Text of the provision
Art. 109. Solidary liability. The provisions of existing laws to the contrary notwithstanding, every employer or indirect employer shall be held responsible with his contractor or subcontractor for any violation of any provision of this Code. For purposes of determining the extent of their civil liability under this Chapter, they shall be considered as direct employers.
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
Despite any contrary law, every employer and indirect employer is responsible together with the contractor or subcontractor for any violation of this Code, and for measuring civil liability under this Chapter they are all treated as direct employers.
Questions about this provision
- Is the client company treated as my direct employer for liability purposes, even under a 'contractor setup'?
- Is the company I work at responsible if my staffing agency violates labor standards, not just unpaid wages?
Related provisions
- Article 108 — Posting Of Bond.
- Article 112 — Freedom To Spend Wages.
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.