BASIC WORKERS RIGHTS

BASIC LABOR RIGHTS

OF
EMPLOYEES

By:
Atty. Salvador D. Alba, II, L.L.B.
INTRODUCTION
 The Bureau of Working Conditions, a staff department of the Department of Labor and
Employment, compiled a list of Basic Rights that every worker is entitled to.
 These rights ensure the safety and health of all workers.
 Link:
http://bwc.dole.gov.ph/the-workers-basic-rights#:~:text=The%20State%20shall%20protect%2
0labor,and%20regulate%20employee%2Demployer%20relations.
DEFINITION OF TERMS
 “Employer” includes any person acting in the interest of an employer, directly or indirectly.  
 “Employee” includes any person in the employ of an employer.
 Four Fold Test (The test to determine employer-employee relationship)
 The Power to Hire;
 The Power to Fire;
 Payment of Wages;
 The Power of Control.

Source: Art. 212, Book V – Labor Relations, Labor Code of the Philippines
1. 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 relations between employees and employers.
 No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws. (Section 1, Article III of the 1987
Philippine Constitution)
 As jurisprudence elucidates, equal protection simply requires that all persons or things
similarly situated should be treated alike, both as to rights conferred and responsibilities
imposed. It requires public bodies and institutions to treat similarly situated individuals in a
similar manner. (Biraogo v. The Philippine Truth Commission of 2010, G.R. Nos. 192935 and
193036, December 7, 2010, 637 SCRA 78, 167)
2. WORK DAYS AND WORK
HOURS
 An employee must be paid their wages for all hours worked. If their work hours fall between
10:00 p.m. and 6:00 a.m., they are entitled to night shift pay in addition to their pay for regular
work hours. If they work over eight hours a day, they are entitled to overtime pay.
NORMAL HOURS OF WORK
Art. 83. Normal hours of work. The normal hours of work of any employee shall not exceed
eight (8) hours a day.
Art. 84. Hours worked. Hours worked shall include (a) all time during which an employee is
required to be on duty or to be at a prescribed workplace; and (b) all time during which an
employee is suffered or permitted to work.
Rest periods of short duration during working hours shall be counted as hours worked.
NORMAL HOURS OF WORK
Art. 86. Night shift differential. Every employee shall be paid a night shift differential of not
less than ten percent (10%) of his regular wage for each hour of work performed between ten
o’clock in the evening and six o’clock in the morning.
Art. 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that
the employee is paid for the overtime work, an additional compensation equivalent to his regular
wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a
holiday or rest day shall be paid an additional compensation equivalent to the rate of the first
eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.
Art. 88. Undertime not offset by overtime. Undertime work on any particular day shall not be
offset by overtime work on any other day. Permission given to the employee to go on leave on
some other day of the week shall not exempt the employer from paying the additional
compensation required in this Chapter.
TELECOMMUTING ACT OR RA
11156
 Telecommuting refers to a work arrangement that allows an employee in the private sector to
work from an alternative workplace with the use of telecommunication and/or computer
technologies.
 Fair Treatment. All Telecommuting employees shall:
 Receive similar monetary benefits, including overtime and night shift differential;
 Have a right to rest periods, regular holidays and special non working days;
 Have the same workload comparable to those workers at the employer’s premises;
 Have access to training and career development;
 Receive appropriate training on the technical equipment at their disposal;
 Have the same collective rights as the workers at the employer’s premises
3. WEEKLY REST DAY
 A day-off of 24 consecutive hours after six (6) days of work should be scheduled by the
employer upon consultation with the workers.
WEEKLY REST PERIODS
Art. 91. Right to weekly rest day.
It shall be the duty of every employer, whether operating for profit or not, to provide each of his
employees a rest period of not less than twenty-four (24) consecutive hours after every six (6)
consecutive normal work days.
 
The employer shall determine and schedule the weekly rest day of his employees subject to
collective bargaining agreement and to such rules and regulations as the Secretary of Labor and
Employment may provide. However, the employer shall respect the preference of employees as
to their weekly rest day when such preference is based on religious grounds.
4. WAGE AND WAGE-
RELATED BENEFITS
 Wage is the amount paid to an employee in exchange for to the service that they rendered to
their employer. Wage may be fixed for a given period.
HOW IS THE MANDATORY
MINIMUM WAGE SET?
There are four factors that influence the fixing of minimum wage, namely:
1. Needs of workers and their families
 Demand for living wage

 Wage adjustment vis-à-vis Consumer Price Index (CPI)

 Cost of living and changes therein

 Needs of workers and their families

 Improvements in standards of living

2. Capacity to pay
 Fair return on capital invested and capacity to pay of employers

 Productivity

(Labor Law Pre-Week Notes for the 2015 Bar Examinations by: Prof. Joselito G. Chan)
HOW IS THE MANDATORY
MINIMUM WAGE SET?
3. Comparable wages and incomes
 Prevailing wage levels

4. Requirements of economic and social development

 Need to induce industries to invest in the countryside
 Effects on employment generation and family income
 Equitable distribution of income and wealth along the imperatives of economic social
development
 Based on these factors, the regional boards determine the minimum wage at least once a year.

(Labor Law Pre-Week Notes for the 2015 Bar Examinations by: Prof. Joselito G. Chan)
 DAILY MINIMUM WAGE RATES
 REGION VI, WESTERN VISAYAS A/
PER WAGE ORDER NO. RBVI-25 B/
(EFFECTIVE: 26 NOVEMBER 2019)
a. Region VI covers the Provinces of Aklan, Antique, Capiz, Guimaras, Iloilo, and Negros Occidental,
including their respective component cities and the highly urbanized Cities of Bacolod and Iloilo.
 
b.   Grants the following:
 Integration of ₱5-₱15 COLA into the basic wage;
 ₱30.00/day basic wage increase for workers in Non-Agriculture Employing more than ten (10) workers;

 ₱15.00/day basic wage increase for workers in Non-Agriculture Employing ten (10) workers and below;
 ₱20.00/day basic wage increase for workers in Agriculture.

 
 Issued on 22 October 2019; published at the Panay News and Negros Daily Bulletin on 11 November 2019.
 DAILY MINIMUM WAGE RATES
 REGION VI, WESTERN VISAYAS A/
PER WAGE ORDER NO. RBVI-25 B/
(EFFECTIVE: 26 NOVEMBER 2019)
  Wage Order No.
Wage Order No. RBVI-24
RBVI-25
Current
Sector/Industry Wage New
(COLA Wage Minimu
Basic COLA
integrat Increase m Wage
ed into Rate
Basic)
1.   Non-
Agriculture/Industrial/
Commercial
a.      Employing more
350 15 365 30 ₱395
than ten (10) workers
b.     Employing ten (10)
290 5 295 15 ₱310
workers and below
2.   Agriculture 290 5 295 20 ₱315
5. PAYMENT OF WAGES
 Wages should be paid directly to the employee in cash, legal tender, or through a bank.
 Wages shall be given not less than once every two weeks or twice within a month at intervals
not exceeding 16 days.
THIRTEENTH MONTH PAY
 Who are covered by the 13th month pay law?
 Only rank-and-file employees, regardless of their designation or employment status and
irrespective of the method by which their wages are paid, are entitled to the 13th month pay
benefit. Managerial employees are not entitled to 13th month pay.
 What is the minimum amount of the 13th month pay?
 The minimum 13th month pay should not be less than one-twelfth (1/12) of the total basic
salary earned by an employee within a calendar year.
 When should 13th month pay be paid?
 It must be paid not later than December 24 of every year.
6. FEMALE EMPLOYEES
 Women are prohibited from engaging in night work unless the work is allowed by the
following rules: industrial undertakings from 10 p.m. to 6 a.m., commercial/non-industrial
undertakings from 12 m.n. to 6 a.m., or agricultural takings at night provided that she has had
nine consecutive hours of rest.
 Welfare facilities, such as separate dressing rooms and lavatories, must be installed at the
workplace.
BENEFITS OF FEMALE
WORKERS
 Maternity Leave with pay of one hundred five (105) days for all covered female workers in
government and the private sector, including those in the informal economy, regardless of
civil status or the legitimacy of her child or whether she gave birth via ceasarian section or
natural delivery, with an option to extend for an additional thirty (30) days without pay,
while maternity leave of sixty (60) days with full pay shall be granted for miscarriage or
emergency termination of pregnancy (105 Expanded Maternity Leave Law or RA 11210). 
 A female employee should be an SSS member and must have paid at least 3 monthly
contributions within the 12-month period immediately preceding the semester of her
childbirth, miscarriage or emergency termination of pregnancy.  (RA 1161, as amended by RA
8282 and RA 11210)
BENEFITS OF FEMALE
WORKERS
 What is this special leave benefit [GYNECOLOGICAL SURGERY LEAVE]?
 A special leave benefit for women was granted under R.A. No. 9710, otherwise known as
“The Magna Carta of Women” [August 14, 2009]. Thus, any female employee in the public
and private sector regardless of age and civil status shall be entitled to a special leave of two
(2) months with full pay based on her gross monthly compensation subject to existing laws,
rules and regulations due to surgery caused by gynecological disorders.
BENEFITS OF SOLO PARENT
WORKERS
 The parental leave shall not be more than seven (7) working days every year to a solo parent
who has rendered service of at least one (1) year, to enable him/her to perform parental duties
and responsibilities where his/her physical presence is required. This leave shall be non-
cumulative. (Solo parent Act or R.A. No. 8972)
WHO IS A SOLO PARENT?
"solo parent" refers to any individual who falls under any of the following categories:
(1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of
the offender: Provided, That the mother keeps and raises the child;
(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;
(3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1)
year;
(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;
(5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as
he/she is entrusted with the custody of the children;
(6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as
long as he/she is entrusted with the custody of the children;
(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;
(8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare
institution;
(9) Any other person who solely provides parental care and support to a child or children;
(10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the
parents or solo parent.
7. EMPLOYMENT OF
CHILDREN 
 The minimum employment age is 15 years of age. Any worker below 15 years of age should
be directly under the sole responsibility of parents or guardians provided that work does not
interfere with the child’s schooling or development.
 The minimum age of employment is 18 years for hazardous jobs, and 15 years for non-
hazardous jobs. 
8. 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.
OCCUPATIONAL HEALTH AND
SAFETY STANDARDS
 The employer shall safeguard the safety and health of the employees in accordance with the
standards which the DOLE shall develop through the Bureau of Working Conditions (BWC)
and the Occupational Safety and Health Center (OSHC).
DTI AND DOLE GUIDELINES
ON WORKPLACE
PREVENTION AND CONTROL
OF COVID-19
 SAFETY AND HEALTH STANDARDS:
 Increase physical and mental resilience
 Reducing Transmission of Covid-19
 Minimize contact rate
 Reducing the risk of infection from Covid-19
DUTIES OF EMPLOYER
 Provide policies for the prevention and control of Covid-19;
 Provide resources and materials needed to keep workers healthy and the workplace safe;
 Designate the safety officer to monitor COVID-19 prevention and control measures;
 Enhance health insurance provision for workers;
 If feasible, provide shuttle services and/or decent accommodation to lessen travel and people
movement;
 Enjoin the hiring from the local community; and
 Put up a Covid-19 hotline and Call Center for employees to report if symptomatic and daily
monitoring scheme;
WORKERS DUTIES
 Comply with all workplace measures to prevent and control of Covid-19;
 Observe proper respiratory etiquette;
 Coughing and sneezing into tissue or into shirt sleeve;
 Disposing used tissues properly; and
 Disinfecting hands immediately through proper washing with soap and water or alcohol based
sanitizer immediately after a cough or sneeze.
9. RIGHTS TO SELF-ORGANIZATION
AND COLLECTIVE BARGAINING
 Every worker has the right to self-organization, i.e., to form or to join any legitimate workers’
union, free from interference of their employer or the government. All workers may join a
union for the purpose of collective bargaining and is eligible for union membership on the first
day of their employment.
 Collective bargaining is a process between two parties, namely the employer and the union,
where the terms and conditions of employment are fixed and agreed upon. In collective
bargaining, the two parties also decide upon a method for resolving grievances. Collective
bargaining results in a contract called a Collective Bargaining Agreement (CBA).
RELIGIOUS OBJECTORS TO
JOINING UNIONS
 Employees who, at the time the union security agreement takes effect, are bona-fide members
of a religious organization which prohibits its members from joining labor unions on
religious grounds are exempted from the union security clause.
 In labor relations, there is a principle that allows compulsory membership in a union that wins
in the certification election. This is called a union security clause, which is really designed to
protect the incumbent union from becoming a minority. Public policy demands stability in
labor-management relations, which may be assured only when the signatory union to the
collective bargaining agent, called the exclusive bargaining agent, remains the majority union
during the lifetime of the CBA.
Read more at https://www.philstar.com/opinion/2012/10/06/856686/when-religion-comes-
conflict-ones-job#L5ifzSq0ur8vvUEA.99
10. 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; authorized cause refers to
economic circumstances that are not the employee’s fault.
 Once an employer-employee relationship is established, such employment is treated, under our
constitutional framework, as a property right. When a person has no property, his job may
possibly be his only possession or means of livelihood and those of his dependents. When a
person loses his job, his dependents suffer as well. The worker should, therefore, be protected
and insulated against any arbitrary deprivation of his job. (Philips Semiconductors [Phils.],
Inc. vs. Fadriquela, G. R. No. 141717, April 14, 2004; Philippine Geothermal, Inc. vs. NLRC,
189 SCRA 211 [1990]).
DUE PROCESS FOR DISMISSAL
BASED ON AUTHORIZED
CAUSES
Under the Labor Code, authorized causes are classified into two (2) classes, namely:
(1) Business-related causes. – Referring to the grounds specifically mentioned in Article 283, to wit:
a. Installation of labor-saving device;
b. Redundancy;
c. Retrenchment;
d. Closure or cessation of business operations NOT due to serious business losses or financial
reverses; and
e. Closure or cessation of business operations due to serious business losses and financial reverses.
(2) Health-related causes. – Referring to disease covered by Article 284 of the Labor Code.
(Labor Law Pre-Week Notes for the 2015 Bar Examinations by: Prof. Joselito G. Chan)
DUE PROCESS FOR DISMISSAL
BASED ON AUTHORIZED
CAUSES
1. There is good faith in effecting the termination;
2. The termination is a matter of last resort, there being no other option available to the
employer after resorting to cost-cutting measures;
3. Two (2) separate written notices are served on both the affected employees and the DOLE at
least one (1) month prior to the intended date of termination;
(Labor Law Pre-Week Notes for the 2015 Bar Examinations by: Prof. Joselito G. Chan)
DUE PROCESS FOR DISMISSAL
BASED ON AUTHORIZED
CAUSES
4. Separation pay is paid to the affected employees, to wit:
(a) If based on (1) installation of labor-saving device, or (2) redundancy. - One (1) month pay or at least one (1)
month pay for every year of service, whichever is higher, a fraction of at least six (6) months shall be considered as one (1) whole year.
(b) If based on (1) retrenchment, or (2) closure NOT due serious business losses or financial reverses. - One
(1) month pay or at least one-half (½) month pay for every year of service, whichever is higher, a fraction of at
least six (6) months shall be considered as one (1) whole year.
(c) If closure is due to serious business losses or financial reverses, NO separation pay is required to be paid.
(d) In case the CBA or company policy provides for a higher separation pay, the same must be followed instead of the one provided in Article 283.
5. Fair and reasonable criteria in ascertaining what positions are to be affected by the termination, such as, but not
limited to: nature of work; status of employment (whether casual, temporary or regular); experience; efficiency;
seniority; dependability; adaptability; flexibility; trainability; job performance; discipline; and attitude towards work.
Failure to follow fair and reasonable criteria in selecting who to terminate would render the termination invalid.

(Labor Law Pre-Week Notes for the 2015 Bar Examinations by: Prof. Joselito G. Chan)
DUE PROCESS FOR DISMISSAL
BASED ON JUST CAUSES
 Article 282 - (Just Causes for Termination by the Employer) which provides for the following
grounds:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;
(d) 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 representatives; and
(e) Other causes analogous to the foregoing.
DUE PROCESS FOR DISMISSAL
BASED ON JUST CAUSES
 Based on this doctrine which was enunciated in King of Kings Transport, Inc. v. Mamac (G.R.
No. 166208, June 29, 2007), the following requirements should be complied with in just cause
termination:
DUE PROCESS FOR DISMISSAL
BASED ON JUST CAUSES
(1) First written notice.
The first written notice to be served on the employee should:
a) Contain the specific causes or grounds for termination against him;
b) Contain a directive that the employee is given the opportunity to submit his written explanation within the reasonable period of FIVE (5)
CALENDAR DAYS from receipt of the notice:
1) to enable him to prepare adequately for his defense;
2) to study the accusation against him;
3) to consult a union official or lawyer;
4) to gather data and evidence; and
5) to decide on the defenses he will raise against the complaint.
c) Contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employee. This is required in
order to enable him to intelligently prepare his explanation and defenses. A general description of the charge will not suffice.
d) Specifically mention which company rules, if any, are violated and/or which among the grounds under Article 282 is being charged against
the employee.
(Labor Law Pre-Week Notes for the 2015 Bar Examinations by: Prof. Joselito G. Chan)
DUE PROCESS FOR DISMISSAL
BASED ON JUST CAUSES
(2) Hearing required,
After serving the first notice, the employer should schedule and conduct a hearing or
conference wherein the employee will be given the opportunity to:
1) explain and clarify his defenses to the charge/s against him;
2) present evidence in support of his defenses; and
3) rebut the evidence presented against him by the management.
(Labor Law Pre-Week Notes for the 2015 Bar Examinations by: Prof. Joselito G. Chan)
DUE PROCESS FOR DISMISSAL
BASED ON JUST CAUSES
(3) Second written notice.
After determining that termination of employment is justified, the employer shall serve the
employees a written notice of termination indicating that:
1) all circumstances involving the charge/s against the employee have been considered; and
2) grounds have been established to justify the severance of his employment.
(Labor Law Pre-Week Notes for the 2015 Bar Examinations by: Prof. Joselito G. Chan)
THANK YOU!