Saint Mary’s University

School of Engineering, Architecture and Information Technology

Bayombong, Nueva Vizcaya

PART II – THE PHILIPPINE LABOR CODE (PD 442 as amended)

BASIC RIGHTS OF WORKERS

A. Employment

The state shall protect labor, promote full employment, equal work opportunity regardless of gender, race or creed,
and regulate employer – employee relations. Male and female workers are entitled to equal compensation for work
of equal value and to equal access to promotion and training opportunities. Discrimination against female
employees is unlawful. It is also unlawful for employer to require that a woman employee shall not get married or
to expressly or tacitly that a woman employee shall be deemed dismissed upon marriage.

Note: it is clear that there must be no discrimination against women even if the work/job requires the strength of a
man, kung kaya naman ng mga babae, dapat pati sila ay pagtrabahuin in that job. During the old times, sinasabi
nila na ang Civil Engineering for example is dapat for male lang since it requires going on the field. Sa amin nga
noon, ang mga babaeng nasa CE is 1 or 2 out of 50 students at yung dalawa pang babae nay un is tomboy pa or
lalaki kung gumalaw. But it changes over time, katulad sa inyo ngayon na halos 50% babae, 50% lalaki na ang mga
nageenroll. Sa Korea and Japan is naghihire na rin sila ng mga babaeng welder, mason, foreman at construction
workers.

The minimum age of employment is 18 years for hazardous jobs and 15 years for non-hazardous jobs. But a child
below 15 years may be employed by parents or guardians in a non-hazardous job if the employment does not
interfere with the child’s schooling.

Note: pwede kang makasuhan if you are a contractor at nalaman ng DOLE na ang mga workers mo is a violation of
the age requirements. Non-hazardous jobs yung mga trabahong hindi na nagnangailangan pa ng safety equipments
like for example is cook or katulong. Hazardous jobs yung mga nangangailangan ng Protective Equipments or safety
protocols katulad ng construction and health tulad ng mga doctors ngayon sa hospital na kailangan naka Personal
Protective Equipment (PPE) para hindi mahawaan ng Covid.

Employment is regular when employee has been engaged to perform activity which are usually necessary or
desirable in the usual business or trade of the employer, unless the employment is fixed for a specific project or
undertaking otherwise it is deemed casual provided it does not exceed 1 year, whether continuous or broken after
which the employment shall be deemed regular.

Probationary employment shall not exceed 6 months from the date the employee started working unless covered
by apprenticeship agreement stipulating a longer period.

Note: heto yung pinupuna ng mga karamihan na meron daw butas sa batas na ito. Nakasaad sa batas na dapat pag
naghire ka ng casual or probational, hindi dapat magexceed ng 6 months, after 6 months dapat maging regular na
ang isang worker. Ang ginagawa ngayon ng ibang kumpanya is after 6 months, pinagpapahinga muna nila yung
mga trabahador nila and then after a certain days, is ihihire ulit nila as probational para hindi maging regular yung
kanilang worker. Pagka regular kasi ang isang worker is entitled na siya sa iba’t ibang benefits comparing sa
probational na sahod lang, walang ibang benefits.

Any alien seeking employment in the Philippines or any domestic or foreign employer who desires to employ an
alien in the Philippines shall obtain a permit from DOLE. The employment permit may be issued to a non-resident
alien or to the applicant employer after determination of non-availability of a person in the Philippines who is

1|CE – 318 Prepared By: Engr. Juniffen I. Tacadena

 Saint Mary’s University
School of Engineering, Architecture and Information Technology
Bayombong, Nueva Vizcaya

competent, able and willing at the time of application to perform the services for which the alien is desired. The
alien shall not transfer to another job or change his employer without prior approval of the Secretary of Labor and
Employment. The non-resident alien worker and the employer shall bind themselves to train at least two Filipino
understudies.

Note: so kahit taga ibang bansa pwedeng magtrabaho dito as long as approved ng DOLE. Example of this kung
naririnig niyo is yung mga POGO workers who are very controversial nowadays.

For an enterprise registered in preferred areas of investments, said employment permit may be issued upon the
recommendation of the government agency charged with the supervision of said registered enterprise.

For employment of workers in the construction industry, the guidelines based on Department Order No. 19 s 1993
are as follows:

a. Project employees are those employed in connection with a particular construction project or phase
thereof and whose employment is co-terminus with each project or phase of the project. His
employment has a determined duration and specific work as defined by an employment agreement, and
is free to offer his services to other employers while not employed and waiting engagement.

Note: when we say co-terminus is project based siya. Saka lang magsisimula ang kanyang employment kapag
nagsimula na yung project and pag natapos na yung project, tapos na rin yung kanyang employment. Sabay na
magteterminate ang kanyang employment dun sa termination ng project.

b. Upon completion of the project, the project employee may be rehired for another undertaking. The last
day of service with the employer in the preceding project should be indicated in the employment
agreement.

Note: after the termination of the project, pwede pa rin siyang irehire to another project which is ganun ulit, sabay
nanamang matatapos ang kanyang employment dun sa project.

c. Non-project employees are those employed without reference to any particular construction project or
phase of a project.

• Probationary Employees – are those upon completion of the probationary period are entitled to
regularization. Probationary period shall not exceed 6 months.

• Regular employees – are those appointed as such or those who have completed the probationary
period or those appointed to fill up regular position vacated as a result of death, retirement,
resignation or termination of regular holders thereof.

• Casual employees – are those appointed to perform work not related to the main line of business
of the employer. Where they are employed for at least 1 year, whether continuous or broken, shall
be considered regular with regards to the activity for in which they are employed and their
employment is terminated by the employer sooner for a just or authorized caused, or voluntarily
by the employer.

2|CE – 318 Prepared By: Engr. Juniffen I. Tacadena

 Saint Mary’s University
School of Engineering, Architecture and Information Technology
Bayombong, Nueva Vizcaya

d. Project employees who have become regular shall enjoy security of tenure and separation pay unless
they are terminated with just cause.

Note: kung regular na ang isang worker is entitle na siya for security of tenure. Ibig sabihin hindi na siya maaaring
tanggalin ng basta-basta without due process and valid reason.

e. Project employees are entitled to a completion bonus if there is an undertaking for such bonus. Where
there is no such undertaking, the employee may be considered a non-project employee. The pro-rata
completion bonus is at least ½ month salary for every 12 months service.

f. Trade unions in the construction industry are encouraged by DOLE.

B. Security of Tenure

Security of Tenure – every employee shall be secured of tenure. No employee can be dismissed from except for a
just or authorized cause, and only after due process.

Just Cause – refers to any wrong doing committed by an employee including:

1. Serious misconduct
2. Willful disobedience of employer’s lawful orders connected with work
3. Gross and habitual neglect of duties
4. Fraud or willful breach of trust
5. Commission of crime or offense against the employer, employer’s family member/s or representative
6. Other analogous cases

Authorized Cause – refers to an economic circumstance not due to the employer’s fault including:
1. Introduction of labor-saving devices
2. Redundancy
3. Retrenchment to prevent losses
4. Closure or cessation of business

Due Process – in cases of just cause involves:

1. Notice to employee of intent to dismiss and grounds for dismissal
2. Opportunity for employee to explain his or her side
3. Notice of decision to dismiss

In authorized cases, due process means written notice of dismissal to the employee specifying the grounds, at least
30 days before the date of termination.

The inability of the probationary employee to meet the employer’s prescribed standards of performance made
known to him or her at the time of hiring is also a just cause of dismissal.

3|CE – 318 Prepared By: Engr. Juniffen I. Tacadena