The Employees Basic Rights

By: Glenn John M. Balongag

 Equal Work Opportunities for All

The State shall protect labor, promote full employment, provide equal work opportunity regardless of gender, race, or creed; and regulate employee-employer relations.

 Equal Work Opportunities for All

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

 Equal Work Opportunities for All

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 nonhazardous 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

 Security of Tenure
Authorized Cause refers to an economic circumstance not due to the employee's fault, including:
1. 2.

3.
4.

the introduction of labor-saving devices redundancy retrenchment to prevent losses closure or cessation of business

 Security of Tenure
Due Process in cases of just cause involves:
1. 2.

3.

notice to employee of intent to dismiss and grounds for dismissal opportunity for employee to explain his or her side notice of decision to dismiss

 Security of Tenure
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 and Wage-Related Benefits

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.

 Wage and Wage-Related Benefits

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) kilometer 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.

 Computation of Wages
Computation of wages is governed by the following rules: Computing Overtime: On Ordinary Days
Number of hours in excess of 8 hours (125% x hourly rate)

On a rest day, special day, or regular holiday

Number of hours in excess of 8 hours (130% x hourly rate)

 Computation of Wages
Computing pay for work done on: A special day (130% x basic pay) A special day, which is also a scheduled rest day (150% x basic pay) A regular holiday (200% x basic pay) A regular holiday, which is also scheduled day (206% x basic pay)

 Computation of Wages
Computing Night Shift Premium Where Night Shift is a Regular Work: On Ordinary day (110% x basic hourly rate) On a rest day, special day or regular holiday (110% x overtime hourly rate for rest days, special days, regular holidays)

 Computation of Wages
Computing Overtime on Night Shift: On Ordinary day (110% x overtime hourly rate) On a rest day, special day or regular holiday (110% x regular hourly rate for rest days, special days, regular holidays)

 Computation of Wages
Computing 13th Month Pay: Total basic salary earned for the exclusive of overtime, holiday, and night shift differential pay divided by 12=13th month pay.

 Employment of Women
Nightwork 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.

Safe Working Condition

Protection includes provision of: Appropriate seats, lighting and ventilation; Adequate passageways, exits and fire fighting equipment; Separate facilities for men and women; Appropriate safety device like protective gears, masks, helmets, safety shoes, boots, coats or uniforms; Medicine, medical supplies, or first aid kits; Free medical and dental services and facilities, the kind of which depends on the number of employees and the nature of the work.

Rest Days and Holidays

Rest Day refers to any period of not less than 24 consecutive hour after not more than six consecutive work days. Holidays or Special Days to days classified as such by law or declared by competent public authority, whether or not it falls on an employees work day or rest day.

Rest Days and Holidays

Regular Holidays
New Years Day January 1 Maunday Thursday movable dates Good Friday movable dates Araw ng Kagitingan April 9 Labor Day May 1 Independence Day June 12 National Heroes Day last Monday of August Bonifacio Day November 30 Christmas Day December 25 Rizal Day December 30

Special Holidays
All Saints Day November 1 Last Day of the Year December 31

 Leaves
The three types of leaves, which an employee is obliged to extend to its employees are:

a. Service Incentive Leave (SIL), which refers to a five-day leave with pay to which an employee is entitled after one year of service. Unused SIL may be converted to cash at the end of each year of service, and the computation shall be the salary rate at the time of conversion.

 Leaves
b. Maternity Leave, which refers to the leave granted to the occasion of childbirth, abortion, or miscarriage of female member of the SSS who has paid at least three monthly contributions in the 12-month period immediately preceding her childbirth or miscarriage. During her maternity leave, the female employee shall be paid an allowance equivalent to her average monthly salary credit for 30 days in case of normal childbirth, abortion or miscarriage, or for 78 days in case of caesarian delivery. This allowance shall be given in advance by the employer, and subject to reimbursement by the SSS.

 Leaves
c. Paternity Leave, which allows a male employee a leave of seven days with full pay when legitimate spouse gives birth or suffers miscarriage. It shall be granted to the employer for the first four deliveries of his legitimate spouse.

Administration and Enforcement

Labor Standards are the minimum terms and conditions of employment fixed through the Labor Code, including wages and wage-related benefits and leaves. No employer is allowed to extend to its employees terms and conditions of employment below these standards.

 Administration and Enforcement

Under the visitorial power, the Secretary of Labor and Employment through the Regional Director or an authorized representative can inspect or investigate the premises or records of the employer at any time whenever work is being undertaken. The power is intended to determine whether the employer is complying with labor standards or other obligations to its workers as prescribed by the Labor Code.

Administration and Enforcement

Through the Enforcement Power, the Secretary or Regional Director can 1. Order an employer, after due notice and hearing, to comply with labor standards; 2. issue a writ of execution in case the employer does not honor the order of compliance; or 3. Stop work or suspend operations if the violation poses an imminent danger to the health and safety of workers. If work is stopped or suspended due to imminent danger, the employer has aright to a hearing, to be conducted within 24 hours from the time of work or when operations is stopped. The hearing is to determine whether or not it is safe for work operations to resume.

 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.

 Right to Self-Organization and Collective Bargaining

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

 Right to Self-Organization and Collective Bargaining

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 affectivity 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 Participation and Tripartism

The ideal relationship of employees and employers is social partnership. They are expected to share primary responsibility in regulating their relations and settling their differences. They are encouraged to set-up labor-management councils and other mechanisms for fostering communications, consultation, cooperation, and join decision making in the workplace.

 Workers Participation and Tripartism

Employees have the right to a just share in the fruits of production. Employers are entitled to reasonable returns on their investment and to expansion and growth. Both parties are encouraged to develop schemes to improve efficiency, competitiveness, and productivity which result in increased outcomes for employees and long term sustainability for employers.

 Workers Participation and Tripartism

Workers have a right participate in policy and decision making processes in matters directly affecting them. They have a right to take part in tripartite activities with government and employers organizations. Through their organizations, workers are entitled to representation in tripartite decision-making functions as defined by law, including fixing of wages and resolution of labor disputes.

 Social Legislations
Social legislations are laws which provide social security benefits to workers, generally through: 1. income substitutes in case they suffer contingencies resulting in temporary or permanent loss of earning capacity; 2. also rehabilitation assistance for workrelated disability; 3. financial assistance or allowance for death or sickness; 4. old age pensions in case of retirement; and 5. credit access for social needs.

 Social Legislations
Social security benefits are sources from a common fund sustained by contributions from employers or employees or both. The main security programs are: 1. the Employees Compensation Program, which provides employees and dependents with tax-exempt income and medical benefits in case of work connected disability or death; 2. the Social Security Program, which provides tax-exempt benefits for employees and their families in case of disability, sickness, old age or death; 3. the Housing Program, which provides employees who are members of SSS housing

 Social Legislations
Also part of legislation is the retirement law, which provides retirement benefits equivalent to 22.5 days salary for every year of service for optional retirement at 60 under RA 7641 or under applicable agreement or for compulsory retirement at age 65. For underground mine employees, optional retirement at 50 under RA 7641 as amended by RA 8558; compulsory at 60.

 On Labor Disputes
A Labor Dispute is any controversy or matter concerning the association or representation of persons for purposes of collective bargaining, or concerning terms or conditions of employment, including violations of labor standards, labor relations, and welfare and social laws.

Types of Disputes
A labor dispute may between: 1. the employer and its employees or employees organizations; 2. two associations of employees; and 3. members of employees organizations.

Types of Disputes
Labor Standard Disputes include non-payment or underpayment of wages and wage-related benefits and violations of health and safety standards. Labor Relations Disputes include employee discipline or dismissals, unfair labor practices, disputes arising from the right of unions to represent employees for purposes of bargaining, bargaining deadlocks, strikes and lockouts, contract administration, and personnel policy disputes. Welfare and Social Legislations disputes refer to claims arising from failure of the employer to comply with its social and welfare obligations under the law, such as remittance of SSS premiums and ECC contributions, or failure to pay social benefits including maternity pay, PhilHealth, and disability compensation.

THANK YOU!!! & GOD BLESS!