Philippine Best Training System

Macamot,Binagonan Rizal

Evaluation
 Introduction
The study aims to know about the legal rights of employees in the
private sector. Human rights are the basic rights and freedoms that
belong to every person in the world. They are based on important
principles like dignity, fairness, respect and equality. Your human rights
are protected by the law. If your employer is a public authority, they must
follow these principles. If you work in the public sector, it's unlawful for
your employer to violate your human rights. If your employer isn't a
public authority you can't make a claim against your employer for a
breach of your human rights. However, human rights law has been
incorporated into general employment law and applies to all employers,
like the right not to be discriminated against because of your sexuality,
for example .Any decision by an Industrial Tribunal must follow the
principles laid out in the Convention. Protection in the workplace Many of
the principles of human rights are designed to protect you as a worker
within the workplace. You have the right to a private and family life. So
an employer who discriminates against a gay worker, for example, may
be violating that worker's right to a private life. Your employer has the
right to monitor communications within the workplace as long as you're
aware of the monitoring before it takes place. Monitoring can cover
emails, internet access, telephone calls, data and images. You have the
right to see any information held about you, like emails or CCTV footage.
Your right to a private life means you have the right to some privacy in
the workplace. You can't be monitored everywhere. If your employer
doesn't respect this, they'll be breaching human rights law.

The second page of these paper defined about the legal rights of the
employees .The third section describe about
DEFINITIONS

Employees is a person who is hired to work for another person or business the
employer for compensation and is subject to the employer's direction as to the
details of how to perform the job. Employees are subject to payroll tax code
rules. It’s important to understand your workplace rights and responsibilities in
regards to pay and conditions, health and safety and workplace bullying. By law, your
employer is responsible for making sure your work environment is safe and providing
appropriate protective equipment if necessary workers are free from discrimination
and bullying you receive all your entitlements in terms of pay and conditions. As a
worker, you are responsible for understanding the conditions of your employment.
This includes knowing your rate of pay, working hours and entitlements to breaks
and leave working in a way that is not harmful to the health and safety of yourself or
others knowing what to do if you think your employer is not meeting their
responsibilities. Make sure you understand the conditions of your employment. This
includes your rate of pay, working hours and your entitlements for breaks, leave and
public holidays know your rights in regards to discrimination and bullying. Know what
to do if you experience or witness this in your workplace know the health and safety
requirements of your workplace. Know how to maintain a safe environment for
yourself and others have access to all of the appropriate safety gear and equipment.
Know what to do in the event of an accident know where to get help on workplace
health and safety issues relevant to your state or territory. To know your workplace
rights and responsibilities, understand the conditions of your employment and where
to get information when you need it.
LEGAL RIGHTS OF THE EMPLOYEES
The State shall protect labor, promote full employment, provide equal work
opportunity regardless of gender, race, or creed; and regulate employee-
employer relations. Male and female employees 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 an employer to require a condition of employment that a
woman employee shall not get married, or to stipulate expressly or tacitly that
a woman employee shall be deemed dismissed upon marriage. The minimum
age of employment is 18 years for hazardous jobs, and 15 years for non-
hazardous jobs. But a child below 15 maybe employed by parents or guardians
in a non-hazardous job if the employment does not interfere with the child's
schooling.

• Security of Tenure

Every employee shall be assured security of tenure. No employee can be

dismissed from work except for a just or authorized cause, and only after due
process.

Just Cause refers to any wrongdoing committed by an employee including:

1.serious misconduct

2.willful disobedience of employers' lawful orders connected with work

3.gross and habitual neglect of duty

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 case

Authorized Cause refers to an economic circumstance not due to the
employee's fault, including:

1.the 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 causes, 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 a 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 for dismissal.

• Work Days and Work Hours

Work Day refers to any day during which an employee is regularly required to
work. Hours of Work refer to all the time an employee renders actual work, or
is required to be on duty or to be at a prescribed workplace. The normal hours
of work in a day is 8 hours. This includes breaks or rest period of less than one
hour, but excludes meal periods, which shall not be less than one hour.

An employee must be paid his or her wages for all hours worked. If all or any
part of his or her regular work hours falls between 10:00 p.m. to 6:00 a.m., a
covered employee shall be entitled to a night shift pay in addition to his or her
pay for regular work hours. If he or she works for more than 8 hours in one
day, he or she shall be entitled to overtime pay.

• Weekly Rest Day

A day-off of 24 consecutive hours after 6 days of work should be scheduled by

the employer upon consultation with the workers.

• Wage and Wage-Related Benefits

Wage is the amount paid to an employee in exchange for a task, piece of

work, or service rendered to an employer. This includes overtime, night
differential, rest day, holiday and 13th month pay. It also includes the fair and
reasonable value of board, lodging and other facilities customarily furnished by
the employer.

Wage may be fixed for a given period, as when it is computed hourly, daily
or monthly. It may also be fixed for a specified task or result. If wage is for a
fixed period, the minimum wage for a regular 8-hour workday shall not be
lower than the minimum daily wage applicable to the place of work as
determined by the Regional Tripartite Wage and Productivity Board having
jurisdiction over workplace.

If wage is paid by result, the worker shall receive at least the prescribed
minimum wage for 8 hours of work. The amount may be increased or reduced
proportionately if work is rendered for more or less than 8 hours a day.

An employer cannot make any deduction from an employee's wage except

for insurance premiums with the consent of the employee, for union dues, or
for withholding taxes, SSS premiums and other deductions expressly
authorized by law.

• Payment of Wages

Wages shall be paid in cash, legal tender at or near the place of work.
Payment may be made through a bank upon written petition of majority of the
workers in establishments with 25 or more employees and within one (1) kilo
meter radius to a bank. Payment shall be made directly to the employees.
Wages shall be given not less than once every two (2) weeks or twice within a
month at intervals not exceeding 16 days.

• Employment of Women

Night work prohibition unless allowed by the Rules:

in industrial undertakings from 10PM to 6AM

in commercial/non-industrial undertakings from 12MN to 6AM

in agricultural undertakings, at night time unless given not less than 9

consecutive hours of rest

Welfare facilities must be installed at the workplace such as seats, separate

toilet rooms, lavatories, and dressing rooms. Prohibition against discrimination
with respect to pay (i.e. equal pay for work of equal value), promotion, training
opportunities, study and scholarship grants.

• Employment of Children

Minimum employable age is 15 years. A worker below 15 years of age should

be directly under the sole responsibility of parents or guardians; work does not
interfere with child's schooling/normal development.
 No person below 18 years of age can be employed in a hazardous or
deleterious undertaking.

• Safe Working Conditions

Employers must provide workers with every kind of on-the-job protection

against injury, sickness or death through safe and healthful working conditions.

Jobs may be hazardous or highly hazardous. Hazardous jobs are those which
expose the employee to dangerous environment elements, including
contaminants, radiation, fire, poisonous substances, biological agents and
explosives, or dangerous processes or equipment including construction,
mining, quarrying, blasting, stevedoring, mechanized farming and operating
heavy equipment. If you need further information on the provisions of the OSH
Standards, please click here (OSH Standards) and LCP, Book IV

• Right to Self-Organization and Collective Bargaining

The right to self-organization is the right of every worker, free of any

interference from the employer or from government, to form or join any
legitimate worker's organization, association or union of his or her own choice.
Except those classified as managerial or confidential employees, all employees
may form or join unions for purposes of collective bargaining and other
legitimate concerted activities. An employee is eligible for membership in an
appropriate union on the first day of his or her employment.
Collective Bargaining involves two parties:

1. the representative of the employer

2. a union duly authorized by the majority of the employees within a

bargaining unit called exclusive bargaining agent.

It is a process where the parties agree

1 .to fix and administer terms and conditions of employment which must not
be below the minimum standards fixed by law

2.to set a mechanism for resolving their grievances

The result of collective bargaining is a contract called collective bargaining

agreement (CBA). A CBA generally has a term of five years. The provisions of a
CBA may be classified as political or economic. Political provisions refer to
those which define the coverage of the CBA and recognize the collective
bargaining agent as the exclusive representative of the employees for the term
of the CBA. Economic provisions refer to all terms and conditions of
employment with a monetary value. Economic provisions have a term of five
years but may be renegotiated before the end of the third year of effectivity
for the CBA.

• EC Benefits for Work-Related Contingencies

The Employees' Compensation Program is the tax-exempt compensation

program for employees and their dependents created under Presidential
Decree No. 626 which was implemented in March 1975. The benefits include:

Medical benefits for sickness/injuries

Disability benefits

Rehabilitation benefits

Death and funeral benefits

Pension benefits
Workers' rights encompass a large array of human rights from the right to
decent work and freedom of association to equal opportunity and protection
against discrimination. Specific rights related to the workplace include health
and safety in the workplace and the right to privacy at work, amongst many
others.

https://bwc.dole.gov.ph/the-workers-basic-rights