Terms and conditions of employment

 Meal period
 Private Retirement benefit
 Maternity leave
 Paternity leave
 Parental leave
 Leave due to domestic violence
 Leave due to Gynecological disorders
 13th months’ pay

Minimum wage
 Under the Philippines minimum wage
law, the minimum wage rate varies from
one region of the country to another
and is set by the relevant regional
tripartite wages and productivity board.

 Under the most recent wage order for

CAR, Baguio city, Latrinidad and Tabuk
City, Daily Minimum wage rates is at
P340 (Basic) + 10 Cost of living
allowance (COLA)= 350, Other areas in Work Hours and overtime

CAR IS AT P330 (basic) +10 (COLA)= 340  Normal Hours of work should not

Daily minimum wage rates exceed eight hours a day.

 But a valid compressed workweek

Source: Cordillera Administrative Region arrangement, an employee who renders

(CAR) Per wage order no. RB-CAR-20 work in excess of eight hours a day is

(Effective. 18 November 2019) entitled to overtime pay equivalent to

the applicable wage rate plus at least 25
percent.
 The overtime rate will vary if the
overtime work is rendered on a rest day,
regular holiday or special holiday or
during the period between 10 pm and 6
am of the following day.

 But there are, certain classes of

employees (called exempt employees”
 in) are not entitled to such overtime
pay, namely:
 Government employee
 Managerial employees and officers or
members of the managerial staff
 Field personnel
 Members of the family of the employer
who is dependent on him for support
 Domestic helpers and persons in the
personal service of another; and
 Employees who are paid by results, as
determined by the Secretary of the
Philippines Department of Labor and
Employment (DOLE) in appropriate
regulations
 employees going for overtime to be
entitled overtime pay depending on the
nature of their duties and
responsibilities. If the employees’ duties
and responsibilities do not qualify them
as exempt employees, they are entitled
to overtime pay
 Employers may not require employees
to perform overtime work except in
certain cases and provided appropriate
compensation is paid. In practice, they
ask employment contracts where the
employees agree to perform overtime
work.
Compressed work week in relation to
overtime pay
 Compressed workweek is not
mandated, but we have existing
guidelines on this. Its effectivity and
implementation should be voluntary.
The work scheme is voluntary because
this is part of management prerogative.
Both parties have the autonomy to
reach an agreement if it does not violate
our labor laws. Also the benefit of the
employees should not be reduced due
to the implementation of such work
arrangement
 Department advisory No.4 series of
2010 defines the compressed workweek
as a flexible work arrangement where
the normal workweek is reduced to less
than six day, but the total number of
work hours per week shall remain. The
normal workday is increased to more
than eight hours, but not exceed 12
hours, without corresponding overtime
premium. The concept can be adjusted
accordingly depending on the normal
workweek of the company, the advisory
further states.
 There are lot of consideration in
adopting flexible work arrangement but
the scheme aims to improve business
competitiveness and productivity. The
scheme also aims to give both
employers and employees the flexibility
in work hours which is compatible with
business requirement and the
employees’ need for a balanced work-
life.
Rest Days
 Employers may require its employees to
work six days per week
 Employees, except exempt employees,
are entitled to a rest period without pay
of not less than 24 consecutive hours of
every six consecutive normal working
days. For work done on rest day, the
employer should pay compensation
 equivalent to the applicable wage rate
plus at least 30 percent thereof.
 The rate for work on a rest day will vary
if the rest day is also regular holiday or a
special holiday or the work is during the
period between 10pm and 6am of the
following day
 Furthermore, employers may not
require employees to work during their
scheduled rest day except in certain
cases and provided appropriate
compensation is paid. In practice, they
ask employees to sign employment
contracts where the employees agree to
perform work outside their normal work
schedule
Night shift differential
 Pertains to the additional compensation
of at least 10 percent of an employee’s
applicable wage rate, payable to
employees (except exempt employees)
who perform work between 10 pm and
6 am of the following day.
Regular Holiday
There are 12 regular holiday:
1. New Years day (January 1)
2. Maundy Thursday (movable date)
3. Good Friday (movable date)
4. Eidul Fitr (Movable date)
5. Eidul Adha (movable date)
6. Araw ng Kagitingan (Monday nearest
9 april)
7. Labor day (Monday nearest 1 May)
8. Independence Day (Monday nearest
12 june)
9. National heroes day (last Monday of
august)
10. Bonifacio day (Monday nearest 30
november)
11. Christmas day (25 December)
12. Rizal Day (Monday nearest
December 30)
 Employers should pay their employees,
except exempt employees, their regular
daily wage for any unworked regular
holiday .
 When an employer ask a non-exempt
employee to work during a regular
holiday, the employee should receive at
least 200 percent of applicable wage
rate on the said regular holiday.
 The rate for work on a regular holiday
will vary if the regular holiday work is
rendered during the period between 12
midnight and 6 am and 10 pm and 12
midnight of the regular holiday.
Special Holiday
The three special day holiday are as follows;
1. Benigno S. Aquino Jr. Day (Monday
nearest 21 August)
2. All Saints Day (November 1)
3. Last day of the year (December 31)
 As a rule, employees who are not
required to work on theses special
holidays are not, by law, entitled to
compensation. But work performed on
theses day by non-exempt employees
however, merits compensation
equivalent to the applicable wage rate
plus at least 30 percent thereof.
 If the special day also happens to be the
non-exempt employee’s scheduled rest
 day, the premium wage rate is increased
to at least 50 percent of the applicable
wage rate.
 The rate for work on a special holiday
will vary if the special holiday work is
rendered during the period between 12
midnight and 6 am and 10 pm and 12
midnight of the special holiday.
Service incentive leave
 Every nonexempt employee who has
rendered at least one year of service is
entitled to a yearly service incentive
leave (which is commonly replaced by
vacation leave of five days with pay)
 the service incentive leave should be
converted to its money equivalent and
paid to the nonexempt employee by the
employer if not used by exhausted by
the sad employee at the end of the year
 As a general rule an employer can
regulate the schedule of the service
incentive leave of its employees.
Meal Period
 give their employees at least one hour
non-compensable time-off for regular
meals
 But an employer can give employees a
meal break of less than one hour in
certain cases. in any of these cases the
shorter meal. Must be considered as
compensable hours worked and must
not in any case be less than 20 minutes.
Private retirement benefit
 Employees are entitled to receive such
retirement benefit as he may be earned
under existing laws and any collective
bargaining agreement and other
agreements. however an employee
retirement benefits under any collective
bargaining and other agreement shall
not be less than those provided by the
Labor Code
 The absence of any provision on
optional retirement in a collective
bargaining agreement, employers
retirement plan or any other
agreement, an employee (except an
underground mining employee) has the
option to retire and receive retirement
pay upon reaching the age of 60 years
or more, provided he has served at least
five years with his employer
 if the employee (who is not an
underground mining employee) reaches
the compulsory retirement age of 65
years, his employer may retire him and
pay him retirement pay. in the case of
underground mining employees, they
may retire and receive retirement pay
upon reaching 50 years of age and
completing five years of service to their
employer, and their employer may
retire them and pay them retirement
pay when they reach 60 years (which is
the compulsory retirement age for
underground mining worker)
 eligible retiring employee is entitled to
retirement pay equivalent to at least
half month salary for every year of
service, a fraction of at least six months
of service being considered as one
whole year.
 The “half-month salary” for tirement
pay purposes generally includes the 15
day salary of the employee based on his
 latest salary date, cash equivalent of five
days of service incentive leave, 1/12 of
the 13th month pay due the employee,
and all other benefits that the employer
and employee may agree upon to be
included in computing retirement pay
Maternity Leave
 Legal basis: Republic Act no. 11210
which is known as the “105- day
expanded Maternity leave law”
 Pregnant female employees, whether
single or married, our extended leave
credits with full pay to be used in every
instance of pregnancy, miscarriage or
emergency termination of pregnancy,
regardless of frequency
 It is given to female employees to be
used during or after their pregnancy
 benefit consists of 105 days of leave
credits with full pay, with an option to
extend for an additional 30 days without
pay
 female solo parents has an additional 15
days of leave credits with full pay
 For cases of miscarriage or emergency
termination of pregnancy, female
employees is given 60 days of leave
credits with full pay
 availing of maternity is without
limitation as to frequency
 benefit is non convertible to cash
 benefit is non-cumulative
Paternity leave
 legal basis: Republic Act no.8187 which
is known as the “paternity leave act of
1996”
 This live benefits are live credits
extended to married male employees
“for purposes of enabling him to
effectively lend support to his wife and
her period of recovery and or in the
nursing of the newly born child” (Sec. 3 .
R.A. 8187)
 It is given to married male employees
whose legal wife underwent delivery or
miscarriage
 applies to all male employee regardless
of employment status
 it consists of seven days of leave credits
with full pay
 applies to the first four deliveries of the
male employees legal wife, with whom
he is cohabiting
 the married male employee is required
to be cohabiting with his legal wife
unless there is a justifying circumstances
 benefit is non convertible to cash
 benefit is noncumulative
Parental leave
 Parental leave of not more than seven
working days every year shall be
granted to any solo parent employee, in
addition to live privileges under existing
laws as defined in the law who has
rendered service of at least one year
 change in the status or circumstance of
the parent claiming parental leave
benefits, such that he or she is no longer
left alone with the responsibility of
parenthood, shall terminate his or her
eligibility for this benefit
Leave due to domestic violence
 Victims of violence against women and
their children who is employed is
entitled to paid leaves of up to 10 days
in addition to paid leaves under other
laws, Extendible when the necessity
arises as specified in a protection order
issued by an appropriate authority
 the availment of the 10 day leave is at
the option of the female employee and
such leave shall cover the days that the
employee must attend to medical and
legal concerns
 unused leaves are not commutative and
not convertible to cash
Leave due to gynecological disorders
 For female employees who have
rendered continuous aggregate
employment service of at least six
months for the last 12 months are
entitled to their special leave benefit of
up two to two months with full pay
following surgery caused by
gynecological disorder
13th month pay
 All “rank-and-file” employees of
employers covered by the revised
guidelines of the implementation of the
13 month pay loss are entitled to a
bonus called “13 month pay”, regardless
of the amount of their monthly basic
salary, their designation or employment
status, and the method by which their
salary is paid provided they have
worked for at least one month during a
calendar year
 the 13 month pay of a rank and file
employee should be equivalent to at
least 1/2 of the total basic salary that
the employee earned within a calendar
year. the required 13 month pay should
be paid not later than December 24 of
each year.
 but an employer may give its wrong and
file employees half of the required 13
month pay before the opening of the
regular school year in June and the
other half on or before 24 december.
The frequency of payment of the 13
month pay may also be the subject of an
agreement between the employer and
the collective bargaining agent of its
rank-and-file employees.
 Rank-and-file employees are defined as
those who are not managerial
employees.
 Managerial employees are those who
are vested with powers or prerogatives
to lay down and executive management
policies and/or to hire, transfer,
suspend, layoff, recall, discharge, assign,
or discipline employees, or to effectively
recommend such managerial actions.
Exempted Employers
1. The government and any of its political
subdivision, including government
owned and controlled corporation,
except those corporations operating
essentially as private subsidiaries of the
government.
2. employers who are already paying their
employees 13 month pay or more in a
 calendar year or its equivalent at the
time of the issuance of P.D 851
3. Persons in the personal service of
another in relation to such workers and;
4. employers of those who are paid on
purely commission, Boundary or
task basis, and those who are paid a
fixed amount for performing specific
work, Irrespective of the time
consumed in the performance
thereof (accept those workers who
are paid on piece rate basis, in which
cases their employer shall grant
them 13 month pay)
 Term “its equivalent” as used in #2
above all include the Christmas bonus,
midyear bonus, cash bonuses, and other
payments amounting to not less than
1/12 of the basic salary but shall not
include cash and stock dividends, cost of
living allowance, and all other
allowances regularly enjoyed by the
employee, as well as non-monetary
benefits
Module 4
Classification of Employment
 Regular Employment
 Project employment
 Seasonal employment
 Casual employment
 Fixed period Employment
Regular Employment
 When an employee is engaged to perform
activities that are usually necessary or
desirable in the usual business or trade of
the employer the worker should be
employed as a regular employee (i.e. an
employee with an indefinite term) unless
the Employment relationship can qualify as
an alternative employment arrangement.
 other possible types of employment
arrangements such as project, seasonal,
casual and fixed term could be availed. The
validity of these alternative employment
arrangement depends on whether the
requisites of this alternative employment
arrangement have been met. if the
requisites have not been met the ostensible
alternative employment arrangement shall
be degraded and the employee shall be
deemed to be a regular employee
 Before an employee becomes a regular
employee his employer can require him to
undergo probationary period. The
maximum length of the probationary period
is six months counted from the date the
new employee started working.
 normally employers may not extend the
probationary period but once the new
employee can work after the lapse of the
probationary period his employment will be
deemed a regular employment by operation
of law. Also, at or before the beginning of
the probationary., The employer must
notify the employee of the standards that
he must satisfy. otherwise the employment
will also be deemed a regular employment
from the time the employees started
working.
Probationary employment
 Probationary employment contract is an
employment arrangement between an
employer and a probationary employee
 “there is a probationary employment when
the employee upon his engagement is made
to undergo a trial period during which the
employee determines his fitness to qualify
for a regular employment based on
reasonable standards made known to him
at the same time of engagement”
 the probationary or trial period shall not
exceed 180 days calendar (six months)
(Article 296, Labor code)
Exceptions when the probationary period may
exceed the 180 calendar days:
1. apprenticeship Agreement; and
2. teaching personnel in the private sector
Requirements:
1. The employer must communicate their
regularization standards to the
provisional employees;and
 2. the employer must make such
communications at the same time of
the probationary employee
engagement
note: ‘’in other words, the employer is
made to comply with two requirements
when dealing with a probationary
employee; first the employer must
communicate the regularization standards
to the probationary employee. And second,
the employer must make such
communication at the time of the
probationary employee’s engagement. if
the employer fails to comply with either the
employee is deemed as a regular and not a
probationary employee
Probationary period, different for teaching
personnel in the private sector
 “reality we have to face in the consideration
of employment on probationary status of
teaching personnel is that they are not
governed purely by the Labor Code. the
Labor Code is supplemented with respect to
the period probation by special rules found
in manual of regulation for private schools”
(Mercado V. AMA Computer college-
paranaque city, Inc. G.R NO.183572, 13
april, 2010
 “subject in all instances to compliance with
the department and school requirements
the probationary period for academic
personnel shall not be more than three
consecutive years of satisfactory service for
those in the elementary and secondary
level, six consecutive regular semesters of
satisfactory service for those in the tertiary
level, and nine consecutive trimesters of
satisfactory service for those in the tertiary
level were collegiate courses are offered on
a trimester basis”
Probationary period different for teaching
personnel in the private sector
 The use of employment for fixed periods
during the teacher's probationary period is
likewise an accepted practice in the
teaching profession (Mercado v AMA
computer College- Paranaque open open
The common practice is for the employer and
the teacher to enter into a contract, effective
for one school year. at the end of the school
year, the employer has the option not to renew
the contract, particularly considering the
teachers performance. if the contract is not
renewed the employment relationship
terminates. if the contract is renewed usually
for another school year the probationary
employment continues. Again, at the end of
that. The parties may opt to renew or not to
renew the contract. if renewed this second
renewal of the contract for another school year
would then be the last year. since it will be the
third school year of probationary employment.
at the end of this third year the employer may
now decide whether to extend a permanent
appointment to the employee, primarily on the
basis of the employee having met the
reasonable standards of competence and
efficiency set by the employer. for the entire
duration of this three-year. The teacher remains
under probation. upon the expiration of his
contract of employment Bing simply on
probation he cannot automatically claim
security of tenure and compel the employer to
renew his employment contract. it is when the
yearly contract is renewed for the third time
that section 93 of the manual become operative
and the teacher then is entitled to regular or
permanent employment status. it is important
that the contract of probationary employment
specify the period of its effectivity. the failure to
stipulate its precise duration could lead to the
inference that the contract is binding for the full
three-year probationary period. (Magis young
achiever’s learning center v adelaida P.
Manalo )
Project Employment
 Project employment exists when the period
of employment has been fixed for a specific
undertaking, the completion of which has
been determined at the time of the
engagement of the employee
 project employee may become a regular
employee when he is continuously rehired
after the cessation of a project and perform
services vital, Necessary and indispensable
to the usual business or trade of the
employer.
Seasonal employment
 Seasonal employment comes in when the
work is to be performed only at a certain
time of the year and employment is for the
duration of that time of the year only.
Casual Employment
 casual employment occurs when an
employee is engaged to perform work that
is merely incidental to the business of the
employer and such work is for a definite.
Made known to the employee at the time of
his engagement
 when a casual employee renders at least
one year of service whether such service is
 continuous or not he shall be considered a
regular employee with respect to the
activity for which he is employed by his
employment shall continue while such
activity exists
Fixed- period employment
 fixed- period Employment happens when
the commencement and termination dates
of the employment relationship have been
set before the employment relationship
begins
 Nevertheless, where the circumstances
evidently show that the employer imposed
the period precisely to preclude the
employee from acquiring tenurial security,
the law in this court will not hesitate to
strike down or disregard the period as
contrary to public policy, morals, etc “in
such a case that general restrictive rule
under article 280 of the Labor Code will
apply and the employee shall be deemed
regular” (universal robina shugar milling
corporation V. ACIBO)
Fixed- period is employment is highly restricted
and is subject to the following requirements
1. The employee must have willfully and
voluntarily enter the fixed term
employment contract without any
duress, force, intimidation or undue
influence from the employer and
2. the employer and the employee must
have bargained on equal footing on the
terms and conditions of employment.
Note: as much as possible fix. Employment
should involve highly educated people or
highly technical positions.
Termination of Employment
 As a rule an employer may terminate
unemployment only if there is a legal (i.e
just or authorized) cause for termination
and it's as follow the procedures required
for the cause of termination
 at will employment where the employer
may dismiss an employee at anytime
without cost and by mere notice or salary in
lieu of notice it is not allowed under
Philippine labor law.
 on the other hand an employee may
terminate his employment for any reasons
for serving a written notice to his employer
at least one month in advance. if the
employee does not give any notice the
employer may hold the employee liable for
damages under certain instance(ART.300 of
the labor code). the employee may
terminate his employment without need of
any notice like serious insult by the
employer on the honor and person of the
employee.
 Right the security of tenure
the right to security of tenure means that a
regular employee shall remain employed
unless he's or her services are terminated
for just or authorized cause and after
observance of procedural due process.
 An employer shall observe procedural due
process before terminating ones
employment.
a.) A notice of intent to dismiss is
specifying the ground for termination
and giving said employee reasonable
opportunity within which to explain his
or her side
b.) a hearing or conference where the
employee is given opportunity to
respond to the charge, present
evidence or rebut the evidence
presented against him or her
c.) a notice of dismissal indicating that
upon due consideration of all
circumstances grounds have been
established to justify termination
In a termination for an unauthorized cause, due
process means a written notice of dismissal to
the employee specifying the grants at least 30
days before the date of termination. a copy of
the notice shall also be furnished the regional
office of the Department of Labor and
employment where the employer is located.
Cause for dismissal
 Just causes
 Authorized causes
Note: dismissing employees is the act by the
employer of terminating their employment
on the ground of just causes and after
observance of substantive and procedural
due process. while a management
prerogative it is subject to twofold
limitation of good faith and employee rights
 Dismissal: the highest form of penalty
 Penalties usually range from verbal
reprimand, written warning, suspension, to
dismissal, thus dismissal is the highest form
of penalty that an employer may impose as
a penalty for an erring employee as this will
result in the severance of the employer
employee relationship
 Penalty: Commensurate to the offense

 The Supreme Court has repeatedly held that
the penalty of dismissal should be exercised
humanly and considerately as well as to
ensure that the sanction is commensurate
to the offense
 although we recognize the inherent right of
the employer to discipline its employees we
should still ensure that the employer
exercises the prerogative to discipline you
mainly and considerately and that the
sanction imposed in commensurate that the
offense involved enter the degree of the
infraction. the number of infractions during
his employment the employer should never
forget that always at stake in disciplining it's
employee are not only his position but also
his livelihood and that he may also have a
family entirely dependent on his earrings
(Dongon V rapid and forwarders)
Just causes for termination of employment are
as follows
 Serious misconduct or willful disobedience
by the employee of the lawful orders of his
employer or representative in connection
with his work
 gross and habitual neglect by the employee
of his duties
 fraud or willful breach by the employee of
the trust reposed in him by his employer or
duly authorized representative
 Commission of a crime or offense by the
employee against the person of his
employer or any immediate member of his
family or his duly authorized representative
 other causes analogous to the foregoing
authorized causes for termination of
employment are as follows:
 Installation of labor- saving devices
 Redundancy
 Retrenchment to prevent losses
 Closing or cessation of operation of
establishment or undertaking
 Disease, where the continued employment
of the afflicted employee is prohibited by
law or is prejudicial to his health as well as
to the health of his co-employees.
Termination of employment by the employer
without legal cause
 The illegally dismissed employee is entitled
to reinstatement without loss of seniority
rights and other privileges, the payment of
full back wages and inclusive of allowances,
and of other benefits of their monetary
equivalent computed from the time
compensation was withheld until actual
reinstatement, and to payment of damages
Procedures of dismissal
 In exercising the management prerogative
of dismissal of an employee from work due
to just cause, the Labor Code requires the
employer to serve a written notice to the
employee informing him to the charges
against him
 after serving the notice, the employer must
afford the employee an opportunity to be
heard where the employee can answer the
charges with assistance of counsel, if he so
desires. if the employer decides to dismiss
the employee it must serve another written
notice to the employee to inform him of
each decision to dismiss him.
 When termination of employment due to
an authorized cause, the employer must
serve a written notice to each affected
employee and to the DOLE at least one
month before the intended effective date of
determination
 for employment termination by reason of
disease, there must also be a certification
by a competent public health authority that
this disease cannot be cured within a period
of six months even with the proper medical
treatment.
 in all cases of authorized cost employment
termination the employee is entitled to
receive separation pay. the separation pay
is equivalent to half month salary for every
year of service or one month salary for
every year of service depending on the
authorized cause of employment
termination.
 When the employee is dismissed without
management observing the appropriate
procedures the employee is entitled to
nominal damages, the amount of which is
subject to the discretion of the court even if
there is a just or authorized cause for
employment termination. for this purpose
the court will take into consideration the
relevant circumstances of each case
particularly the gravity of the due process
violation
 the nominal damage serves us a penalty
upon the employer for each failure to
comply with the requirements of
 procedural due process for employment
termination,
Labor relations
 Employees right to self-organization is
enshrined in the 1987 Philippine
constitution. Likewise, it is the policy of the
Philippines to promote the free and
responsible exercise of the right to self-
organization
 employees generally have the right to self-
organization and the right to form, join or
assist labor unions for purposes of collective
bargaining. however certain limitation to
the right to form join, or assist labor unions
 Managerial employees and confidential
employees are not eligible to form join or
assist labor unions
 supervisory employees are not eligible for
membership in the collective bargaining
unit of rank-and-file employees but may
join, assist or form separate collective
bargaining units and or labor unions of their
own
 The formation of Labor union is
encouraged, but the activities of Labor
unions are regulated
 As example, labor unions are not allowed to
commit unfair labor practices. Labor unions
are prohibited from among other things (i)
restraining or coercing employees in the
exercise of their right to self organization.
(ii) causing or attempting to cause an
employer to discriminate against an
employee; and (iii) asking for or accepting
negotiation fees from the employer as a
part of the settlement of any issue in
collective bargaining.
 Labor union must be registered with the
DOLE in order to enjoy all the rights granted
by law to labor unions. labor unions may
register as an independent labor union or as
a charter of a federation or National Union.
 a labor union likewise must be recognized
or certified as the exclusive bargaining
representative of the employees of the
bargaining unit for each represent them in
collective bargaining.
 Labor union likewise must be recognized or
certified as the exclusive bargaining
representative of the employees of the
bargaining unit for each to represent them
in collective bargaining. the Labor Code and
its implementing rules and regulation
defined the registration process and specify
the recognition or certification process and
the manner of collective bargaining.
Republic Act no.9481, amending the Labor
Code made it simpler for a labor union to
acquire a legal personality for a purposes of
filing a petition for certification election
 For collective bargaining agreement(CBA),
insofar as the representation aspect is
concerned be for a term of five years. all
other provisions such as economic
provisions, should be renegotiated not later
than three years after its execution.
furthermore within 30 days from the
execution of collective bargaining
agreement the parties to the agreement
should submit copies of the same directly to
the Philippines Bureau of Labor relation or
the appropriate DOLE regional office for
registration.
 Apart from labor unions the Labor Code
likewise permits the formation of Labor
management councils in private companies
to provide a venue for labor and
management representatives to discuss
company and personal policies
 the Labor Code and its implementing rules
and regulation specify the organizational
structure and procedures in forming such
councils
On strikes, Picketing and lockouts (Art. 278 of
the labor code)
 It is the policy of the state to encourage free
trade unionism and free collective
bargaining
 workers shall have the right to engage in
concerted activities for purposes of
collective bargaining or for their mutual
benefits and protection. the right of
legitimate labor organization to strike and
picket and of employers to lock out
consistent with the national interest shall
continue to be recognized and respected.
however no labor union may strike and no
employer may declare a lockout on grounds
involving inter union and intra union
disputes
Inter- Union dispute vs intra- union dispute
 Inter-Union Dispute- any conflict between
and among legitimate labor organization
involving representation questions for
purposes of collective bargaining or to any
other conflict or dispute between legitimate
labor unions
 Intra- Unions Dispute- any conflict between
and among union members including
grievances arising from any violation of the
rights and condition of membership
violation of or disagreement over any
 provisions of the unions constitution and
bylaws or disputes arising from chartering
for affiliation of union.
Collective bargaining defined
 It refers to the negotiation of wages and
other conditions of employment by an
organized body of employees
Social welfare legislations
 Under the Philippine Labor Code employees
are entitled to monetary benefits such as
the minimum wage, 13 month pay and
overtime pay among many others
 in addition the Labor Code also requires
employers to become membership of the
pag-IBIG fund, Philhealth, and SSS, as as
well as remit monthly contribution on
behalf of their employees to this
government offices. this ensures that
employees have access to affordable house
financing, health insurance, and Social
Security benefits as mandated by the law.
 The Social Security of law 1997, National
Health insurance are of 1995, the home
development mutual fund law of 2009, and
their respective implementing rules and
regulation as amended (here in after
collectively referred to as the “social
legislation”), impose on Philippine
employers and their employee certain
Social Security obligations
 Under the social legislation a Philippine
employer and its employees are required to
be members of and make monthly
contribution to the Social Security system
(SSS) Philippine health insurance
corporations(PhilHealth), and home
development mutual fund (Pag-IBIG Fund).
The contributions of the employer and its
employees are based on the employees
monthly compensation.
 the employer must shoulder its contribution
and may not deduct the same from its
employees compensation. after the
employees contributions the employer is
required to withhold the same from the
employees compensation. furthermore the
employer is required to remit its own
contribution and those of its employees
(which it has withheld) to the SSS,
PhilHealth, and Pag-IBIG Fund within the
period set by these agencies
 Failure of an employer to remit its
contribution and those of its employees to
the SSS, PhilHealth, and Pag-IBIG fund could
give rise not only to monetary liability for
the employer but also to criminal sanction
against the employer and its officers. if a
juridical person is guilty of the offense, it's
managing director, partner, president,
general manager and order responsible
persons are liable for penalties
 The monetary liability was involved interest
on the contribution that have not been
remitted, computed from the date that
contributions fall due until they are
remitted to the relevant agencies. the
criminal sanctions would involve a fight or
imprisonment or both
Government-Mandated benefits from the PAG-
IBIG, PHILHEALTH AND SSS cover the following
workers:
1. Permanent, temporary, or provisional
employees(hired by private companies)
under the age of 60 with a monthly
income of more than 1000 pesos
2. household workers with a monthly
income of at least 1000 pesos, including
kasambahays, drivers, cooks and
gardeners.
3. Filipino working for Philippine base or
foreign base employers and are working
locally or overseas
4. foreigners not older than 60 years old
who are living and working in the
Philippines except for those who are
exempt in other countries totalization
agreements
Differentiating SSS for GSIS: the goal of both
agencies is to provide employees benefits and
protection in the event of life unpleasant events
such as illngess, disability, death, old age and
other things
 SSS (Social Security System) is for
employees working in the private sector
and companies
 GSIS (Government Service Insurance
System) which as the name implies, is for
the employees working in government
sector such as the public school teachers,
government official just to name a few.
Miscellaneous Matters (Other labor- related
concerns)
 Prohibition Against Diminution of Benefits
(Labor Code)
 Workplace safety
 Medical Checks
Prohibition against diminution of benefits
(Labor code)
 The Philippine Labor Code prohibits the
elimination or diminution of employee
benefits this means that an employer may
not unilaterally take back or reduce benefit
that it has voluntarily given to its employee.
For non-diminution rule will apply, the
following requisites should be present;
 the grant of benefit is based on an express
policy of the employer or has ripened into a
practice over a long period of time
 it is consistent and deliberate
 it is not due to error in the construction or
application of doubtful or difficult questions
of law
Workplace safety
Employers covered by the Occupational safety
and health standards must:
(i) furnish it's workers a place of
employment free from hazardous
conditions that are causing or are
likely to cause death, illness or
physical harm to the workers
(ii) give complete job safety instruction
to all the workers(especially those
entering the job for the first time)
including instructions relating to the
familiarization with their work
environments hazards to which the
workers are exposed to end steps
taken in case of emergency
(iii) comply with the requirements of
the Occupational Safety and health
standards and
(iv) use only approves devices and
equipment in the workplace
state commitment to the total development
of every worker as a complete human
being.
Medical Checks
 Pre employment physical examination
should be conducted to determine the
physical condition of the prospective
employee at the time of hiring and to
prevent the placement of an individual on a
job where through some physical or mental
defects he may be dangerous to his fellow
workers or to property
 the Occupational Safety and health
standard also require annual physical
examination all examination should be
complete and thorough be rendered free of
charge to the employees and exclude X-ray
or special laboratory examination when
necessary due to the particular nature of
the employment
 records of physical examinations and all
informations obtained by ca should be held
strictly confidential


 Legal basis: Republic act no.11058 “an act

strengthening compliance with
occupational safety and health standards
and providing penalties for violations
thereof”
 Covered workplaces refers to
establishment, projects, sites and all other
places where work is being undertaken
were in the number of employee, nature of
operations, and risk or hazard involved in
the business, as determined by the
secretary of Labor and employment require
compliance with the provisions of this act
 as a matter of policy, they state shall
protect every worker against injury,
sickness or death choose safe and healthful
working conditions thereby assuring the
conservation of valuable manpower
resources and prevention of loss or damage
to lives and properties consistent with
national development goals, and with the