisions of the Commission become final and executory if no appeal is made within 10 days. (Art. 180)

Contributions (Art. 181-182):
- Employers must contribute 1% of the employee's monthly salary credit. (Art. 181)
- Contribution rates may be revised based on risk, cost, and losses.
- Contributions must be paid entirely by the employer. (Art. 181)
- The Republic of the Philippines guarantees the benefits and solvency of the State Insurance Fund. (Art. 182)

Medical Benefits (Art. 183-188):
- The System shall provide medical services, appliances, and rehabilitation during the employee's disability period. (Art. 183)
- The System can choose or change the physician, hospital, or rehabilitation facility. (Art. 184)
- Attending physicians must comply with regulations and submit reports. (Art. 185)
- The System can stop payment if the employee unreasonably refuses examination or treatment. (Art. 186)
- Fees and charges shall not be higher than prevailing rates, subject to regulations. (Art. 187)
- The System shall establish a rehabilitation program for injured and handicapped employees. (Art. 188)

Disability Benefits (Art. 189-191):
- Temporary total disability: 90% of average daily salary credit, max. 120 days, min. PHP 2.50, max. PHP 16 per day. (Art. 189)
- Permanent total disability: 45-63% of average monthly salary credit, min. PHP 45 per month, max. PHP 12,000 total. (Art. 190)
- Permanent partial disability: same as permanent total disability, paid for a specified period based on the type of disability. (Art. 191)

Death Benefits (Art. 192):
- Primary beneficiaries receive a monthly income benefit equivalent to permanent total disability benefit plus 10% for each dependent child, up to 5 children. (Art. 192)
- If no primary beneficiary, a lump sum of 30x monthly income benefit or PHP 6,000, whichever is less, is paid to beneficiaries or legal heirs. (Art. 192)

Provisions Common to Income Benefits (Art. 193-202):
- Relationship and dependency determined at the time of death. (Art. 193)
- Delinquent employers liable for benefits paid and subject to a lien on property. (Art. 194)
- Provisions for second injuries, assignment of benefits, earned benefits, and safety device penalties. (Art. 195-198)
- Prescriptive period of 1 year from notice to employer. (Art. 199)
- Provisions for erroneous payments and prohibition of fees for claim preparation. (Art. 200-201)
- The State Insurance Fund and assets are exempt from taxes, fees, and duties. (Art. 202)

Records, Reports, and Penal Provisions (Art. 203-206):
- Employers must keep a logbook of employee sickness, injury, or death and report work-related contingencies to the System. (Art. 203)
- Notice of contingency must be given to the employer within 5 days. (Art. 204)
- Penal provisions for fraud, falsification, misrepresentation, and other anomalies related to benefits. (Art. 205)
- The law applies to injury, sickness, disability, or death occurring on or after January 1, 1975. (Art. 206)

Amendments to Other Articles:
- Amends Article 331 on the prescription period for money claims. (Section 3)
- Amends Article 336 on the Bureau of Workmen's Compensation and Workmen's Compensation Commission. (Section 4)
- Amends Article 339 on the disposition of pending cases. (Section 5)
- Renumbers the Articles of the Labor Code consecutively. (Section 6)

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Executive Issuances

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Further Amending Certain Articles of Presidential Decree No. 442 Entitled ''Labor Code of the Philippines''

Presidential Decree No. 626

December 27, 1974

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 626 FURTHER AMENDING CERTAIN ARTICLES OF PRESIDENTIAL DECREE NO. 442 ENTITLED "LABOR CODE OF THE PHILIPPINES" WHEREAS, Presidential Decree No. 570-A amends certain provisions of Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, and Presidential Decree No. 608 extends the effectivity of Title II of Book IV on Employees' Compensation and State Insurance Fund and Title III of Book IV on Medicare of the same Code to January 1, 1975; WHEREAS, pending the effectivity of said Titles, the Social Security System, Government Service Insurance System, Philippine Medical Care Commission, and the Department of Labor have utilized the transition period for intensive study and consultations with labor organizations, employers' organizations, and civic, professional, and technical associations, representing the various sectors of the economy; WHEREAS, as a result of such discussions and consultations, it has found necessary to make adjustments in the text of the Labor Code to initiate, rationalize and coordinate the grant of benefits with the broad objectives of the Code...
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Further Amending Certain Articles of Presidential Decree No. 442 Entitled ''Labor Code of the Philippines''

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Presidential Decrees

employees' compensation

state insurance fund

disability benefits

death benefits

medical benefits

contributions

coverage

exclusions

definitions

administration

penalties

labor code

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 626 FURTHER AMENDING CERTAIN ARTICLES OF PRESIDENTIAL DECREE NO. 442 ENTITLED "LABOR CODE OF THE PHILIPPINES" WHEREAS, Presidential Decree No. 570-A amends certain provisions of Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, and Presidential Decree No. 608 extends the effectivity of Title II of Book IV on Employees' Compensation and State Insurance Fund and Title III of Book IV on Medicare of the same Code to January 1, 1975; WHEREAS, pending the effectivity of said Titles, the Social Security System, Government Service Insurance System, Philippine Medical Care Commission, and the Department of Labor have utilized the transition period for intensive study and consultations with labor organizations, employers' organizations, and civic, professional, and technical associations, representing the various sectors of the economy; WHEREAS, as a result of such discussions and consultations, it has found necessary to make adjustments in the text of the Labor Code to initiate, rationalize and coordinate the grant of benefits with the broad objectives of the Code...
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Further Amending Certain Articles of Presidential Decree No. 442 Entitled ''Labor Code of the Philippines''