Title
Employment of Homeworkers Regulations
Law
Dole Department Order No. 5
Decision Date
Feb 4, 1992
Department Order No. 005-92 establishes regulations and protections for homeworkers in the Philippines, including payment rates, dispute resolution processes, and the right to form organizations.
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Key Definitions

  • Industrial Homework: Production system carried out at home with little supervision; materials may or may not be furnished.
  • Industrial Homeworker: Worker engaged in industrial homework.
  • Home: Regular dwelling place excluding premises under employer’s direct supervision.
  • Employer: Person who delivers materials to be processed at home or sells materials for processing then repurchases them.
  • Contractor/Subcontractor: Person delivering goods to homeworkers for processing under employer's direction.
  • Processing: Manufacturing, fabricating, finishing, repairing, packing, or handling connected with production.
  • Cooperative: Registered association under the Cooperative Code.
  • Department: Department of Labor and Employment (DOLE).

Right to Self-Organization

  • Homeworkers can freely form, join, or assist any organization in accordance with the law.

Registration of Homeworkers' Organizations

  • Requirements include payment of a P55 fee, officer and member lists, meeting minutes, financial reports, and constitution/by-laws.
  • Organizations must have at least 20% membership of the bargaining unit.

Registration of Employers, Contractors, and Subcontractors

  • DOLE will coordinate with other agencies to align registration requirements and possibly adopt a common registration form.

Payment Procedures

  • Employer must pay homeworker or contractor immediately upon receiving finished goods.
  • Contributions for SSS, MEDICARE, and ECC premiums are deducted from homeworkers’ pay and remitted accordingly.

Establishment of Standard Rates

  • DOLE can set standard output or minimum rates via time and motion studies, agreements, or tripartite consultations.
  • Regional offices conduct studies; results are enforceable.
  • Non-compliance can be subject of complaints.

Wage Deductions

  • Deductions for lost/damaged materials allowed only if homeworker responsible, given chance to explain, amount reasonable and capped at 20% of weekly earnings.

Conditions on Payment

  • Employers may require one redo of improperly done work without additional pay.
  • No payment for work on returned goods due to homeworker's fault.

Enforcement Powers and Dispute Resolution

  • Regional Director can order compliance and resolve money claims up to P5,000.
  • Larger claims forwarded to National Labor Relations Commission.
  • Decisions of Regional Office are final.
  • Non-compliance subject to prosecution under Labor Code.

Duties and Liabilities of Employers, Contractors, and Subcontractors

  • Contracts must ensure payment according to this Rule.
  • Employers are jointly liable if contractors/subcontractors fail to pay.
  • Required to assist homeworkers in maintaining safe and healthful work conditions.

Employment of Minor Homeworkers

  • Governed by applicable provisions of the Labor Code and Child and Youth Welfare Code.

Prohibited Homework

  • No homework involving explosives, drugs/poisons, or toxic substances.

Technical Assistance Provided

  • DOLE Regional Office to assist homeworkers and employers on:
    • Wage information
    • Time and motion studies
    • Skills training
    • Workplace safety and health
    • Social security and compensation benefits
    • Loan facilitation
    • Housing program information

Relation to Other Regulations

  • This Rule does not reduce or withdraw existing benefits under any law, order, or policy.

Effectivity

  • Effective 15 days after publication in two newspapers of general circulation.

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