NCM120: DECENT WORK EMPLOYMENT & to the activity in which he is employed and his employment
TRANSCULTURAL NURSING shäll continue while such activity exists.
TOPIC 1
CONDITIONS OF EMPLOYMENT:
• The Labor Code of the Philippines (Presidential Decree
No. 442, as amended) is the legal code governing
employment practices and labor relations in the
Philippines. It was enacted on Labor day, May 1, 1974 by
Late President of the Philippines Ferdinand Marcos in the
exercise of his then-extant legislative powers.
• Compensation -"The purpose of the compensation is to
attract, « motivate and to maintain employees"
• Direct Compensation - e.g. Incentives & Profit Sharing
(Pay for Performance) Compensation Management
(Wages and Salaries).
• Indirect Compensation - Security, Safety and health
(Legally mandated benefits) Benefits and Services
("Fringe" benefits)
• Benefits and Services are called indirect compensation
and are also known as "fringe benefits" and "Perks".
• Perks (services) are something in addition to the payment
like car fuel and free parking, clothing, and educational
support.
Whereas fringe benefit means something extra (such as
vacation time) that is given by an employer to workers in
addition to their regular pay.
TYPES OF EMPLOYMENT.
Indefinite Period of Employment
• Regular Employment
• Casual Employment;
Definite period of employment
• Seasonal Employment
• Probationary Employment
• Project Employment
• Fixed-Term Employment
1. REGULAR EMPLOYEE
• The Employee has been engaged to perform activities
which are usually necessary or desirable in the usual
business or trade of the employer.
• The Employee has réndered at least one year of service,
whether such service is continuous or broken, with respeçt
• The Employee is allowed to work after a probationary
period.
2. CASUAL EMPLOYEE
Where an Employee is engaged to perform a job, work or
service which is merely incidental to the business of the
employer and such service is for a definite period made
known to the employee at the time of engagement,
provided, that any employee who has rendered at least
one year of service, whether such service is continuous or
not, shall be considered a regular employee with respect
to the activity in which he is employed and his employment
shall continue while such activity exists.
3. SEASONAL EMPLOYEE
Where an employee is engaged to work during a particular
season on an activity which is usually necessary or
desirable in the usual business or trade of the employer.
4. PROBATIONARY EMPLOYEE
Where the employee is on trial by an employer during
which the employer determines the qualification of the
employee for regular employment.
5. PROJECT EMPLOYEE
Where the employment has been fixed for a specific
project or undertaking, the completion or termination of
which has been determined at the time of the engagement
of the employee.
6. FIXED-TERM EMPLOYEE
• A fixed term employment contract is an employment
arrangement between an employer and a fixed-term
employee wherein the latter will perform work for a term of
a certain period of time.
• Fixed term employees should have willfully and
voluntarily entered into the fixed term employment contract
• Fixed term employees should have bargained on equal
footing on the terms and conditions of employment.
• Nori-compliance of the requirements may result in the
employee being reclassified as a regular employee.
WORKING CONDITIONS AND REST PERIODS.
> Normal Hours of Work
• The normal hours of work of any employee shall not
exceed eight hours a day. except in cases where the
enterprise adopts a compressed work week scheme, but "-
shall not exceed 48 hours a week.
• This is without prejudice to firms whose normal work
week is five days, or a total of go hours based on the
normal work day of eight hours,
• Republic Act 5901 - AN ACT PRESCRIBING FORTY
HOURS A WEEK OF LABOR FOR GOVERNMENT AND
PRIVATE HOSPITALS OR CLINIC PERSONNEL.
›Rules on Hours of Work, Who is covered?
• All employees in all establishments, for profit or not
Exceptions：
• Government employees under Civil Service Law,
• Managerial employees and managerial staff;
• Domestic workers under RA 10363;
• Persons in the personal service of another;
• Workers paid by results;
• Field personnel and those whose time and performance
are unsupervised; and
• Dependent family members of the Employer.
Recording Requirement
 An employer shall maintain records of
employment contracts, daily time records,
payment slips, léaves taken, women-related
compliances, and any other records requirement
as per law.
 Employees shall keep and maintain these records
for at least 3 years and shall be available for
access or produce a hard copy of documents as
requested by the labor inspector.
 Employers will be liable for criminal action if they
refuse to give access to the records, work
premises, or employees during the inspection or
investigation of Article 128 of the Labor-Code.
Undertime Not Offset by Overtime
 Undertime work on a business day cannot be
made up by working overtime the next day_The
law forbids the offset because when an employee
works fewer than 8 hours, the hourly rate of
overtime is higher than the hours missed. This
means that if an employee leaves work early, he
cannot be made to work overtime the next day to
make up for those hours.
 In case an employee receives permission to take
leave on a specific day, the employer is still
required to pay for any additional compensation or
overtime work done previously or in the future.
 Pay- an employee shall be entitled to a premium
of 25% of their regular wage.
> If overtime-work is performed i.e. more than 8 hours on
a holiday or rest day then an employee shall be entitled to
an additional premium equivalent to the rate of the first 8
hours plus at least 30% thereof.
Night Work is defined as work performed between 10 p.m.
and 6 a.m. The employee who performs work during the
night shall work a minimum of 7 consecutive hours per
night.
> Employers shall mandaté upon the request of the night
employee to undergo a health assessment without charge
and to receive advice on how to reduce or avoid health
problems associated with their work.
> A night employee who is certified by a competent
physician as unfit to render night work due to health
reasons shall be transferred whenever practicable to a job
for which they are fit to work or a similar or equivalent
position.
• Employees who are unable to render night work for a
continuous period of not less than 6 months upon the
certification of a competent public health authority shall be
granted the same company benefits as other employees
who are unable to work due to illness. In addition, a night
employee shall be certified as temporarily unfit for night
work for a period of less than 6 months and shall be given
the same protection against dismissal or notice of
dismissal as other employees who are prevented from
working for health. reasons
• Pay- An employee is entitled to premium pay of so% of
the regular wage for each hour of work.
* If overtime work falls within the nighttime period,
premiums for overtime work should be integrated into the
regular hourly rate of the employee before computing night
shift pay i.e. employees received a 25% premium for
overtime work plus their regular pay rate. if overtime falls
within the night period, a 20% night premium is applied to
the combined overtime premium and regular pay (10% of
25% premium • regular pay).
Work On Rest Days
> When an employer may require work on a rest day
 The employer may require their employees to
work on any day if an emergency caused by
accident, fire, flood, typhoon, earthquake,
epidemic, or other disaster or calamity to prevent
loss of ife and property, or imminent danger to
public safety, urgent work to be performed on the
machinery, equipment, for installation, to avoid
serious loss which the employer would otherwise
suffer; abnormal pressure of work due to special
circumstances; prevent loss or damage to
perishable goods; nature of the work requires
continuous operations, or under other
circumstances analogous or similar to the
foregoing as determined by the Labor Authorities.
BENEFITS:
Minimum requirements set by laws, rules and regulations
and other issues relating to? ' wages, hours of work, cost
of living allowances, and other monetary and welfare
benefits, including those set by occupational safety and
health standards.
Minimum Wage
Service Incentive Leave
Holiday Pay
Maternity Leave
Premium Pay
Paternity Leave
Overtime Pay
ParentalLeave
13th Month Pay
Separation Pay
Retirement Pay
Employee
Compensation(ECC) Pay
Night Shift Pay
Leave for VAWC
SSS and PagIBIG Benefits
Service Charge Share
Special Leave for Women
Regular Holidays 2024
• NewYear's Day-January a (Monday)
• Maundy Thursday - March 28
• Good Friday - March 29
• Arang Kagitingan - April 9 (Tuesday)
• Labor Day - May 1 (wednesday)
• Independence Day - June 12 (Wednesday)
• National Heroes Day - August 26 (Monday)
• Bonifacio Day -November 3o (Saturday)
• Christmas Day - December 25 (Wednesday)
• Rizal Day - December 3o (Monday)
Special Non-Working Days 2024
• Ninoy Áquino Day - August 22 (Wednesday)
• All Saints' Day - November a (Friday)
• Feast of the Immaculate Conception of Mary - December
8 (Sunday)
• Last day of the year - December 31 (Tuesday)
• Additional Special Non-Working Days 2034
• Chinese New Year - February 9 (Friday), following
Proclamation No. 453
• Black Saturday - March 30
• All Souls' Day - November 2 (Saturday)
• Christmas Eve - December 24 (Tuesday)
Right to Holiday Pay
• Holiday Pay refers to the payment of regular daily wage
for any unworked Regular Holiday at the rate of 100%.
• If the Employee is allowed or required to work on a
Regular Holiday, he is entitled to 200% of his daily wage
rate (Basic Wage + COLA).
• If a Required Holidays falls on the same day and the
Employee is allowed or required to work on such day, he
is entitled to 300%.
Premium Pay: Who is Covered?
> All employees in all establishments, for profit or not.
 Exceptions：
• Government employees subject to Coll Service Lawg
• Managerial employees and managerial staff
• House helpers and persons in the personal service of
another;
• Workers paid by results;
• Field personnel and other employees whose time and
performance are unsupervised;
• Dependent family members of the Employer
Service Incentive Leave
• The Employee is entitled to 5 days of leave with pay for
every one year of service; provided that he has served for
1 year already.
• If Employer grants vacation leave with pay of at least 5
days every year, then this is already compliance with 5lly
• Commutable to cash and becomes SIL Pay.
• Part-time employees are also entitled to full service
incentive leave.
• No Labor Code provisions on vacation leave or sick
leave.
Service Charges
• Employees are entitled to a share from the Service
Charge being collected by the Employer from his
customers.
• Rank-and-file employee's share: 85%
• Management's share: 15%.
• Rank-and-file employees shall receive equal share.
Partecs
• If abolished, the share of the Rank-and-file employees
shall be considered integrated to their wages.
• If the Employer doesn't collect Service Charge, the
pooled tips shall be treated the same way as Service
Charge.
Article 287: Retirement Pay
• Retirement age: 60 to 65 years old.
• Employees must also have worked for at least 5 years for
the Employer.
• Rate: Equivalent to 22.5 days salary for every year of
service payable by Employer.
• Distinct from the Retirement Benefits from SSS.
• Excluded: Government employees; and Rotail/ Service/
Agricultural Establishments employing not more than io
workers.
Separation Pay
• Employees terminated by the Employer on the basis of
Authorized Causes are entitled to Separation Pay.
• Rate: 1 Month or ½ Month Salary for every year of
service: Retrenchment, Closure of Business, Serious
Disease.
• Rate: 2 Month or. 1 Month Sálary for every year of
service: Labor-saving device, Redundancy, and
Impossible Reinstatement.
• Regular Allowance is included in the computation.
Presidential Decree 851: 13th Month Pay
Rank-and-file employees are entitled to 13th month pay,
provided they worked for at least a month.
• Rate: 1/12 of the total basic salary earned by an
Employee in a year.
• Excluded: Government employees, Employees paid
based on results, and Managerial employees.
• Domestic workers are now entitled to 13th Month Pay per
RA 20362
Maternity Leave
• All pregnant female workers are entitled to Maternity
Leave subject to SSS Law.
• 60 days of the average daily salary credit for normal birth
or miscarriage.
• 78 days of the average daily salary credit for cesarean
section delivery.
• Requirements: Membership in the SSS with at leaßt 3
months contributions prior 1ò delivery or miscarriage.
Paternity Leave
• All married male workers are entitled to Paternity Leave
of 7 Calendar days with pay for the first 4 deliveries (or
miscarriage) of his lawful wife whom he is cohabiting with.
• Paternity Leave is Not convertible to cash
Parental Leave for Solo Parents
• Parental Leave shall mean leave benefits granted to a
solo parent to enable him or her to perform parental duties
and responsibilities where physical presence is required.
• The solo parent is entitled to 7 days leave with pay.
• Parental Leave is Not convertible to cash.
• Requirements: At least 1 year of service and DSWD Solo
Parents ID.
Leave for Victims of VAWC
• Female employées who are certified as victims under the
"Anti-Violence Against Women and. their Children Act of
2004" are entitled to 10 days of leave with pay to enable
her to attend to medical and legal concerns.
- VAWC Leave is Not convertible to cash.
• Requirements: Certification from the barangay,
prosecutor, or clerk of court that a VAWC case involving
the victim female employee is pending.
Special Leave for Women
• Female employees who has undergone surgery due to
gynecological disorders are entitled to 2 months leave with
pay to enable her to attend to medical and legal concerns.
• Special Leave is Not convertible to cash.
• Requirements: Certification from physician/and
employment service of at least 6 months within the 12
month period prior to surgery.
Employee Compensation Program
• The ECP is designed to provide a compensation package
to Employees and their dependents in case of work related
sickness, injury, disability or death.
• Benefits: Loss of income benefit; Medical benefit;
Rehabilitation services; "
Career allowance; and Death benefits.
• Workers in the formal sector are covered starting on day
1 of their employment.
PhilHEALTH Benefits
• The National Health Insurance Program, which is
administered by PhilHEALTH, provides financial
assistance to member-Employees when they get
hospitalized.
• All employees are required to be members
• Benefits: Inpatient hospital care; and outpatient care
based on a Schedule of Benefits.
Social Security System (SSS) Benefits
• The Social Security Program provides a package of
benefits in the event of death, disability, sickness,
maternity, and old age. It provides replacement for income
lost during these contingencies.
• All employees in the private sector are mandatorily
covered, including
Domestic Workers.
• Benefits: Sickness, Maternity, Disability, Retirement,
Death & Funeral, based on a Schedule of Benefits.
Occupational Safety and Health Standards
• Every covered Employer is required to keep and maintain
his workplace free from work hazards that are causing or
likely to cause physical harm to the workers or damage to
property.
• The Occupational Safety and Health Standards, as
amended, is the body of rules and regulations that protect
every worker against the dangers of injury, sickness or
death through safe and healthful working conditions.
Non-Diminution Benefits
• The reduction or elimination of benefits provided under
the law, agreement or voluntary practice is prohibited.
• The principle of non-diminution of/benefits states that:
"any benefit and supplement being enjoyed by employees
cannot be reduced, diminished, discontinued or eliminated
by the employer.
Exception to Rules on Non-Diminution Benefits
• If circumstances no longer justify grant of benefits
(Dislocation pay, relocation allowance, per diem,
supplements, etc.)
• Rule on grant of bonus - management prerogative, but
not if given as a salary supplement and without conditions.
Working Conditions for Special Groups of Employees
 Working Women (Chapter XI)
>Prohibiting night work within certain hours regardless of
age, with or without compensation are: industrial
undertakings, between 10:00 PM and 6:00 AM of the
following day.
Exceptions:
> In cases of actual or impending emergencies to prevent
loss of life or property; imminent danger to public safety; in
case of urgent work on machineries, equipment o
installations to avoid serious loss to the employer, among
others
Working Conditións for Special Groups of Employees
 Working Women (Chapter XI)
c. Requiring free family planning services and incentives
• Establishments required to maintain a clinic or infirmary
shall provide for family planning services to their
employees (Art. 134 LC)
 Working Women (Chapter X)
d. Prohibiting discrimination on account of sex
> Equal remuneration shall be paid to both the men and
women for work of equal value (Art. 135 LC). This has been
relegated into a crime by R.A. 6725 (cf. infra).
Disability Benefits
• Temporary Total Disability (TTD)
income benefit = 90% of his average daily salary
coverage = continuous benefit pay must not exceed 12 g
working days
• Permanent Total Disability (PTD)
income benefit - equivalent to his monthly income benefit
+ 20%6 for each dependent child (not exceeding 5
dependents).
guaranteed monthly benefit = five years
Death Benefits
Article 192. Death. — (a) Under such regulations as the
Commission may approve, the" System shall pay to the
primary beneficiaries upon the death of the covered
employee under this Title a monthly income benefit
equivalent to the monthly income benefit for permanent
total disability increased by ten per cent for each
dependent child but not exceeding five, beginning with the
youngest and without substitution: Provided, That the
portion equivalent to the monthly income benefit for
permanent total disability shall be guaranteed for five
years; Provided, further, That if he has no primary
beneficiary the System shall pay to his beneficiaries or
legal heirs a lump sum benefit equivalent to the lesser of
thirty times the monthly income benefit for permanent total
disability and six thousand pesos.
Disability Benefits
• Permanent Total Disability (PTD)
The following disabilities shall be deemed total and
permanent:
(2) Temporary total disability lasting continuously for more
than one hundred twenty days, except as otherwise
provided for in the Rules;
(2) Complete loss of sight of both eyes;
(3) Loss of two limbs at or above the ankle or wrist;
(6) Permanent complete paralysis of two limbs;
(5) Brain injury resulting in incurable imbecility or insanity;
and
(6) Such cases as determined by the Medical Director of
the System and approved by the Commission.
Unfair Labor Practices by Employer
• Employers may be held liable for unfair labor practices if
they interfere with their employees' right to self-
organization.
1. Concept
"Unfair labor practices" - violate the constitutional right of
workers and employees to self-organization, are inimical to
the legitimate interests of both labor and management,
including their right to bargain collectively and otherwise
deal with each other in an atmosphere of freedom and
mutual respect, disrupt industrial peace and hinder the
promotion of healthy and stable labor-management
relations. (Article 258, P.D. 442, Labor Code)
Disability and death Benefits
ART. 188. Refusal of examination or treatment. - If the
employee unreasonably refuses to submit to medical
examination or treatment, the System shall stop the
payment of further compensation during such time as such
refusal continues What constitutes an unreasonable
refusal shall be determined by the System which may on
its own initiative, determine the necessity, character and
sufficiency of any medical services furnished or to be
furnished
ART. 189. Fees and other charges. - All fees and other
charges for hospital services, medical care and appliances
excluding professional fees shall not be higher than those
prevailing in wards of hospitals for similar services to
injured or sick persons in general and shall be subject to
the regulations of the Commission. Professional fees shall
only be appreciably higher than those prescribed under
Republic Act numbered sixty-one hundred eleven, as
amended, otherwise known as the Philippine Medical
Care Act of 1969
CHAPTER VI
DISABILITY BENEFITS
ART. 191. Temporary total disability.
(a) Under such regulations as the Commission may
approve, any employee under this Title who sustains an
injury or contracts sickness resulting in temporary total
disability shall for each day of such a disability or fraction
thereof be paid by the System an income benefit
equivalent to ninety percent of his average daily salary
credit, subject to the following conditions: The daily income
benefit shall not be less than Ten Pesos nor more than
Ninety Pesos, nor paid for a continuous period longer than
one hundred twenty days, except as otherwise provided for
in the Rules, and the System shall be notified of the injury
or sickness. (As amended by Sec 2, E.O.379).
(b) The monthly income benefit shall be in accordance with
the regulations of the Commission (As amended by Sec
19, P.D. 850)
Disability and death Benefits
ART. 193. Permanent partial disability.
(c) A loss of a wrist shall be considered as a loss of the
hand, and a loss of an elbow shall be considered as a loss
of the arm. A loss of an ankle shall be considered as a loss
of the foot, and a loss of a knee shall be considered as a
loss of the leg A loss of more than one joint shall be
considered as a loss of the whole finger or foe, and a loss
of only the first joint' shall be considered as a loss of one-
half of the whole finger or toe Provided, That such a loss
shall be either the functional loss of the use or physical loss
of the member. (As amended by Sec 7, P.D. 1368)
(d) In case of permanent partial disability less than the total
loss of the member specified in the preceding paragraph,
the same monthly income benefit shall be paid for a portion
of the period established for the total loss of the member
in accordance with the proportion that the partial loss bears
to the total loss. If the result is a decimal fraction, the same
shall be rounded off to the next higher integer.
(e) In cases of simultaneous loss of more than one
member or a part thereof as specified in this Article, the
same monthly income benefit shall be paid for a period
equivalent to the sum of the periods established for the
loss of the member or a part thereof. If the result is a
decimal fraction, the same shall be rounded off to the next
higher integer
(1) In cases of injuries or illnesses resulting in a permanent
partial disability not fisted in the preceding schedule; the
benefit shall be an income benefit equivalent to the
percentage of the permanent loss of the capacity for work
(As amended by Sec. 7, P.D. 1J68)
(g) Under such regulations as the Commission may
approve, the income benefit payable in case of permanent
partial disability may be paid in monthly pension or in lump
sum if the period covered does not exceed one year. (As
added by Sec 7, P.D. 1363)