Text of the provision
Art. 108. Posting of bond. An employer or indirect employer may require the contractor or subcontractor to furnish a bond equal to the cost of labor under contract, on condition that the bond will answer for the wages due the employees should the contractor or subcontractor, as the case may be, fail to pay the same.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
An employer or indirect employer may require the contractor or subcontractor to post a bond equal to the cost of labor under the contract, which will answer for the wages due the employees if the contractor or subcontractor fails to pay them.
Questions about this provision
- Can an employer require its contractor to post a bond to guarantee wages?
- Can the company I'm assigned to require my manpower agency to post a bond to cover our wages?
Related provisions
- Article 107 — Indirect Employer.
- Article 109 — Solidary Liability.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.