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Employment Act and Labor Laws in The Philippines
Employment Act and Labor Laws in The Philippines
Employment Act and Labor Laws in The Philippines
The primary step in establishing a presence in the Philippines is to be familiar with the labor laws that the
government has set to protect its workers. It serves as a legal framework that determines employment in
the country and the best practices that must be observed.
The Philippines Labor Code is the law governing all things related to employment. It was written and
made possible by President Ferdinand Marcos in 1974 as Presidential Decree No. 442. This law
specifies the rules regarding employment in the country, which include hiring practices, work conditions,
benefits, working hours, and termination.
The Labor Code is written in a way that benefits laborers. It sets provisions to protect the welfare of the
workers against unjust and discriminatory practices. The Department of Labor and Employment (DOLE)
is the government agency responsible for promulgating the labor code’s advocacies.
In this article, we will discuss the elements of the Philippines’ employment law and other labor relations
in the country.
Employment Contract
An employment contract is a signed document that formalizes the agreement between the employer and
the employee. It specifies the terms and conditions of their rights and responsibilities.
Employment contracts in the Philippines must abide by the minimum standard set by the Labor Code of
the Philippines. It usually includes the following information:
Employee’s details (name, address, contact number, etc.)
Job position
Job description
Remuneration and Employee benefits
Length and condition of probationary period, if any
Periods of notice
Code of conduct
Employee grievance mechanism
Company policies
The Labor code further identified different types of employment based on the tenure and the job
responsibilities in their employment contract. Below are the following:
Regular employment
An individual’s role and responsibility with the employer is deemed necessary with the business
operations and trade. Employees under this type of employment are employed for an indefinite period.
Casual employment
An individual has been with the employer for a year and will be employed indefinitely so long as their
responsibility and activities exist in the business operations.
Probationary employment
An individual is subject for a period where employers are to assess and evaluate their performance and
suitability for the position. The maximum period for employees to be under probation is six months. After
which, the employer may decide whether to change the employee’s status to regular or terminate their
contract.
Project-based employment
An individual is employed only for the duration of a specific project. Their contract legally ceases once
the project is completed.
Seasonal employment
An individual is employed only for a given season or term. Since they are hired out of necessity, they
shall be considered a regular employee for the season they are obliged to work in.
Minimum Wage
According to Republic Act No. 6727 or the “Wage Rationalization Act” of the Labor Code, the Minimum
wage in the Philippines varies across three major industrial sectors – Agriculture, Retail Establishment,
and Service Establishment. It is furthermore determined regionally. The minimum wage range in the
Philippines may range from PHP 315 to PHP 570 per day.
Working hours
The regular working hours in the Philippines are 8 hours. However, meal/break periods of an hour are
inserted in between these hours. However, there are instances where employee breaks are shortened to
20 minutes due to the nature of work or urgent tasks.
Overtime Pay
Overtime Pay rate varies based on the day the extra work was performed. Below are the following rates:
Ordinary weekday, overtime – hourly rate X 125%
Below is the pay rate for working extra but on regular time (8 hours) on following days:
Rest days or Special days – hourly rate X 130%
Scheduled Rest day – hourly rate X 150%
Regular Holiday – hourly rate X 200%
When workers have to do overtime on special days, rest days, regular holidays, etc. then the
overtime rate is:
Rest days or Special days, overtime – hourly rate X 130% x 130%
Scheduled Rest day, overtime – hourly rate X 150% x 130%
Regular Holiday, overtime – hourly rate X 200% x 130%
Night Shifts
The Labor Code specifies an added payment for employees working the night shift. The Night Shift
Differential is given to employees working a shift between 10 PM to 6 AM. They are entitled to a 10%
additional payment for each hour worked during the night shift.
Holidays
The Philippines have 12 regular holidays, six special-non-working holidays, and 52 rest days.
Additionally, each region recognizes provincial holidays that most businesses observe. Employees
working during these days are entitled to compensation, as indicated in the previous overtime pay rate.
Maternity Leave
Maternity Leave for female employees is 105 days with full pay. But for female employees who qualify as
solo parents under the “Welfare Act of 2000”, an extra 15 days with full pay will be added. In case of
miscarriage, they will be given an additional 60 days’ leave with full payment.
Employees on this leave will be receiving a cash benefit from their Social Security. The employer will pay
the difference to provide their employees full pay during their leave.
The first one, The Magna Carta Of Women Act, is provided for female employees that have undergone
surgery due to a gynecological disorder. Eligible employees will be entitled to 2 months of leave with full
pay.
The second one, the Leave for Victims of Violence Against Women and Their Children, is granted to
employees who had been victims of domestic abuse. They are given ten days of leave with full pay to
attend to their needs during difficult times.
Employee Retrenchment
Business/Establishment closure
½ month’s worth of pay for
An employee is suffering from an illness or disease that may every year served.
not be cured for a period of 6 months.
Retirement
Filipino employees who are of 60 years or more (up to 65 years of age) shall be retired from their
services. However, government employees and those working in the retail, service, and agricultural
sectors are exempted from this ruling.
Filipino retirees will be given a ½ month’s pay for every year of service. Additionally, retirement pay will
include employee compensations such as :
13th-month pay (½ of pay for each year served),
service incentive leave (cash equivalent for five days), and
15 days’ worth of salary (based on the salary rate at the time of retirement)
Penalties
Book seven of the Labor Code of the Philippines highlights the penal regulations for unmet labor
requirements. Generally, unlawful labor practices shall be sanctioned with a fine of PHP 1,000- PHP
10,000 or imprisonment of not more than three years or both.
Complaints about the offenses committed in the Labor Act must be filed within three years after their
occurrence. For unfair labor practices, complaints must be filed within a year.
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