- Statute
- Philippine Civil Code
- Article
- Art. 1709
- Topic
- Work and Labor
- Status
- In force, as amended
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VIII LEASE
- Chapter
- CHAPTER 3 Work and Labor
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The employer shall neither seize nor retain any tool or other articles belonging to the laborer.
Intellegal Wiki · In plain terms
The employer may neither seize nor retain any tool or other article belonging to the worker. The provision protects the worker's own property — including the implements he needs to work elsewhere — from being held as security against him, and it applies whatever the employer's claim may be; the remedy for a debt or a dispute lies elsewhere. It sits among the Civil Code's provisions on labor, which Article 1700 declares are impressed with public interest and which apply supplementarily to the Labor Code.
An editorially maintained plain-language explanation of this provision — not legal advice.
Note on current application: the primary law governing labor relations is the Labor Code (Presidential Decree No. 442); this Civil Code provision applies supplementarily.
Cases applying this article
- Gutierrez Hermanos v. Engracio Orense G.R. No. 9188
Related provisions in this Chapter
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Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.